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Update on MERS

Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world. The answer is …

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SCOTUS Revives Qui Tam Actions

Until this decision I had assumed that Qui Tam actions were essentially dead in relation to the mortgage meltdown. Now I don’t think so. The question presented is whether actions brought by a private person acting as a relator on behalf of a government entity can bring claims for damages under the False Claims Act. …

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Looming Title Problems from Fabricated, Fraudulent Forged Documents

The one thing that is perfectly clear is that at some point the state legislatures who govern title to property already have a huge problem brewing under their feet. There is no doubt in my mind, that the solution will follow the example of the Murphy Act in Florida when title became unintelligible some 80 …

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Renters and Owners: Beware of Craig's List

The marketplace is filled with “listings” on Craig’s List for rental of properties at prices that are too good to be true. The scammers are posing as local property owners who actually are out of town. They change the locks, enter the house, and prepare it for sale or rent. The owner comes back and …

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Short Sales Rising Sharply

Whether it is just battle fatigue or simply good business sense, homeowners are looking at short sales, getting cash for keys and trying to get relocation fees to move. The banks are loosening up their standards for short-sales because failure to do so clearly reveals their malevolent intent to steal homes that they could not …

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Wrong Bailout

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 Editor’s …

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Recording and Auctions: AZ Maricopa County Recorder Meets with Homeowners

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Phoenix, May 23, 2012: Last night we had the pleasure of meeting with Helen Purcell, Maricopa County Recorder, after having met with Tom Horne, …

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DON'T Leave Your Money on the Table

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: The number of people passing up the administrative review process is appallingly low, considering the fact that many if not most homeowners …

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HOAs Retaliate Against Banks Skipping Out on Paying Maintenance Expenses

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment:  Having had the experience of representing Condominium Associations, Cooperatives and Homeowners Associations in Florida on a large scale, I am acutely aware of the pain they feel when “neighbors” don’t pay their monthly fees. The rest of the …

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Banks Getting Nervous as Legal Prospects Dim

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 Just How Relevant is the Multi-State Settlement? Editor’s Comment: There are jokes going around about how you can’t fix stupid. We should add that you can’t fix title either unless you throw out hundreds of years of law and  market expectations. …

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Missouri Indictment Gives Notice of Title Defects to All Buyers

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 See Full Indictment: Microsoft-Word-DOCXIndictment.docx_ “Defendant, acting knowingly in concert with its employees, with the purpose to defraud, used as genuine or transferred with the knowledge or belief that it would be used as genuine, a writing, namely Deed of Release number …

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URBAN INSTITUTE: DECADES OF FORECLOSURES TO COME

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: For those seeking to buy a home to live in, and for those seeing to buy a “bargain” for investment BEWARE! The pressure on this housing market will not stop until the foreclosures are stopped and the real process of modification …

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WATCH OUT! BEFORE YOU BUY THAT NEXT PROPERTY — TITLE ISSUES

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE GRAVE PITFALLS IN BUYING A HOME TODAY If you are paying cash, that is no protection against later claims of owners who never legally lost title or gave title notwithstanding what is recorded in the title registry. Those documents if false would return …

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Florida Duval County Clerk, Delaware AG Sue MERS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE ““The MERS System is not a legal system of record or a replacement for public land records. No interests are transferred on the system—they are only tracked,” Smith, Merscorp vice president of corporate communications, wrote in a response to emailed questions. “MERS does …

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MASS SUPREME COURT CLARIFIES: YOU CAN'T SELL WHAT YOU DON'T OWN — MISSING HOMEOWNER WINS CASE WITHOUT KNOWING IT

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WRONGFUL FORECLOSURE IS NOT THE FOUNDATION FOR TITLE PROSPECTS FOR TITLE PROBLEMS ACROSS THE NATION ARE MUSHROOMING EDITOR’S NOTE: Likening the claims of the bank and the person who received a “quitclaim” deed to a Brooklyn Bridge transaction, the Court simply stated the …

MASS SUPREME COURT CLARIFIES: YOU CAN'T SELL WHAT YOU DON'T OWN — MISSING HOMEOWNER WINS CASE WITHOUT KNOWING IT Read More »

Malpractice Lawyers Take Aim at Their Colleagues on Foreclosure and Title Issues

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Lately I have been receiving calls and emails from people investigating the possibility of suing a lawyer who was involved in either their foreclosure defense, bankruptcy, or even the closing on a resale, short-sale or modification. Some big names are looking at this …

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TITLE ISSUES ERUPT BETWEEN THE GIANTS OF THE INDUSTRY

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: As we turn the corner and enter a new inning in the “game” of securitization, the real issues are starting to erupt as the players get nasty with each other and not just with homeowners. As pointed out to me recently …

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LAWYERS TAKE NOTE! COURTS ARE ALLOWING TITLE QUESTIONS IN EVICTIONS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The mere fact that the pretenders are avoiding trials at all costs is proof unto itself that they do not have the goods, they do not have title, they are not the creditor and they are merely sneaking into the system to fill …

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IMPERFECT LIENS TRANSFERRED BY IMPERFECT MEANS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FANNIE MAE: Servicers Required to Report Title Defects and “Repurchase” EDITOR’S NOTE: STEP BY STEP, the noose tightens.  Fannie Mae bought nothing and they know it. And they bought it from someone who had bought nothing and knew it. Nobody cared while the …

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JUDGE MARGERET MANN (SO. CA BKR) PLUNGES INTO DETAILS AND COMES UP WITH WELL-REASONED DECISION

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE 42-in_RE_Cruz_vs_Aurora AURORA LOAN SERVICES LLC, SCME MORTGAGE BANKERS INC, ING BANK FSB, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS ALL BITE THE DUST, SUBJECT TO LIABILITY AND NO ABILITY TO FORECLOSE WITHOUT COMPLYING WITH LAW. Salient points of Judge Mann’s Decision: TRUTH IN LENDING  was …

JUDGE MARGERET MANN (SO. CA BKR) PLUNGES INTO DETAILS AND COMES UP WITH WELL-REASONED DECISION Read More »

START WITH THE WRONG ASSUMPTION — END UP WITH THE WRONG RESULT

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S ANALYSIS: I keep encountering the same myth, which is being overlooked by people on all sides; virtually none of the mortgages were ever sold to Fannie or Freddie. It doesn’t matter if they have it on their website as being owned by …

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NEW FORECLOSURE PROBLEM- DEFECTIVE TITLE — AFFECTS EVEN NON-FORECLOSED PROPERTY

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE OLD REPUBLIC WILL NOT ISSUE TITLE POLICIES EDITOR’S NOTE: The issue is not just with foreclosures. It is any property which was subject to a closing in which the loan was claimed as securitized. 95% of the transactions did not go into foreclosure. …

NEW FORECLOSURE PROBLEM- DEFECTIVE TITLE — AFFECTS EVEN NON-FORECLOSED PROPERTY Read More »

COMBO: CONFUSING FACTS MUST LEAD TO REPORTS WITH CONFLICTING FACTS AND ANALYSIS

COMBO TITLE AND SECURITIZATION SEARCH, REPORT, ANALYSIS ON LUMINAQ The Combo Title and Securitization Search, Report and Analysis, is meant to catalog the confusion created by Wall Street  — the manner in which they intentionally obfuscated the facts and how they are continuing a shell game. Since many people have asked if we can make …

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TITLE COMPANIES AND AGENTS BRACE FOR WORST YEAR OF THEIR EXISTENCE

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary We all know the expression about the light at the end of the tunnel being an oncoming train. Title agents and title carriers are in the middle of a tunnel intersecting with other tunnels each with a light of an oncoming train. In a word, …

TITLE COMPANIES AND AGENTS BRACE FOR WORST YEAR OF THEIR EXISTENCE Read More »

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