“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 »
This is a blatant flaunting and end run around the rule of law. Following a 15 year tradition of fabricating “facially valid” documents, lawyers are having an employee of the law firm sign documents to verify a complaint or other filing. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE …
Business Records Exception On Shaky Ground: The main point is foundation: the affidavit or testimony by the robo-witness must show that the company he works for is in fact the servicer of the loan, as authorized by the owner of the debt, and that he/she has actual knowledge of the procedures and posting policies of …
By William Hudson Just because you can thread a needle and replace the button on your shirt, doesn’t mean you should attempt your own vasectomy. Furthermore, just because you faithfully read LivingLies on a daily basis doesn’t mean you should organize a national Qui Tam foreclosure defense action. Despite the sophisticated knowledge necessary to testify …
The Affiant who googled Bank of New York Mellon had "Standing" Read More »
Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays It has been my contention all along that these cases ought to end in the discovery process with some sort of settlement — money damages, modification, short-sale, hardest hit fund programs etc. But the only way the …
I know from past experience that the prosecuting attorneys at bar associations tend to move in packs. There is actually a pretty good reason for this. Certain practices by attorneys are emulated by other attorneys and spreads from state to state. Based upon a recent decision in New York State, I believe we’re going to …
bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be …
New Mexico Supreme Court Wipes Out Bank of New York Read More »
With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated …
NOTE IF ANYTHING, THIS DEPOSITION PROVES THE NEED FOR AN EXPERT FORENSIC COMPUTER ANALYST TO ASSIST IN DISCOVERY AND PERHAPS EVEN PLEADING. THAT IS WHY MY LAW FIRMS AND OTHERS ARE CREATING ALLIANCES WITH LAWYERS WHO HAVE EXPERIENCE IN BOTH THE PRACTICE OF LAW, LITIGATION AND DETAILED KNOWLEDGE ABOUT WHAT TO LOOK FOR, HOW TO …
Nardi Deposition Reveals All about JPM-WAMU Slick Transactions Read More »
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: Stopa makes some very good points for lawyers to consider, the main one being that you should make it as hard as possible for the would-be forecloser to prove their case. If they really have the goods, they will prove it; but as we have seen time …
Mark Stopa: Preparing for Trial In a Foreclosure Case Read More »
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM REPRESENTATIONS BY COUNSEL ARE NO SUBSTITUTE FOR PROOF SEE 52867919-In-Re-Wilson-Memorandum-Opinion-07-Apr-2011 NOTABLE QUOTES: “The fraud perpetrated on the Court, Debtors, and trustee would be shocking if this Court had less experience concerning the conduct of mortgage servicers. One too many times, this Court has been witness to the shoddy practices …
Submitted on 2011/02/20 at 6:20 am by Tracey T. Wilson The Wells Fargo Bank, N.A. vs. Sandra A. Ford was NOT a Pro Se case. Sandra A. Ford was defended by Legal Services of New Jersey, Inc., attorneys; Ms. Jurow and Rebecca Schore and the case was decided January 28th 2011. The case in New …
ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION BORROWER APPEARED PRO SE GAME OVER: EVIDENCE REQUIRED, NOT PRESUMPTIONS EVEN IF HOLDER, THEY ARE NOT HOLDER IN DUE COURSE; DEFENSES APPLY SEE 01.28.2011 NJ CT OF APPEALS REVERSE NO STANDING -WELLS-FARGO-BANK-N-A-As-Trustee-Respondent-V-SANDRA-a-FORD-Appellant[1] NOTABLE QUOTES: This appeal presents significant issues regarding the evidence required (E.S.) …
SERVICES YOU NEED From testimony in a Chase case, same as dozens of others I have seen —- Q. So if you didn’t review any books, records, and documents or computerized records, how is it that you had personal knowledge of all the matters contained therein? A. Well, I have personal knowledge that my staff …
GMAC HALTS FORECLOSURES ADMITTING FALSE AFFIDAVITS Read More »
The bottom line is that none of these signors of affidavits have ANY personal knowledge regarding any document, event, or transaction relating to any of the loans they are “processing.” It’s all a lie. In a 35 hour workweek, 18,000 affidavits per month computes as 74.23 affidavits per JPM signor per hour and 1.23 per …
JP Morgan: 8 people, 18,000 signed affidavits per month Read More »
the bailout and insurance money was paid not to the investors or the borrowers, it was paid to the investment bankers who never were at risk. I’m beginning to think that the ultra-sophisticated investors have some dog in this race that prevents them from entering the foreclosure market directly to recover or settle their investments …
In practice, this surfaces as a demand letter, affidavit or assignment or other document used by the pretender lender to establish its case. The path to defeat of the homeowner is paved when they fail to object to the introduction of these documents as anything other than an allegation that raises a question of fact. …
Also submitted by: mortgagefrauds@aol.com Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in …
Foreclosure Defense: New York Judge Gets It HSBC v Valentin N.Y. Sup., 2008 Read More »
Here is an example of a defective affidavit: defective-affidavit-of-indebtedness Here is the analysis of how to respond: In general the affidavit is insufficient because it does not satisfy the basic requirements of personal knowledge. 1. “Affiant is an employee:” Affiant should be an officer or otherwise identified as having a specific scope of employment that …
Response to Defective Affidavit: Motion to Strike Read More »
