Every time a homeowner wins in foreclosure the investors are actually protected. It’s the sale of the property and/or entry of the foreclosure judgment that cuts investors off from their investment. Weird, right? An article in the recently published Florida Bar Journal illustrates perfectly the confusion that occurs within the courts and by lawyers when …
Applying Common Sense and Law to Assignments of Mortgage Read More »
HAPPY NEW YEAR to readers who celebrate Rosh Hashanah! To all others, have a HAPPY DAY. This is a prescheduled article. ABOUT LIVINGLIES AND LENDINGLIES I have assembled a partial list of various possible claimants on the note and various possible claimants on the mortgage. Which one of these scenarios fits with your case? Once …
UCC Hierarchy of Rights to Enforce Note and Mortgage Read More »
A client of our internet services store asked a simple question. He had asked the opposing side if they were a holder in due course. What he received was evasive and misleading and essentially never answered the question. Now what? Below is my answer to his question and what we will be discussing tonight on …
TONIGHT! How to distinguish between legal presumptions of facts and the facts themselves Read More »
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 …
The UCC is not ambivalent about protecting both the maker of a negotiable instrument and the party seeking to enforce it. The maker does not assume the risk of double liability except for instances where the note is purchased for value in good faith and without knowledge of the borrower’s defenses. In all other circumstances …
Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow. And that is the point here. They came to court without evidence and in this case the court turned them away. …
Fla 2d DCA: HELOC Instrument Not Self-Authenticating Article 3 Note Read More »
Judges may be biased in favor of “national security” (i.e., protecting the banks), but they have a surprisingly low threshold of tolerance when they are confronted by the bank’s argument that they don’t have to accept the money and that it is the bank’s option as to whether to accept the money or proceed with …
The assumption that the Judge already knows the facts and the law is what drives lawyers into defeat. The Judge is not required to know anything, and is actually prohibited from taking an active role in favor of one party or the other. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. …
The resulting case law is opening up Pandora’s box as the law of these foreclosure cases spills over into hundreds of other situations. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- …
Freddie Mac Selling Toxic Loans: Do they really own those loans? Read More »
The problem with all this is that the REMIC Trust never received the proceeds of sale of the MBS and therefore could not have paid for or purchased any loans. It had no assets. And THAT is why the Trust never shows up as a Holder in Due Course (HDC). HDC is a very strong …
ABSENCE OF CREDITOR: Breaking Down the Language Of The "Trust" Read More »
Hat tip to David Belanger see utc_final_rev2010 see also utc-itc Readers and analysts should refer to this as very persuasive authority and if enacted by the State legislature, it is the law. But this is not the Uniform Commercial Code. The UCC applies in all cases where paper instruments are involved and transfers of that …
There is a trend nationwide where judges are ruling that broken chains of title are not relevant. The UCC is one of the least favored courses in law school. Judges hate it because they didn’t pay attention during class. But it’s the law. So the courts are ruling by the seat of their pants …
The Dangers of Disregarding the Uniform Commercial Code Read More »
WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Our services consist mainly of the following: 30 …
The Money Trail: Does anyone meet the definition of a creditor? Read More »
For further information please call 954-495-9867 or 520-405-1688 This is not a legal opinion on any case. Consult with an attorney. ============================= see Rodriguez v. Wells Fargo “The core element concerning to whom the note was payable on the date suit was filed was not proven.” Bottom Line: You can’t file a lawsuit without standing. …
For further information please call 954-495-9867 or 520-405-1688 The following article is for general information only. Slight changes in facts or procedures at trial can have a substantial impact on the conclusions or reports suggested in this article. This is not a legal opinion on your case. Before making any decision or taking any action, …
Our legal history has many examples of enormous errors committed by the Courts that were obvious to some but justified by many. The result is usually mayhem. The cause is a bias toward some underlying fact that was untrue at the time. Some examples include the infamous Dred Scott decision where the Supreme Court ruled …
For Further information and assistance please call 954-495-9867 and 520-405-1688. ======================= See Beach v Ocwen Fla. Supreme Court I have no doubt that the Banks will attempt to use this decision — but it still is trumped by Jesinowski and other Federal decisions on equitable tolling. Having the right to cancel/rescind is described as extinguished …
Beach v Ocwen: 1997 Decision that will be used by banks and servicers against rescission Read More »
For further information and assistance please call 954-495-9867 or 520-405-1688 ======================= See Eric Mains Federal Complaint see Mains – Table of Contents.petition 2 transfer On Monday Eric Mains resigned from his employment with the FDIC. He had just filed a lawsuit against Chase, Citi, WAMU-HE2 Trust, Cynthia Riley, LPS, WAMU, and two law firms. Since …
For further information please call 954-495-9867 or 520-405-1688 ==================== So many people sent me this short white paper that I don’t know who to thank or even who wrote it. Any help would be appreciated so I can edit this article and give attribution to the writer. The only thing that I would caution is …
Statutory Requirements for Enforcement of Note or Mortgage Read More »
For Further information please call 954-495-9867 or 520-405-1688 ================================= see Murray vs. HSBC – 4D13-4316 Having exhausted all possible explanations for the fraudulent behavior of the banks, the 4th DCA has now come to the conclusion that the reason for robo-signing, fabrication, backdating, forgery etc. is that there was no transaction underlying the paperwork that …
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 …
For further information please call 954-495-9867 or 520 405-1688 ——————————————— § 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT. “Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument …
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 …
Patrick Giunta brought this article to my attention. He practices in South Florida and I co-counsel cases with him. Although there are some errors in facts and I have some differences of opinion with the writer, I think the article is a MUST-READ for anyone effected by “securitization” — especially foreclosure defense attorneys. If nothing …
