866-216-4126

Pooling and Servicing Agreement

Concealed Side Agreements Should be the Target of Discovery Demands by Homeowners

1 Comment / foreclosure / By

Would you entrust all your money to some thinly capitalized company who wanted total control over all your assets? No you wouldn’t and neither does any bank in an industry that virtually define security and control. So when I received a recent email regarding a “Power of Attorney” (POA) purportedly executed by Argent/Ameriquest to another …

Concealed Side Agreements Should be the Target of Discovery Demands by Homeowners Read More »

Can you really call it a loan when the money came from a thief?

91 Comments / foreclosure / By

The banks were not taking risks. They were making risks and profiting from them. Or another way of looking at it is that with their superior knowledge they were neither taking nor making risks; instead they were creating the illusion of risk when the outcome was virtually certain. Securitization as practiced by Wall Street and …

Can you really call it a loan when the money came from a thief? Read More »

Post Mortum on 2010 "Bad" Decision in Florida

27 Comments / foreclosure / By

For further information or assistance please call 954-495-9867 or 520 405-1688 ————————————- See CitiBank v Delassio 756 F Supp 2d 1361 2010 This case is often cited by servicers and banks to enforce a note and/or mortgage. Lots of people regarded this decision as “bad” because it approved the foreclosure. The natural impulse is to …

Post Mortum on 2010 "Bad" Decision in Florida Read More »

Securitization for Lawyers: How it was Written by Wall Street Banks

6 Comments / AMGAR, bubble, CDO, Corruption, discovery, escrow agent, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Neil Garfield Show, originator, Pleading, securities fraud, Servicer, taxes, Title, Trust Beneficiaries, trustee / By

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the …

Securitization for Lawyers: How it was Written by Wall Street Banks Read More »

Relevance: THE FORECLOSER HAS NO RIGHT TO BE IN COURT WITHOUT THE SECURITIZATION DOCUMENTS AND RECORDS

76 Comments / AMGAR, Corruption, discovery, escrow agent, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, originator, Pleading, securities fraud, Servicer, Title, Trust Beneficiaries, trustee / By

 Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources …

Relevance: THE FORECLOSER HAS NO RIGHT TO BE IN COURT WITHOUT THE SECURITIZATION DOCUMENTS AND RECORDS Read More »

Why Is the PSA Relevant?

57 Comments / AMGAR, CDO, Corruption, escrow agent, evidence, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, originator, Pleading, Servicer, Title, Trust Beneficiaries, trustee / By

Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant:  The party claiming to be a trustee …

Why Is the PSA Relevant? Read More »

Who is the "lender" or "creditor"?

97 Comments / Corruption, discovery, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Mortgage, Motions, Pleading, Servicer, Trust Beneficiaries / By

Click to tune TONITE in on The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays LET’S PROCEED STEP BY STEP. – Based upon actual documentation filed with the SEC 1. let’s assume that the mortgage is defective because it was not perfected. The note described a party who was not the creditor …

Who is the "lender" or "creditor"? Read More »

Is Donald Duck Your Lender?

60 Comments / AMGAR, CASES, Corruption, escrow agent, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, Pleading, securities fraud, Servicer, Trust Beneficiaries, trustee / By

  I was asked a question a few days ago that runs to the heart of the problem for the banks in enforcing false claims for foreclosure and false claims of losses that should really allocated to the investors so that the investor would get the benefits of those loss mitigation payments. This is the …

Is Donald Duck Your Lender? Read More »

Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances

124 Comments / CASES, CDO, Corruption, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to …

Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances Read More »

The Mystery of Servicer Non Stop Advances

52 Comments / AMGAR, CDO, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them …

The Mystery of Servicer Non Stop Advances Read More »

Banks Traded on Inside Information on Mortgages

103 Comments / CDO, Corruption, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, Investor, Mortgage, securities fraud / By

Despite the pronouncements by Eric Holder, the chief law enforcement officer of the United States, and the obvious reticence of the Securities and Exchange Commission, the vast majority of securities attorneys believe that the banks were (a) trading on inside information and (b) committing securities fraud when they funded and then traded on mortgages that …

Banks Traded on Inside Information on Mortgages Read More »

12 QUESTIONS THAT COULD END THE CASE

136 Comments / CDO, Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage / By

http://dtc-systems.net/2013/05/top-democrats-introduce-legislation-protect-military-families-foreclosure/ CALL OR WRITE TO FLORIDA GOVERNOR — THE CLOCK IS TICKING Veto Clock Ticking on Florida Foreclosure Bill HB 87 http://4closurefraud.org/2013/05/30/veto-clock-ticking-on-florida-foreclosure-bill-hb-87/ DISCOVERY TIP: Has anyone asked for a received the actual agreement between the party designated as “lender” and MERS? Please send to neilfgarfield@hotmail.com. Questions for interrogatory and request to produce, possible request for …

12 QUESTIONS THAT COULD END THE CASE Read More »

"Conversion" of the Note to a Bond Leaves Confusion in the Courts

39 Comments / CDO, Corruption, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer …

"Conversion" of the Note to a Bond Leaves Confusion in the Courts Read More »

The Documents Fannie and Freddie Never Received

27 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

The Documents Fannie and Freddie Never Received Read More »

Bankers Using Foreclosure Judges to Force Investors into Bad Deals

27 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

Bankers Using Foreclosure Judges to Force Investors into Bad Deals Read More »

Alabama Appeals Court Slams U.S. Bank Down on "Magic" Fabricated Allonge

30 Comments / foreclosure / By

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 NY …

Alabama Appeals Court Slams U.S. Bank Down on "Magic" Fabricated Allonge Read More »

Why The PSA is Never Included as an Exhibit to a "Colorable" Claim to Foreclose

69 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 Editor’s Note: I would add that if the PSA was required to be placed in evidence and to be attached as an exhibit to the would-be forecloser’s pleadings, it would put facts in issue that the forecloser would never be able …

Why The PSA is Never Included as an Exhibit to a "Colorable" Claim to Foreclose Read More »

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

31 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

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 …

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

LAWYER ADMITS SIGNING DOCUMENTS AS OFFICER OF HIS CLIENT

17 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S COMMENT: I’d like to see the expression of someone who sits on a Bar grievance committee that meets out discipline to lawyers, when they read this. In any situation, until the mortgage meltdown, if a lawyer signed documents and then presented them as his client’s “evidence” he would …

LAWYER ADMITS SIGNING DOCUMENTS AS OFFICER OF HIS CLIENT Read More »

Max Gardner’s Top Reasons for Wanting a Pooling Servicing Agreement

22 Comments / bubble, CDO, Corruption, Eviction, evidence, expert witness, foreclosure, foreclosure mill, GTC | Honor, HERS, investment banking, Modification, Mortgage, Pleading, securities fraud, Servicer, Statutes, trustee / By

EDITOR’S NOTE: Lest people think I invented this whole field of law just because I’m loudest about it, here is a post from Max Gardner, who only a few days after I started this blog had already figured out everything I had figured out and was already doing something about it. Max Gardner’s Top Reasons …

Max Gardner’s Top Reasons for Wanting a Pooling Servicing Agreement Read More »

Deutsch Bank: Peeling back the layers

36 Comments / CASES, CDO, Corruption, Eviction, evidence, expert witness, foreclosure, foreclosure mill, GTC | Honor, HERS, investment banking, Investor, Modification, Mortgage, securities fraud, trustee / By

submitted by Raja 2010/06/15 at 7:30 am Investor /Trustee on MERS Record Please use this small sentence for these thieves who have multi roles, “”You cannot be a Trustee or investor or own the note, lest it become a partnership with the certificate holders” FOR ALL THOSE WHO HAVE DEUTSCHE BANK. a). Investor and Trustee …

Deutsch Bank: Peeling back the layers Read More »

ACCEPTANCE OF THE ASSIGNMENT AND STATUS OF THE ASSIGNMENT

69 Comments / bubble, CASES, CDO, Corruption, Eviction, expert witness, Fannie MAe, foreclosure, foreclosure mill, Forensic Analysis Workshop, GTC | Honor, HERS, Investor, Modification, Mortgage, Motion Practice and Discovery, securities fraud, Securitization Survey, Servicer, Statutes, trustee, workshop / By

OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of …

ACCEPTANCE OF THE ASSIGNMENT AND STATUS OF THE ASSIGNMENT Read More »

DISCOVERY AND PRACTICE TIPS: SEC RULE DISCLOSURE DOCUMENTS Carrington Mortgage – Stanwich – EMC Mortgage Corporation – New Century Mortgage Corporation (“NCMC”

4 Comments / foreclosure / By

FROM drhDe.u5a.htm This is both a HERS post and a general post for those seeking discovery of documentation. You can Google this information also. This is also what I am asking all of you to send in to me for posting. I’m backdating the HERS posts like this generally to February and March so as not …

DISCOVERY AND PRACTICE TIPS: SEC RULE DISCLOSURE DOCUMENTS Carrington Mortgage – Stanwich – EMC Mortgage Corporation – New Century Mortgage Corporation (“NCMC” Read More »

Goldman Sachs – Wells Fargo SEC Filings –DISCOVERY REQUESTS

20 Comments / bubble, CDO, Corruption, expert witness, foreclosure, GTC | Honor, HERS, Investor, Mortgage, securities fraud / By

GSAMP 8K INCLUDES SEVERAL SCHEDS AND SWAP INFO FORM 10-D ASSET-BACKED ISSUER GSAMP DISTRIBUTION REPORT for January 29 2008 FORM 10-D ASSET-BACKED ISSUER DISTRIBUTION REPORT for January 29 2008 SEC INDEX OF FILING GSAMP Wells Fargo-Thornburg reconstituted Pooling and Service Agreement Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes …

Goldman Sachs – Wells Fargo SEC Filings –DISCOVERY REQUESTS Read More »

Scroll to Top