Archive for 'evidence' Category
“Holder” vs “Agency” Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will discuss the central point of of false claims of authority to enforce the note, and inferentially the authority to enforce the mortgage. In 2008, I called to confront a lawyer about the […]
Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” […]
Trustee Issues in Foreclosure Litigation: Jurisdiction and Discovery At the heart of many foreclosure cases lies a simple but critical question: does the trust exist, and if so, does it own the debt? If the named “trust” does not legally exist, it cannot bring or maintain a foreclosure action. Likewise, if the named trustee is […]
The real parties in interest are trying to make money, not recover it. The Wilmington Trust case illustrates why borrower defenses and investor claims are closely aligned and raises some interesting questions. The big question is what do you do with an empty box at the bottom of an organizational chart or worse an empty […]
If you stick to an objective statement of facts without presumptions, anyone can report and testify with credibility if they have backup. Once you cross the line into opinions the report is undermined as to bias, credibility and lack of foundation. Even if it is admitted into evidence the report will be given zero weight […]
Are Assignments Based Upon Aggregated Pools Real? Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays East-West: Charles Marshall California Attorney co-hosts the discussion The bottom line is that the courts are not accepting denials of assertions or allegations by the foreclosing party. The courts are […]
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. […]
Thousands of cases like this one have pointed out that SPS and other servicers like Ocwen do not consult with any investor, do not evaluate the case for settlement, modification or mitigation. The answer to questions arising from the unwillingness of those companies to comply with law stems from the fact that the vast majority […]
Warren Buffett saw it 15 years ago after analysis performed on the derivative markets. He said that the derivatives, as they were then (and now) being used, were “financial weapons of mass destruction.” If he was ignored what chance does anyone else have? Enter Pope Francis from the perspective of income and wealth inequality and […]
Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales. The explanations of securitization contained on the websites of […]
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