No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority […]

Tags: beneficiary, BURDEN OF PROOF, complex litigation, due process, interpleader, judicial foreclosure, new beneficiary, nonjudicial foreclosure, structured finance, Substitution of Trustee, Trustee on deedof trust, trustee on MBS
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

So far he is three for three and he has no plans to stop filing complaints against notaries who signed false, fabricated affidavits. Ken McLeod (Arizona) is about the best investigator for economic crimes that I have ever come across. I won’t publish his number because the last time I did that he was swamped […]

Tags: affidavit, Ken McLeod, licenses, notary, NULLIFICATION OF INSTRUMENT, recording instruments, revocation, testimony, validity of instrument
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Editor’s Comment: One of the interesting things about this case is where we all stood on application of law back in 1979 versus what goes on now. If you read the entire case — pointed out to me by “KC” in her comments to the blog, you see how the court approached this case in […]

Tags: 600 P.2d 573 (Wash. Ct. App. 1979), MGIC FIN. v. HA Briggs Co.
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be […]

Tags: ABUSIVE LOAN PRACTICES, assignments, bank of new york, business records exception, competency of witness, DANIEL YOHALEM, endorsements, FEDERAL PREEMMPTION --- OCC STATEMENT, FREDERICK ROWE, hearsay, HLPA, holder of note, JOSEPH ROMERO, JOSHUA SIMMS, JUDICIAL SELF GOVERNANCE, JURISDICITION, KATHERINE ELIZABETH MURRAY, liar loans, MARY ROMERO, MERS, New Mexico, NEW MEXICO ATTORNEY, personal knowledge, POPULAR FINANCIAL SERVICES MORTGAGE PASS THROUGH CERTIFICATE SERIES #2006, RIGHT TO ENFORCE MORTGAGE, RIGHT TO ENFORCE NOTE, standing, Supreme Court, UCC AND FORECLOSURES
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

It is easy to think of the mortgage meltdown as a period of time in which the banks went wild. Unfortunately that period of time never ended. They are still doing it. The level of sophistication it takes to do the kinds of things that banks have been doing for the last 20 years is […]

Tags: Barclays (BCS), Citigroup (C), Deutsche Bank (DB), foreign exchange, forex, HSBC, JPMorgan (JPM), mortgage loans, RBS, subprime, UBS, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Among the many insurance companies that paid off loans or assets based on loans, MGIC. Off 2400 loans a month of January alone, which appears to be virtually all residential mortgages. Press the reason that nobody is paying any attention to this is that normally the insurer acquires the claim through a legal process called […]

Tags: credit default swaps, mortgage insurance, Servicer advances
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Maybe it is true that some of the earlier attorneys for the banks were caught by surprise when they learned of fabrication of documents, unauthorized signatures and of course Robo signing. In this case lawyers from the state of Maine face possible discipline for their failure to take appropriate action in over 100 cases. This […]

Tags: Drummmond and Drummond, GMAC MORTGAGE CORPORATION, Jeffrey Stephan, Maine Bar Association, Paul Peck, robosigning
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Zerohedge.com notes that JP Morgan has cornered the market in gold derivatives. They ask how the CFTC, who supposedly regulates the commodities markets could have let this happen. I ask some deeper questions. If JPM has cornered the market on those derivatives, is this a reflection that they, perhaps in combination with others, have cornered […]

Tags: broker dealers, gold, gold derivatives, Goldman Sachs, investment banks, JP Morgan, REAL PARTY IN INTEREST, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

JOIN US EVERY THURSDAY AT 6PM Eastern time on The Neil Garfield Show. We will discuss the Stenberger decision and other important developments affecting consumers, borrowers and banks. We had 561 listeners so far who were on the air with us or who downloaded the show. Thank you — that is a good start for […]

Tags: 3 day rescission, ARTICLE 3, article 9 UCC, Forensic TILA Analysis, general claims rescission, negligence, negligence and recklessness, rescission, RESPA, Steinberger v Hon.McVey/OneWest, UCC, Unconscionability: Procedural and Substantive, Wane v. Loan Corp
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

JOIN US TONIGHT AT 6PM Eastern time on The Neil Garfield Show. We will discuss this decision and other important developments affecting consumers, borrowers and banks. Congratulations to Attorney Barbara J. Forde!! HIGHLIGHTS: Steinberger v Hon. McVey/OneWest Discharge of Debt — money that OneWest received from FDIC to pay off loss on loan discharges the […]

Tags: Arizona Appeals, Barbara J Forde, Cause of action to avoid a trustee's sale, credit default swaps, discharge of debt, Good Samaritan Doctrine, insurance, Negligent Performance of an Undertaking, Servicer advances, Steinberger v Hon.McVey/OneWest, third party payments, Unconscionability: Procedural and Substantive
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |