hat tip Bill Paatalo You can’t pick up one end of the stick without picking up the other end as well. Or, if you like, you can’t eat your cake and still have it. Banks used third party intermediaries all the time, and in non-mortgage loans they are considered as the real lender for purposes […]

Tags: CERTIFICATES, FDIC, funding, third parties, true lender
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Modification, Servicer |

Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an […]

Tags: agency, agent, MERS, naked nominee, Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays   One of the things that irritates most homeowners and lawyers for foreclosure defense is how “evidence” is admitted that “proves” a fact that doesn’t exist. One of the tools for doing that […]

Tags: credibility, judicial notice
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website. see Summary Judgment for Homeowner – Don’t give Up For those of you in foreclosure who may wonder if you have any rights, the answer is yes, you do! I recently won a summary judgment against a foreclosing bank […]

Tags: "modification" agreement, assignment of mortgage
Posted in evidence, foreclosure defenses, legal standing, Modification, Pleading |

I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing continued to violate the law of the land enunciated by the Supreme Court of the United […]

Tags: Bank of America, Hoang, jesinoski, SCOTUS
Posted in evidence, foreclosure defenses, legal standing, Pleading |

For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence. The situation worsened when Florida and courts in other states turned […]

Tags: Article 3 UCC, attorney fees for homeowners, extrinsic evidence, Fla Supreme Court, glass v nationstar, Ivanova, negotiability, parole evidence
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, legal standing, Pleading, Servicer |

Bottom Line: TILA Rescission is looming as a major risk factor to banks and investors who were not informed about the risk of TILA Rescission. The oddity is that the investors were not purchasing the loans and in fact agreed to replace the income stream from borrowers with an income stream from a fake trust. […]

Tags: Pleading, TILA rescission
Posted in evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

The entire securitization strategy is thus predicated upon the ability to convince a judge to presume facts, even if they are untrue. The pattern of misconduct revealed in the track record of the major banks could be used to undermine the legal presumptions and force the proof of the loan, purchase etc. BUT the major […]

Tags: legal presumptions, undermining legal presumptions
Posted in Corruption, discovery, evidence, foreclosure defenses, Servicer |

In answer to a number of very similar questions about the paid services we provide on www.lendinglies.com regarding the subject of Discovery, I submit the following: * The TERA will definitely give you narrative from which you can cut and paste questions or at least ideas on what questions you could ask in discovery. But […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, Servicer |

The bottom line is that the foreclosures are a sham. The proceeds of the foreclosure never go into a REMIC Trust because there is neither a REMIC election nor a Trust, much less any entity that outright owns the debt, note or mortgage. In order to win, you must know that the securitization players use […]

Tags: countrywide, CWABS, fraud on the court, fraudulent documents, fraudulent foreclosures, fraudulent servicing, PSA, RICO, Shellpoint
Posted in Corruption, discovery, evidence, Fabrication of documents, Modification, Motions, Servicer |