There is a difference between the note contract and the mortgage contract. They each have different terms. And there is a difference between those two contracts and the “loan contract,” which is made up of the note, mortgage and required disclosures.Yet both lawyers and judges overlook those differences and come up with bad decisions or …
The difference between paper instruments and real money Read More »
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 …
Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays GUEST TONIGHT: KENNETH HANKS, ESQ. TITLE EXPERT One might ask why a lender would delay the prosecution of their claim. The answer is that they wouldn’t delay if they thought they had a solid claim. I know. …
New Jersey Clears Docket: Dismisses 80,000+ cases Read More »
Amongst the cases I review and manage, the question was raised by one of the homeowners as to why I insisted on holding both the originator and subsequent intermediaries in the alleged securitization chain and/or table-funded loan where both the party alleging having (1) the capacity to sue see SEC Corroborates Livinglies Position on Third …
WHY JOIN ORIGINATOR AND THE PARTY WHO PARTICIPATED IN THE ILLEGAL TABLE FUNDED LOAN Read More »
WELLS FARGO MAKES HUGE ERROR ADMITTING LACK OF POWER TO BIND CREDITOR TO MODIFICATIONS OR SETTLEMENTS The simple truth is that the banks are not nearly as interested in the property as they are in the foreclosure. It is the foreclosure sale that creates the illusion of a stamp of approval from the state government …
If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 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 answer the phone are NOT attorneys and NOT permitted to …
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Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …
Arizona Supreme Court Hogan Case Holds that Note is Not required to Start Foreclosure Read More »
Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …
Pandemic Lying Admission: Deutsch Bank Up and Down the Fake Securitization Chain Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: The article below was written by David Malone of the Golem XIV: Author of the Debt Generation, website, and was submitted to this blog by ELLEN BROWN Ellen is an attorney and the author of eleven books, including Web …
Securitization – The Undead Heart of The Shadow Banking Machine Read More »
Broken Promises: Promissory Note Fraud A promissory note is a form of debt – similar to a loan or an IOU – that a company may issue to raise money. Typically, an investor agrees to loan money to the company for a set period of time. In exchange, the company promises to pay the investor …
GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY because a foreclosure under a power of sale is not favored in the law and must be “watched with jealousy,” see In re Foreclosure of Goforth Props., 334 N.C. at 375, 432 S.E.2d at 859 (internal quotation marks omitted), we must conclude that the evidence presented …
Conservative NC Court of App: Power of Sale is Not Favored Under the Law Read More »
USE THIS AS A GUIDE FOR DISCOVERY, FORENSIC ANALYSIS AND MOTION PRACTICE TO COMPEL DISCLOSURE see for this example SHARPS%20CDO%20II_16.08.07_9347 Comments in Red: THIS IS A PARTIAL ANNOTATION OF THE PROSPECTUS. IF YOU WANT A FULL ANNOTATION OF THIS PROSPECTUS OR ANY OTHER YOU NEED AN EXPERT IN SECURITIZATION TO DO IT. THERE ARE THREE …
Discovery, Forensic Analysis and Motion Practice: The Prospectus Read More »
From Sal Danna Kerivan v. Title Ins. & Trust Co., 147 Cal. App. 3d 225 – Cal: Court of Appeals, 2nd Dist., Div. 4 1983 How this document has been cited —stating that a trustee ” `is the agent of all the parties to the escrow… and bears a fiduciary relationship to each of them.’”- …
The Trustee Has a Duty to Cancel the Underlying Note After Sale!! Read More »
