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 […]

Tags: 14th circuit, Bank of America, Danielle Kelley, Florida, Garfield Gwaltney's Kelley and White, GGKW, modification, permanent modification, trial modification
Posted in Corruption, Eviction, securities fraud |

CHASE-WAMU MERGER CONSIDERED IN MICHIGAN COURT OF APPEALS AS NOT AN ASSIGNMENT.  BOA FORECLOSURE DISMISSED AND REMANDED FOR LACK OF STANDING. And next is an interesting favorable decision in the State of Michigan entered June 6, 2013 but not yet published. Sobh-v-Bof-A, Chase et al Bank of America was found to LACK STANDING to Foreclose. […]

Tags: Amy Ronayne Krause, assignment, capacity to sue, Chase, Chase acquisition of WAMU loans, Cynthia Diane Stephens, Kurtis T. Wilder, merger agreement, Michigan, receiver, recording the assignment, standing, trustee in bankruptcy, WAMU
Posted in Corruption, Eviction, securities fraud |

Want to know why the blog is called “Living Lies”? Then read this: see affidavit.boa3.djk see also Memorandum to Certify Class: Editor’s Note: This is where the banks are at their most vulnerable.. They have gone to great lengths to create the illusion that they were modifying loans or even willing to do so when […]

Tags: affidavit, Bank of America, Danielle Kelley, HAMP, Ponzi scheme, systematic lying
Posted in Corruption, Eviction, securities fraud |

  “servicer may be considered a party in interest to commence legal action as long as the trustee joins or ratifies its action.” ElstonLeetsdale LLC v CWCapital Asset Management LLC-1 This ought to be interesting. If Deutsch, or U.S. Bank, or Bank of New York, or any of the other “Trustees” join or ratify the […]

Tags: ElstonLeetsdale LLC v CWCapital Asset Management LLC-1, free house, joinder, Judge Shack, ratification, trustee
Posted in Corruption, Eviction, securities fraud |

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 […]

Tags: accounting rules, borrower, creditor, dismissal, dismissal with prejudice, false pretenses, financial accounting standards Board, illusion, promissory note, proof of loss, proof of payment, proof of sale, REMIC, sale of the loan, signature, table funded loan, trust, Truth in Lending Act, UNJUST ENRICHMENT
Posted in Corruption, Eviction, securities fraud |

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 […]

Tags: accounting for true balance due investors, assignments, BKR, capaicty to sue, credit default swaps, disgorgement of illegal profits, erobobo, insurance, IRC, New York LAw, PSA, REMIC, standing, Texas, VOID AB INITIO, void or voidable
Posted in Corruption, Eviction, securities fraud |

Why are our courts routinely accepting allegations and documents from foreclosing banks that they would summarily throw out if the same allegations and documents came from borrowers?  How can possession of an ALLONGE construed as ownership of the debt without any other evidence being presented? Why is the standard definition of “Allonge” ignored? IF THE […]

Tags: allonge, assignment, banking, credit bids, creditor, debt, endorsement, equal treatemnt for borrowers vs. institutions, finance, foreclosure, money, Mortgage, note
Posted in Corruption, Eviction, foreclosure mill, securities fraud |

REMEMBER TO DIAL IN ON NEW NUMBER FOR MEMBERS’ TELECONFERENCE TONIGHT: 1-626-677-3000 Editor’s Comment: Every case is different so this is not a comment on any specific case nor should you act on anything you read here without in-depth consultation with a trusted adviser. As I have stated many times in my appearances at seminars, […]

Tags: statutory restrictions, Unauthorized Practice of Law
Posted in Corruption, Eviction, securities fraud |

My consistency should be lauded instead of ignored. I represent one of the few people left who were on Wall Street in the late 1960’s and early 1970’s and who used layered bundling of derivative securities in the 1980’s to finance investments in commercial and residential real estate. Back when I started on Wall Street […]

Posted in Corruption, Eviction, securities fraud |

http://dtc-systems.net/2013/05/top-democrats-introduce-legislation-protect-military-families-foreclosure/ CALL OR WRITE TO FLORIDA GOVERNOR — THE CLOCK IS TICKING Veto Clock Ticking on Florida Foreclosure Bill HB 87 http://4closurefraud.org/2013/05/30/veto-clock-ticking-on-florida-foreclosure-bill-hb-87/ DISCOVERY TIP: Has anyone asked for a received the actual agreement between the party designated as “lender” and MERS? Please send to neilfgarfield@hotmail.com. Questions for interrogatory and request to produce, possible request for […]

Tags: 13 questions, 4th DCA Cromarty v Wells Fargo, agreement between lender and MERS, AGREEMENT BETWEEN MERS AND "LENDER", asset pool, assignment, Assignment and ASsumption Agreement, credit bid, creditor, endorsement, florida foreclosure, FLORIDA HB 87, GREEN V CHASE 4-5-2013, MERS, mortgage bonds, Pooling and Servicing Agreement, protection of military families, PURPOSE OF MERS, Real estate
Posted in Corruption, Eviction |