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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 …

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How to Beat the Shell Game

4 Comments / burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, discovery, evidence, Fabrication of documents, foreclosure, investment banking, Investor, Modification, Mortgage, Motions, Servicer, TRIAL OBJECTIONS, Trust Beneficiaries, trustee / By

The bottom line is that the foreclosures are a sham. The proceeds of the foreclosure never go into a REMIC Trust because there is neither a REMIC election nor a Trust, much less any entity that outright owns the debt, note or mortgage. In order to win, you must know that the securitization players use …

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Terms of Art: Assignment or Endorsement?

23 Comments / foreclosure / By

Lawyers, judges and homeowners are using different terms interchangeably thus muddying up the argument or ruling. An assignment refers to a mortgage whereas an   endorsement (“indorsement” in legalese) refers to a note. The rules regarding enforcement of a mortgage are different than the enforcement of a note. Let us help you plan your foreclosure defense …

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Wells Fargo, Ocwen and Fake REMIC Trust Crash on Standing

4 Comments / boarding process, burden of persuasion, BURDEN OF PROOF, CASES, Corruption, discovery, evidence, foreclosure, hearsay, Investor, legal standing, MBS Trustee, Mortgage, Servicer, Trail Objections, Trust Beneficiaries / By

What is surprising about this case is that there was any appeal. The trial court had no choice but to dismiss the foreclosure claim. A copy of the note without an indorsement was attached to the complaint. This leads to the presumption that the indorsement was attached after the complaint was filed. Standing must be …

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STANDING: Fla. 4th DCA Rules PSA Hearsay and Therefore Not Admissible — Case Dismissed

6 Comments / foreclosure / By

The Pooling and Servicing Agreement MIGHT be self-authenticating under F.S. 90.902 but still inadmissible as hearsay. Thus the PSA is NOT a substitute for evidence of an actual transfer of the loan to a purported REMIC trust. PLUS: PRESUMPTION OF STANDING DOES NOT APPLY IF THE NOTE AT TRIAL IS DIFFERENT FROM THE NOTE ATTACHED …

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NM and Fla Judges Express Doubt Over Whether Loans Ever Made it Into trust

4 Comments / foreclosure / By

Judges are thinking the unthinkable — that none of the trusts ever acquired anything and that the foreclosures were and are a sham. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- It isn’t “theory. It is facts, or rather the absence of …

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The Mortgage Loan Schedule: Ascension of a False Self-Serving Document

8 Comments / foreclosure / By

At no time were the Trusts anything but figments of the imagination of investment banks. As an exhibit to the alleged Pooling and Servicing Agreement, the Mortgage Loan Schedule” appears to have legitimacy. Peel off one layer and it is an obvious fraud upon the court. The only reason the banks don’t allege holder in …

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Writ of Certiorari to SCOTUS: Transfers to Trusts Are Void, not Voidable

136 Comments / foreclosure / By

In observance of the Jewish holiday of Yom Kippur, my office will be closed Wednesday, September 23. The following article was scheduled in advance: ======================================= See Anh N. Tran, et al. v. Bank of New York SCOTUS Certiorari_SRCH READ THE ENTIRE BRIEF SLOWLY AND STUDY IT. I think we have another case here where the …

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Is the PSA Relevant If It Shows the Assignment is Void?

122 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 ======================= see Yvanova2014-Opening brief The short answer is YES. If a party initiates foreclosure proceedings based upon ownership of the loan, note and mortgage by a REMIC Trust, that ownership is based upon the express provisions of a trust instrument. And that trust instrument is the Pooling …

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Hypocrisy of Bank Arguments — Borrowers Bound by PSA But Can't Challenge it

18 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 ==================== Suburb Brief Filed in California — Arguments to be used in any state see Replybriefasfiled3-19-2015 Lawyers are getting better and better at confronting the specious arguments of the banks. The time is nearing when we realize as a nation that the foreclosure crisis was a sham …

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Ocwen: Investors and Borrowers Move toward Unity of Purpose!

37 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 Please consult an attorney who is licensed in your jurisdiction before acting upon anything you read on this blog. ================================== Anyone following this blog knows that I have been saying that unity of investors and borrowers is the ultimate solution to the falsely dubbed “Foreclosure crisis” (a …

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Modification Minefields as Foreclosures Resume Upward Volume

49 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 Listen to Neil Garfield Show on Thursday February 26, 2015 at 6pm EDT., and each Thursday =============================== see http://www.njspotlight.com/stories/15/02/02/new-foreclosure-procedures-put-to-test-as-number-of-cases-climbs-in-nj/ New Jersey now has an upsurge of Foreclosure activity. It is on track to become first in the nation in the number of foreclosures. What is clear is …

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Bondholders Clash With Ocwen Over Bad Servicing

40 Comments / foreclosure / By

For Further information please call 954-495-9867 or 520-405-1688 ========================== see http://dealbook.nytimes.com/2015/01/26/ocwen-and-bondholders-clash-over-mortgage-services/?_r=0 And if you are in the mood to drill into Ocwen’s Business, see http://www.sec.gov/Archives/edgar/data/1513161/000119312513024292/d474092dex991.htm Every once in a while you get a peek at what is really happening behind the scenes. The view from here is startling sometimes even to me. Here we have …

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The Truth is Coming Out: More Questions About Loan Origination, Debt, Note, Mortgage and Foreclosure

33 Comments / foreclosure / By

For further assistance please call 954-495-9867 or 520-405-1688 ———————————— Carol Molloy, Esq., one of our preferred attorneys is now taking on new cases for litigation support only. This means that if you have an attorney in the jurisdiction in which your property is located, then Carol can serve in a support role framing pleadings, motions …

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Who Are the Creditors?

36 Comments / AMGAR, CDO, Corruption, discovery, evidence, expert witness, foreclosure defenses / By

For litigation support (to attorneys only) and expert witness consultation, referrals to attorneys please call 954-495-9867 or 520 405-1688. Since the distributions are made to the alleged trust beneficiaries by the alleged servicers, it is clear that both the conduct and the documents establish the investors as the creditors. The payments are not made into …

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The Logic of Wall Street "Securitization:" The transaction that never existed

30 Comments / AMGAR, CASES, Corruption, discovery, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motion Practice and Discovery, Motions, originator, Pleading, securities fraud, Trust Beneficiaries, trustee / By

For more information on foreclosure offense and 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 loan exists nor that …

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Why Are Trusts Alleging Holder Status and Not Holder in Due Course?

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

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that …

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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 …

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The Real Deal and How to Get There

163 Comments / CDO, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud, Servicer / By

Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert Declaration. The only reason they are separate is that too many people only wanted or could only afford one or the other — all three should be purchased. The Combo is a road map for …

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SEC Corroborates Livinglies Position on Third Party Payment While Texas BKR Judge Disallows Assignments After Cut-Off Date

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

Maybe this should have been divided into three articles: Saldivar: Texas BKR Judge finds Assignment Void not voidable. It never happened. Erobobo: NY Judge rules ownership of note is burden of the banks. Not standing but rather capacity to sue without injury. SEC Orders Credit Suisse to disgorge illegal profits back to investors. Principal balances …

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