The view proffered by the banks would require them to accept declarations of fact from potential borrowers without any indicia of truth or reliability. It is opposite to the manner in which they do business. Currently they have it both ways, to wit: for purposes of borrowing you must submit documents that are facially valid […]

Tags: BEAR STEARNS, BoNY-MELLON, facial validity, grantee, grantor, JPMorgan Chase, recording, Structured Asset Mortgage Investment
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading, securities fraud, Servicer |

Bottom Line: Failure to attack the facial validity of the documents is virtually hanging the homeowner letting him/her twist in the wind. Without such a relentless attack based upon scrutiny of the exact wording on documents revealing that nobody is actually identified as a real party in interest, you will be trapped by an endless […]

Tags: acknowledgement, bankruptcy, BKR schedules, debt, mortgage modification, statute of limitations
Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Modification, Pleading, Servicer |

Nearly everyone is confused as to the identity of the real holder in due course, or the “creditor,” or the owner of the debt. Nearly everyone thinks that ultimate it is investors who purchased certificates. In fact there is no holder in due course and there never will be in most instances. There was never […]

Tags: discovery, holder in due course, investment bank, owner of the debt, REAL PARTY IN INTEREST, table funded loan, TILA
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading, Servicer |

A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are […]

Tags: AG Complaints, CFPB Complaint, FDCPA, realignment of parties, recoupment, RESPA, TILA, unconstitutional application of statute
Posted in evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading |

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 |

Hat tip Michael Bazemore It’s not easy to see but if you look at the court docket after a ruling against the parties designated as “foreclosing parties” you can see that these cases are often dismissed with reference to an agreement or settlement between the parties. The typical pleading asking the court to dismiss the […]

Tags: mortgage settlements
Posted in Corruption, Fabrication of documents, foreclosure defenses, legal standing, Servicer |

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 |

Two days ago in the case of Obudskey v McCarthy and Holthus LLP the  Supreme Court of the United States (SCOTUS) heard oral argument on issues relating to the application of the Federal Debt Collection Procedures Act (FDCPA). The argument for including the law firm pursuing foreclosure was presented by DANIEL L. GEYSER, Esq. in […]

Tags: Daniel L Geyser, Debt Collectors, FDCPA, McCarthy and Holthus, SCOTUS
Posted in Corruption, foreclosure defenses, foreclosure mill, legal standing, Servicer |