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Servicer advances

How "servicer advances" advance the false premise of securitization of loans.

4 Comments / foreclosure / By

Since the times of ancient Greece and even before that, it has been a commonly used statement that before discussion of an issue each party should precisely define their terms. The obvious conclusion has been that without agreed definitions, it is highly probable that each side is talking about something different and making no point …

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WHAT IS A SERVICER ADVANCE? According to Ocwen it has zero credit risk and is not really an advance

2 Comments / Corruption, Fabrication of documents, Judicial notice, Presumptions, prima facie case, SEC, securities fraud, Servicer, sham transactions, TRIAL OBJECTIONS / By

One place where securitization players and foreclosure players don’t lie is in reports that are formally filed with the SEC. So in my research, I found a document in which Ocwen describes itself and which is subject to judicial notice because it is a government document downloaded from the Sec.gov website. The filing of 8k …

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PTSD: A Breakdown of Securitization in the Real World

11 Comments / burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, evidence, expert witness, Fabrication of documents, foreclosure, foreclosure defenses, forensic investigation, forgery, investment banking, Investor, legal standing, MBS Trustee, Mortgage, Pleading, prima facie case, Servicer, TRIAL OBJECTIONS, Trust Beneficiaries / By

By using the methods of magicians who distract the viewer from what is really happening the banks have managed to hoodwink even the victims and their lawyers into thinking that collection and foreclosure on “securitized” loans are real and proper. Nobody actually stops to ask whether the named claimant is actually going to receive the …

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BLOOMBERG: Mortgage Crisis Still Unresolved, New Crisis Looming

12 Comments / Fabrication of documents, foreclosure, forgery, investment banking, legal standing, Pleading, securities fraud, sham transactions, standing / By

No two financial crises are ever quite the same. The next one won’t be like the last. But history teaches lessons, and there’s no excuse for ignoring them. Regulators have done a lot to reform the financial system since the 2008 crisis, but they still haven’t fixed the market where the trouble started: U.S. mortgages. …

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Modification Abuse: Ocwen, Homeward Dishonest in Handling Modifications

16 Comments / foreclosure / By

The incentive payments from the Federal government for HAMP modifications were merely used for profit, bonuses and the like. No attention was paid to HAMP modifications except in rare instances where the banks thought it prudent to at least make it appear as though they were following HAMP guidelines when they clearly had no interest …

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Renewing the Statute of Limitations Accidentally: Modifications and Payments

11 Comments / foreclosure / By

It seems apparent to me that the banks are sidestepping the statute of limitations issue by getting homeowners to renew payments after the statute has run. Given the confusion in Florida courts it is difficult to determine with certainty how the statute will be applied. But the execution of a modification agreement would, in my …

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"Get three months behind and you'll get a modification": The Big Lie That Servicers and Banks are Still Using

33 Comments / foreclosure / By

The bottom line is that millions of people have been told that line and most of them stopped paying for three months because of it. It was perfectly reasonable for them to believe that they had just been told by the creditor that they must stop paying if they want relief. Judges have heard this …

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Menendez and Booker Take on Zombie Foreclosures

11 Comments / foreclosure / By

For more information please call 954-495-9867 or 520-405-1688 This is for general information only. Get a lawyer. ====================== see http://dsnews.com/news/10-30-2015/senators-call-federal-regulators-to-action-on-zombie-foreclosures It seems ridiculous. Why would a lender reject a workout, reject modification, reject a short sale and insist on a foreclosure — and then walk away from the property? Why has this not been a …

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Focus for Political Candidates: SHOW ME YOUR KNOWLEDGE About the Mortgage Crisis and the Economic collapse!

19 Comments / foreclosure / By

see West Coast Workshop Northern California ============================== For more information please call 954-495-9867 or 520-405-1688. ============================== I’ve been receiving emails from many candidates for public office, including one recent email calling for the break-up of the big banks — a theme picked up from Elizabeth Warren. They are right. But Bernie isn’t telling the people …

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Mystery Solved! It's the Servicers Who want the Foreclosure NOT the Certificate Holders or the "Trust"

72 Comments / foreclosure / By

See http://www.nationalmortgagenews.com/news/servicing/mortgage-servicers-resume-securitizing-repayment-rights-1060096-1.html So here is absolute proof that the real party in interest in the foreclosures are the unsecured servicers and also proof that the “default” never occurred. Notice how Freddie Mac figures in. Despite all denials and lies in court it is obvious that the servicers are, through one means or another, advancing payments …

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Compelling Discovery and Explaining Why You want Answers

117 Comments / foreclosure / By

Livinglies Team Services: see GTC HONORS Services, Books and Products =========================== For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688 This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located. =========================== I have …

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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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Business Records Exception — The Loophole That Needs Closing

7 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 ———————————————- see AppellateOpinion Holt v Calchas 4th DCA decision The clear assumption in this case is that Wells Fargo had stepped into the shoes of the lender and that if Wells Fargo did not win or if its surrogate did not win, it was assumed that the …

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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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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 …

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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 …

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Use of Factual Findings of Servicer Advances

88 Comments / CASES, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, originator, Pleading, securities fraud, Servicer, Title, Trust Beneficiaries, trustee / By

It is important that the content of the report dealing withservicer advances be argued strenuously.Servicer advances have been received by the creditor, thus reducing the amount the creditor is expecting to be paid. Hence there should be reduction in the amount that is due from the borrower — to the extent thatactual payments have been …

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Servicer Advances: More Smoke and Mirrors

86 Comments / AMGAR, Corruption, escrow agent, evidence, expert witness, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Servicer, Trust Beneficiaries, trustee / By

Several people are issuing statements about servicer advances, now that they are known. They fall into the category of payments made to the creditor-investors, which means that the creditor on the original loan, or its successor is getting paid regardless of whether the borrower has paid or not. The Steinberger decision in Arizona and other …

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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 …

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MGIC Paid Off 2,400 Loans last month! Why Does the Borrower Still Need to Pay the Same Creditor?

133 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, Neil Garfield Show, originator, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries / By

Among the many insurance companies that paid off loans or assets based on loans, MGIC. Off 2400 loans a month of January alone, which appears to be virtually all residential mortgages. Press the reason that nobody is paying any attention to this is that normally the insurer acquires the claim through a legal process called …

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