MERS

EPIDEMIC OF FRAUD: 75% OF ALL ASSIGNMENTS ARE INVALID

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE  3 MILLION FORECLOSURES VOID Southern Essex Registry of Deeds Audit Reveals That 75% of Assignments of Mortgage Are Invalid; O’Brien Says Banks Responsible for an Epidemic of Fraud. Once again urges Attorney’s General to stop Bank settlement talks Posted on29 June 2011. Commonwealth …

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GOLDMAN WEB OF DECEIT AND TAX EVASION: BKR TRUSTEE SUES FOR FRAUD

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Lee Farkas of TBW was right when he said, “I could rob a bank with a pencil.” AUCTION SALES INCOMPLETE FOR NON-PAYMENT: TRUSTEE DEED SHOULD NOT BE ISSUED SUBSTITUTE TRUSTEE COULD BE SUED FOR DAMAGES EDITOR’S COMMENT: It’s like a checklist of things …

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SACCI v. MERS | CA Dist. Court “MYSTIFYING, UTTERLY CONFUSING ASSIGNMENTS, SUBSTITUTIONS, HOST OF ENTITIES

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE USDC CA Central -Sacchi-v-Mers-La-11-Cv11-01658-Ahm-Cwx-w EDITOR’S NOTE: Every time a Court actually looks at the documents, examines the pleadings and exhibits and asks the most basic questions, they rule in favor of the borrower. It’s not out of bias that they ruled as they …

SACCI v. MERS | CA Dist. Court “MYSTIFYING, UTTERLY CONFUSING ASSIGNMENTS, SUBSTITUTIONS, HOST OF ENTITIES Read More »

TITLE CRISIS: EVEN IF YOU PAID CASH FOR YOUR HOME, TITLE STILL IN DOUBT — and you could be "underwater"

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The number of underwater mortgages is vastly understated by this revelation. Practically every residential real estate transaction in the last 10+ years …

TITLE CRISIS: EVEN IF YOU PAID CASH FOR YOUR HOME, TITLE STILL IN DOUBT — and you could be "underwater" Read More »

Michigan Court Relies on New York Trust Theory, Rules Loan Never Made it to Trust

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VALIDATED IN 4TH STATE IN AS MANY DAYS EDITOR’S NOTE: In plain language the “securitization” of loans at least with respect …

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NY and DE Examine Trust Documentation: Pandora's Box Open

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! click-here-to-register-for-seminar   WHY YOU NEED TO ATTEND GARFIELD CONTINUUM SEMINAR If you don’t understand why the bundling of mortgages at the level of the investment banks is important to your case(s) involving securitized mortgages, then you don’t “get it” yet. …

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CA BKR DENIES STAY, ORDERS SANCTIONS AGAINST ONEWEST, INDYMAC

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! “the Court will not participate in a process where OneWest increases its profits by disobeying the rules of this Court and by providing the Court with erroneous information” NEW NOTE GAMBIT ANGERS JUDGE EDITOR’S COMMENT: We’ve been watching this for …

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GAME OVER? VEAL CASE VINDICATES EVERY POINT REPORTED ON LIVINGLIES

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! NEIL GARFIELD, GARFIELD CONTINUUM SEMINARS, LIVINGLIES VINDICATED IN FULL NO MERIT TO FORECLOSURE ACTIONS, PAST PRESENT OR FUTURE UNLESS THE REAL CREDITOR IS PRESENT. BURDEN OF PROOF SHIFTS TO PRETENDERS 57568003-IN-RE-VEAL-w “IN THIS CASE, ONE COMPONENT OF PRUDENTIAL STANDING IS …

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SEPARATING THE NOTE FROM THE OBLIGATION: TOO ESOTERIC FOR JUDGES

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The argument for separation of the note from the mortgage is finding a lot of resistance from the Bench, as Ron Ryan writes below. I agree with him up to a point. The fact remains that at the very start of …

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CA: Woman Wins House Back After Foreclosure

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE PRETENDING TO MODIFY WHILE SETTING HER UP FOR FORECLOSURE BORROWERS BEWARE: MODIFICATION PROCEDURE, UNLESS IT IS UNDER COURT ORDER IS A RUSE TO GET YOU FURTHER INTO DEFAULT   EDITOR’S NOTE: She’s not the first by a long shot, but this case shows …

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9th Circuit BAP: HSBC, ASC Not Real Party In Interest, No Standing, MERS Has No Interest

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Fontes-MEMO-9th Ciruit BAP – Judge Jury a Member of the Panel The collateral benefit MUST go solely to the homeowner. If the creditor chooses not to exercise any right or intention to collect, it is not a license for ANYONE to come in …

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WSJ: BANK STOCKS TUMBLING ON DOUBTS THAT MORTGAGES ARE ENFORCEABLE

MOST POPULAR ARTICLES GET FORENSIC LOAN ANALYSIS AND THEN PURCHASE COMBO GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The battle liens are drawn: either the pretender lenders with nothing at stake except satisfaction of greed or the homeowner -borrowers who were duped by fraudulent appraisals and other predatory and fraudulent lending practices are …

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LEHMAN MANAGEMENT MAY OFF THE HOOK BUT DOUBT PERSISTS AS TO WHETHER VALUE EXISTS IN MORTGAGES OR MORTGAGE BONDS

MOST POPULAR ARTICLES GET FORENSIC LOAN ANALYSIS AND THEN PURCHASE COMBO GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTES: Maybe Lehman management is flipping for the prosecution. The fact remains that there is growing doubt whether there is any justification for putting a value on mortgages that are unenforceable and therefore whether …

LEHMAN MANAGEMENT MAY OFF THE HOOK BUT DOUBT PERSISTS AS TO WHETHER VALUE EXISTS IN MORTGAGES OR MORTGAGE BONDS Read More »

WAKE UP CALL: COMPTROLLER OF THE CURRENCY STOPS MERS DEAD

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “We’re a nation of laws. Everyone knew that MERS didn’t have the right to appear as a beneficiary, but it would have been inconvenient to act on this because MERS was in widespread use throughout the banking industry. It was wrong, wrong, wrong, …

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HOW TO USE A SECURITIZATION SEARCH

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WHY YOU NEED TO ATTEND OUR SEMINAR WHAT IS A SECURITIZATION SEARCH? Hopefully any securitization search will include all public records information that either name or describe your loan, and any information public or private that contains clues to what was done with …

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Homeowner Association Liens Might be More Valuable Than Anyone Realizes

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Funny how things come full circle. Back in the 1970’s, 80’s and early 90’s I was heavily involved in representing hundreds of associations for homeowners — condominium, cooperative, and homeowner associations. I litigated everything from recreation leases, construction defects, to liens for unpaid …

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BANK PLOY: WE NEVER GOT YOUR DOCUMENTS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The truth is that the “home retention” or “modification” programs are a farce. They are merely a cover for the actual plan in effect which is to get as many houses in their pocket before the reality of the illegality of …

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NOTE HOLDER IS NOT A HOLDER IN DUE COURSE

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM JOHN GALT, BUT ATLAS IS STILL SHRUGGING I’m taking this as an invitation to discuss the fact and ramifications of the noteowner NOT being a holder in due course (one who takes a note, for instance, with notice of its dishonor, i.e., it’s in default …

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Foreclosure-Gate Screw Tightens: Banks Face $17 Billion in Suits Over Foreclosures

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: Here is our problem writ large. The commentary written by Shedlock (see below) is basically on the side of punishing the banks for their wrongdoing, but not giving any relief to borrowers. The logic behind the position is that anyone who does not pay …

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IL AG ISSUES NEW SUBPOENAS TO LPS AND NTC

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE MADIGAN ISSUES SUBPOENAS TO LPS, NationWide Title Clearing ; WIDENS ‘ROBOSIGNING’ PROBE FROM STOPFORECLOSURENOW.COM Chicago — Attorney General Lisa Madigan today expanded her investigation into “robosigning” practices, issuing subpoenas against two national mortgage servicing support providers. The subpoenas are the latest effort in Madigan’s ongoing probe …

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NY Times Editorial: As Housing Goes, So Goes the Economy

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: Where were they three years ago? Well it is still a good thing that the lead editorial connects the dots. The housing market is continuing to decline and it will continue as long as we regard the foreclosures as having any color of legitimacy. …

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Cal AG Forms Special Task Force on Bankers' Fraud — Says Fraud Cost the State $640 Billion

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “We are looking at a situation of up to $640 billion in wealth having been lost because of this wave of foreclosures that has hit the state,” Harris said, referring to the decline in homeowner equity. “There is a direct connection” between mortgage fraud “and the …

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UTAH QUIET TITLE CASE GIVES CLEAR TITLE TO HOMEOWNER

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Harvey v Garbett, quiet title case in Draper Utah (1) The case was decided on procedural rather than substantive grounds, so citing to this case as proof that the homeowner is entitled to quiet title in the context of a securitized loan would not be right. …

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MAINE S. CT: HSBC AFFIDAVIT NOT TRUSTWORTHY – SUMMARY JUDGMENT REVERSED

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE The fact that the true creditor doesn’t want to collect from homeowners is not a good reason to allow someone else to collect it. — Neil Garfield FORECLOSURE CASE LAW – HSBC v. MURPHY, Maine Supreme Judicial Court, 2011 ME 59 (May 19, 2011) “AFFIDAVITS SUBMITTED …

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