It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so — nor is it true that PHH has any right to receive any money, whether it is a monthly payment or a payoff. In fact it is not true that […]

Tags: Ocwen, PHH, Reverse Mortgage Solutions
Posted in Corruption, discovery, Fabrication of documents, foreclosure mill, legal standing, Servicer |

PSA ≠ Trust Agreement: The “Bare Naked Title” Trap Driving Modern Foreclosures TL;DR: A Pooling & Servicing Agreement (PSA) is not a trust agreement. In many MBS foreclosures, only bare legal title is shifted—without any transfer of the underlying debt. Under UCC 9-203 (adopted verbatim in all U.S. jurisdictions), no one can enforce a mortgage […]

Tags: foreclosure defense, fraud
Posted in Fabrication of documents, legal standing, securities fraud, Uncategorized |

APPROVED FOR 2.5 CLE CREDITS APPROVED BY THE FLORIDA BAR HOMEOWNER ATTENDANCE PERMITTED Live and On-Demand Available EARLY BIRD DISCOUNT ENDS 9/22/21 What to Look for in Examining an Assignment How to Successfully Litigate the Issues How lawyers can make money in this niche APON and GTC Honors, Inc. an approved host provider for CLE […]

Posted in evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

It’s no magic bullet but it can be used effectively. Why the “Holder in Due Course” Argument Matters If you are facing foreclosure, you might hear about something called a holder in due course (HDC). This term basically means a person or company that legally owns the loan and has rights to collect on it. […]

Tags: foreclosure defense
Posted in Fabrication of documents, foreclosure defenses, legal standing |

In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word “successor.” I have been saying that this word is used as a cover-up for “we don’t have title to the […]

Tags: ABN AMRO, Bank of America, Bank of New York Mellon, Citigroup Foreclosures, Deutsch Bank Deutsch Bank Trust Company Americas, JP Morgan Chase Bank National Association, LaSalle Bank as trustee, Nationstar, Successor, successor beneficiary, U.S. Bank National Association
Posted in Corruption, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

When you lose your home in foreclosure, it is an involuntary gift to an investment bank that has already earned 12 times the amount of the transaction with you. The investment bank does NOT record the interest, principal or forced sale payment on any loan account receivable because there is no such account. Once again […]

Tags: business records exception to hearsay rule
Posted in Corruption, evidence, legal standing, Servicer |

Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete evidence that there is, in fact, a loan receivable entry on the accounting ledgers of the claimant and that it got […]

Posted in discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

The plain truth is that homeowners are losing their cases through assymetry of information. They think they understand when they do not have a clue. They are admitting the obvious, which turns out to wholly untrue. In so doing they give the court no choice but to enter judgment aganst them.  ApplicationForLoanProcessAndFundingOfServiceFees I am experimenting […]

Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing |

[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form] Wall Street Transactions with Homeowners Are Not Loans * I think the biggest problem for people understanding the strategies that I have set forth on this blog is that they don’t understand the underlying principles. It simply is incomprehensible to […]

Tags: fake securitization, REMIC TRUST, securitization, US BANK
Posted in Corruption, discovery, evidence, foreclosure mill, legal standing, Modification, Motions, securities fraud |

Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud.   You don’t need to believe me. You don’t need proof that what I am saying is true. You have every right in every court to file demands for discovery relating to the existence and ownership of the debt. Ask any lawyer or any […]

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