“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 |

OCC: 13 Questions to Answer Before Foreclosure and Eviction Posted on May 22, 2013 by Neil Garfield | Edit 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 […]

Tags: action for damages, breach of contract, equitable remedy, foreclosure, fraud, intentional interference in the contractual right of another, legal remedy, Mortgage, slander of title, UNJUST ENRICHMENT
Posted in Corruption, Eviction, securities fraud |

Since we had our technical difficulties with the use of free conference last time I am going to answer certain questions that were sent in and never covered in the last members teleconference. Free conference assures me that the technical problems have been solved —  but the call-in number is going to be different. THIS […]

Tags: magic bullet, notice, paragraph 22, pretender lender, securitization scheme
Posted in 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 […]

Tags: and payoffs, appraisals, credit default swap counterparties, crime syndicates, criminal fraud, due diligence, Fannie MAe, government-sponsored entities, insurance companies, kickbacks, law enforcement, organized crime, rating agencies, regulation, Wall Street
Posted in Corruption, Eviction, securities fraud |