For ten years, Gary Dubin in Hawaii has been practicing law defending homeowners from foreclosure. He has preached his own version of how to combat foreclosure fraud. And he has practiced what he preached. I find his work enlightening and refreshing. So when I read his Proposed Mortgage Integrity Act (MIA) I decided to republish […]

Tags: derivatives, gary dubin, judicial oversight, shadow banking
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

The lesson is keep your eye on the ball. The natural human reaction to an affidavit is to assume it is true. We assume that it would not be submitted if the lawyers knew it wasn’t true. And in most cases people don’t lie in affidavits. But they do mislead sometimes by leaving out context. […]

Tags: affidavits, Caliber, default, LSF9 Master Participation, Wells Fargo Bank
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

It is universally accepted that a mortgage or deed of trust may not enforced except by the owner of the actual debt. The debt exists regardless of whether it is in writing or not. While a promissory note might be enforced by a party who does not own the debt (Article 3 UCC), forfeiture of a homestead requires that […]

Tags: enforceable, facially invalid, facially valid, prima facie case
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

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 |

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 |

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 |

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 |