Every time a homeowner wins in foreclosure the investors are actually protected. It’s the sale of the property and/or entry of the foreclosure judgment that cuts investors off from their investment. Weird, right? An article in the recently published Florida Bar Journal illustrates perfectly the confusion that occurs within the courts and by lawyers when […]

Tags: ARTICLE 9, assignment of mortgage, consideration, Transfer of mortgage, UCC, UNIFORM COMMERCIAL CODE
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

Disclaimer: This article is for educational purposes only. It is not legal advice. Always consult with a licensed attorney about your case. Why Fraud Claims Are Powerful — and Difficult Fraud can be one of the most effective claims or defenses in foreclosure litigation. But fraud is also one of the hardest claims to win. […]

Posted in foreclosure defenses, Foreclosure Questions |

Attacks on technical deficiencies of assignments of mortgage is a great place to start, but it is not the finish line. This is a follow up with the radio show we did last week on cancellation of assignments of mortgage, and upon successful cancellation of the assignment(s), the further cancellation of the notice of substitution […]

Tags: Cancellation of assignment, cancellation of instrument, Cancellation of Lis pendens, cancellation of notice of default, cancellation of notice of sale, cancellation of notice of subsitution of trustee, dismissal of foreclosrue lawsuit
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

This decision “Not for publication” takes one more step toward unravelling the false claims of securitization that resulted in millions of fake foreclosures over at least 15 years. The pure nonsense being peddled by Wall Street investment banks still remains as the underlying basis for assumptions and presumptions that are contrary to fact and contrary […]

Tags: cancellation of instrument, Chase, DECLARATORY RELIEF, Long beach, slander of title, WAMU, Washington Mutual
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

Did Banks Really Destroy Original Mortgage Notes? Yes. In 2009, the Florida Bankers Association admitted that many banks deliberately destroyed original mortgage notes right after loan closing. Instead of keeping the paper, lenders converted notes into electronic files and then discarded the originals. Their justification: it was “more efficient.” But here’s the problem: under long-standing […]

Posted in evidence, foreclosure defenses, Uncategorized |

Shame is the reason why most borrowers don’t contest foreclosures. That shame turns to intense anger when they realize that they were used, screwed, abused and now they are targets in a continuing blitz to embezzle much needed money from their lives and from the financial system generally. The genius behind companies like Citi is… […]

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

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight’s Agenda: Interrogatories Request to Produce Request for Admission Motions to Compel Motions for Sanctions Motions in Limine The devil is in the details. The details in litigation lie basically in discovery — […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, Motions, Pleading, Servicer |

The way that borrowers lose cases is by picking out one thing from a case or statute and treating it as a magic bullet. If the law were that simple a computer would be deciding all cases. The distinctions between possessors of a note, rights to enforce, status as a holder, owning the debt and […]

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

In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments. The legacy of the mortgage meltdown and the brainless government policies that let the banks get away with what they […]

Tags: Buffalo foreclosures, claimant, debt ownership, equity, foreclosure proceeds, injured party, New Jersey foreclosures, securitization, US BANK, Wells Fargo
Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, legal standing, Modification, Servicer |

Think of it this way: If someone wrote you a check for $100, which would you do? (1) make a digital copy of the check and then shred it or (2) take it to the bank? Starting with the era in which banks made what is abundantly clear as false claims of securitization the banks […]

Tags: DESTROYED NOTE, Elizabeth Warren, Florida bankers Association, Florida Supreme Court, Katie Porter, lost note, pretender lenders
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, Servicer |