REMIC

Banks Won't Take the Money: Insist on Foreclosure Even When Payment in Full is Tendered

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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Glaski Decision in California Appellate Court Turns the Corner on "Getting It"

8/8/13 NOTE: This decision was approved for publication and therefore applies to all cases within the district of the appellate court. On the other hand we should not assume that they have arrived nor that this decision will have pervasive effects throughout California or elsewhere in the United States or other countries. J.P. Morgan did …

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How Do I Use an Expert Declaration?

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 …

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BANKS EDGE CLOSER TO THE ABYSS: Florida Judge Forces Permanent Modification

GGKW (GARFIELD, GWALTNEY, KELLEY AND WHITE) provides Legal Services across the State of Florida. We also provide litigation support to attorneys in all 50 states. We concentrate our practice on mortgage related issues, litigation and modification (or settlement). We are available to represent homeowners, business owners, and homeowner associations seeking to preserve their interest in …

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Trustees on REMICs Face a World of Hurt

DID YOU EVER WONDER WHY TRUSTEES INSTRUCTED THE INVESTMENT BANKS TO NOT USE THEIR NAME IN FORECLOSURES? Editor’s Comment: Finally the questions are spreading over the entire map of the false securitization of loans and the diversion of money, securities and property from investors and homeowners. Read the article below, and see if you smell …

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WHY JOIN ORIGINATOR AND THE PARTY WHO PARTICIPATED IN THE ILLEGAL TABLE FUNDED LOAN

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 …

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

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 …

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

OCC: 13 Questions to Answer Before Foreclosure and Eviction

13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure 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 …

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Insurance, Credit Default Swaps, Guarantees: Third Party Payments Mitigate Damages to "Lender"

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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SMOKE AND MIRRORS: HOW TO FOCUS ON MORTGAGE AND FORECLOSURE DEFECTS

It is obvious that I feel it is important to understand securitization and more particularly, how it was faked in the mortgage meltdown and used to cover-up a Ponzi scheme. That is why I publish this blog and that is why I have written books and manuals and of course that is why I issue …

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Rating Agencies Finally Drawing Fire They Richly Deserve — But Will They be Prosecuted?

“The Justice Department claims that the faulty projections were not simply naïveté, but rather a deliberate effort to produce inflated, fraudulent ratings. “The complaint asserts that S.& P. staff chose not to update computer programs because the changes would have led to harsher ratings, and a potential loss of business,” (e.s.) “I was there. It …

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They Just Don't Get It: Meltdown Primer

CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s …

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Zombie Title Exposes The Real Deal in Foreclosures

CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for enforcement of association liens or wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be …

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Who's on First?

CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s …

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Deutsch and Goldman Lose Bid to Dismiss FHFA Lawsuit for Fraud

What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). CHECK OUT OUR NOVEMBER SPECIAL Administrative …

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Incredible "Hustle": JPM Moves Exec Who Defrauded Fannie and Freddie to Defrauding Borrowers Again

What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). “Victims can receive up to $125,000 …

Incredible "Hustle": JPM Moves Exec Who Defrauded Fannie and Freddie to Defrauding Borrowers Again Read More »

Where is the Loan Receivable? Invitation to Investors Who Bought Mortgage Bonds

INVESTORS READ CAREFULLY IF YOU BOUGHT MORTGAGE BONDS DURING THE MELTDOWN As for the Borrower, we have the obligation, then the note supposedly evidence of the obligation, and then the mortgage which pledges the home as collateral for faithful performance as per the terms of the note. As for the investor/lenders we also have a …

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Appraisal Fraud and Facts: Essential to Securitization Scam

The REMICS are mirror images of the NINJA loans — no income, no assets, no job the borrower did not realize that the false appraisal and other deficiencies in underwriting had shifted the risk of loss to the homeowner and the investors Editor’s Notes: Our economy and the economic structure in other countries is stuck …

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Commercial Property Securitized? Problems Look Like Same Games as Residential

In the last 3 months I have been assisting in the defense of some commercial property cases — strip malls, small hotels, warehouses, etc. And while the consensus has been that securitization of commercial mortgage backed securities has been relatively straightforward, it appears that at the very least there are exceptions to that rule and …

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REMIC Status Under Fire: HUGE LOSSES FROM TAX LIABILITIES

“If, however, the transaction does not coincide with the parties’ bona fide intentions, courts will ignore the stated intentions.19  The analysis of ownership cannot merely look to the agreements the parties entered into because the label parties give to a transaction does determine its character.20  Consequently, the analysis must examine the underlying economics and the …

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Deny and Discover Strategy Working

For representation in South Florida, where I am both licensed and familiar with the courts and Judges, call 520-405-1688. If you live in another state we provide direct support to attorneys. call the same number. Having watched botched cases work their way to losing conclusions and knowing there is a better way, I have been …

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