Referring to the default as real, but with an explanation of how it is subject to rationalization or argument, completely undermines your argument that they have no right to be in court, to collect, to issue notices or initiate foreclosure. …when you refer to the default, you should refer to it as a false claim …
In an increasing number of foreclosure cases, homeowners are going head to head with the lawyers who file claims on behalf of entities on the basis of fabricated and/or forged instruments that in many cases were also recorded in county records. Lawyers like Dan Khwaja in Illinois are getting clearer and clearer about it. They …
HAPPY NEW YEAR to readers who celebrate Rosh Hashanah! To all others, have a HAPPY DAY. This is a prescheduled article. ABOUT LIVINGLIES AND LENDINGLIES I have assembled a partial list of various possible claimants on the note and various possible claimants on the mortgage. Which one of these scenarios fits with your case? Once …
UCC Hierarchy of Rights to Enforce Note and Mortgage Read More »
The real parties in interest are trying to make money, not recover it. The Wilmington Trust case illustrates why borrower defenses and investor claims are closely aligned and raises some interesting questions. The big question is what do you do with an empty box at the bottom of an organizational chart or worse an empty …
Impact of Serial Asset Sales on Investors and Borrowers Read More »
This decision, although not yet for publication, brings us another step closer to exposure to the largest economic crime in human history. Every lawyer should read it more than once in its entirety. It contains the arguments and the narrative for most successful defense strategies against fraudulent foreclosures. Fundamental to understanding why foreclosures are fraudulent …
Hat tip to Bill Paatalo who wrote the main article. See link below. I would like to say that this could have happened only in Arkansas, but that isn’t true. Watch how the Court twisted itself into a pretzel in its determines effort to make Wells Fargo win despite admitting to unlawfully altering the note …
“In order to have standing to foreclose a mortgage, a party ‘must own or control the underlying debt.’” New Jersey litigants need look no further. In fact, in every other state of the U.S. you will find the same decisions each quoting from several other to the same effect. Courts across the country have usually …
NJ Appellate Court Decision Goes to Achilles Heel of "Securitizers" Read More »
Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 32,000 people listen to the Neil Garfield Show. Maybe you should too. =============================== Patricia Rodriguez returns tonight to talk about her Seminar on October 31, 2015.. Patricia is a good lawyer and particularly good …
Patricia Rodriguez Tonight on the Neil Garfield Show Read More »
Despite various “reports” from the Obama Administration and writers in the fields of real estate, mortgages and finance, the crisis is still looming as the main drag on the economy. Besides the fact that complete strangers are “getting the house” after multiple payments were received negating any claim of default, it is difficult to obtain …
Pretender Mender: Foreclosure Crisis Continues to Rise Despite Obama Team Reports Read More »
Parties claiming a right to foreclose allege they are the “Holder” and do not allege they are the holder in due course (HDC) because they are ducking the issue of consideration required by both Article 3 and Article 9 of the UCC. So far their strategy of confusion is working. They are directly or impliedly …
Why They Sue as Holder and Not as Holder in Due Course Read More »
PRACTICE AND PROCEDURE IN TENNESSEE If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 (East Coast — including Tennessee) and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who …
Wake Up Tennesee: You Only Think the Foreclosure Mess Won't Hurt You Read More »
Dan Hanacek, who will be at the conference in Emeryville tomorrow, and Charles Cox can be reached through our customer service number 520-405-1688. Dan is a lawyer with whom I am engaged in mentoring and resourcing in Northern California cases and Charles helps people all over the country. The tide is turning. The basic principles …
Assignment must exist in writing, even if the court says it doesn't need recording Read More »
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: Since the beginning, my experience on Wall Street, the underwriting of securities and the trading of securities, led me to believe that the documents issued at the closing with the borrower were part of a securities package. The issuer was nominally …
THE PROMISSORY NOTES FROM BORROWERS ARE SECURITIES Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: THE ONLY THING MISSING IS THE LARGEST QUESTION OF ALL: WERE THE MORTGAGE LIENS EVER PERFECTED? DO THEY EXIST? I also contest the issue of whether the banks were ever intending to do things right. I know from interviews I conducted …
After The Storm – Foreclosure Fraud & Robo-Signing Continues by Nye Lavalle Read More »
LIVINGLIES—GARFIELD CONTINUUM BLOG COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary Editor’s Note: I’m not sure about the submission below and I invite comments. The point missing, I think, is that the notes themselves were not EACH converted into bonds. The securitization structure appears to me to be the intermingling of notes (which …
Legal Research Society Uncovering the CUSIP Applications: Converting Notes into Bonds Read More »
In my opinion, the growing anger at Wall Street is giving Lloyd Blankfein and Jamie Dimon another chance at misdirection. They are using the current popular angst to steer the debate into whether derivatives and synthetic CDOs should be banned. In the end they will win that debate, and they should win it. What they …
