Archive for 'Fabrication of documents' 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 […]
Pretender lenders are going to cite this case as support for the idea that the note and mortgage can be separated and that either one can be the basis of a successful foreclosure. They will rely on the “exception” implied in the court decision wherein the owner of the note has an agency relationship with […]
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” […]
Not only did this court get it wrong, it apparently knew it was getting it wrong and so ordered that the case could not be used as precedent. Steve Mnuchin, now Secretary of our Treasury, was hand picked by the major banks to lead a brand new Federal Savings Bank, called OneWest, which was literally […]
US Bank v Lopez Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays It is always a pleasure to speak with an attorney who is an ardent advocate for consumers. And it is good to know they are out there even though everyone is complaining about not […]
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 […]
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 […]
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