For those straining to find a way to categorize mortgage loans as securities I offer this based upon my licensing, training and experience as a Wall Street Broker and Investment Banker and as an attorney who has practiced law, including securities law for over 42 years. You are climbing the right tree but you are […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, legal standing, securities fraud, Servicer |

Another case showing shifting attitudes toward illegal foreclosures. At the trial level there have been many such decisions, some with an expanded finding of fact showing that the foreclosure was a sham. On appeal, the courts were always looking for ways to sustain the foreclosure; they still do that but more and more appellate courts […]

Tags: Chase, JP Morgan, Pennymac
Posted in Corruption, evidence, foreclosure defenses, legal standing, Pleading, Servicer |

Anyone who knows about foreclosure litigation and securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued. For nearly all loans the central command was Lender Processing Systems, aided by […]

Tags: Black Knight, Docx, LPS, US BANK
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

What Is an Allonge? An allonge is an additional sheet of paper firmly attached to a promissory note to provide space for endorsements. It is only necessary when there isn’t enough room on the note itself. Key elements for a valid allonge: It is separate from the note but permanently affixed. It contains endorsements (or […]

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

References to sales of loans and servicing rights are usually merely false assertions to distract homeowners and lawyers from looking at what is really happened. By accepting the premise that the loan was sold you are accepting that the loan was (a) real and (b) owned by the party who was designated to appear as […]

Tags: audit, Black Knight, boarding process, Chase, DEUTSCHE BANK, Long beach, LPS, Reynaldo Reyes, Servicing transfers, WAMU
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

NOTE: This case reads like  law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that […]

Tags: allonge, assignments, Cannela decision, debt, DEED OF TRUST, endorsement, indorsement, Mortgage, note, Obligation, REMIC trustee, U.S. Bank
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

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 |

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 |

I have added to my templates for discovery questions  and requests relating to a claimant that is named “XYZ Bank, N.A. as trustee for the ABCDE Corp. Trust Series 12345-4321A Certificates” and where, as in most cases, there is a PSA and/or a Trust Instrument that identifies the “trust” (if ti exists) as a REMIC […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, 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 |