The bottom line is that every decision regarding payoff, collection, forbearance and foreclosure must satisfy the conditions of the alleged REMIC securitization. The securitization is most often proffered in court in the form of a Pooling and Servicing Agreement (PSA) which in turn is supposed to have a Mortgage Loan Schedule (MLS) attached but the MLS is actually a fabricated…[...]

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It's complicated. Giving the investors money was a pay down of the obligation owed by the investment Banks, not the Borrowers. It didn't change anything in the trust. But that begs the real question. The trust never owned anything to begin with. The trust does not exist as a legal person under any law of any jurisdiction simply because there…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays We are at the beginning of an epidemic. As usual information has been scarce and only highly placed government officials and scientists are in possession of the real data, and analysis and projections. What we do know is…[...]

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If you persist you will most likely get an order compelling answers to interrogatories, production of documents and an award for attorney fees. After that when your opposition still doesn't respond you have the right to seek sanctions and that includes striking the pleadings of your opposition or the court announcing that the homeowner is entitled to the presumption or…[...]

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Judges are required to consider anything in front of them, decide on its admissibility, and then give it the weight that the judge thinks it deserves. Pro se litigants have no way of knowing much about arguments concerning jurisdiction. They flail about and basically submit motions to vacate that say to the judge "You made the wrong decision." That argument…[...]

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Just a friendly reminder that it is now easier than ever to conduct virtual depositions from the comfort of your home work-space. See Veritext | Court Reporting Agency I just received their email promoting their service and I wanted to personally encourage lawyers to prepare for and take deposition testimony not only in a notice of deposition for also in…[...]

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The plain truth of SAP --- Securitization in Practice --- is that nobody who paid value received ownership of the debt and nobody who received an instrument of ownership of the mortgage paid value.  Thus SAP --- securitization in practice --- splits payment of value from ownership of the debt which produces an extra legal situation because all US law…[...]

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Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, legal standing |

I'm getting questions about moratoriums etc. Here are the best answers I can give. There is no moratorium --- at least not yet. There are increasing reports about sheriffs delaying forcible removals from homes simply because of the risk to the sheriffs and the risk to the communities of displacing people from their homes and all their belongings. Many courthouses…[...]

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It will take a political movement to force the state bar associations to address this issue. Bill Paatalo writes: Just filed by Russ Baldwin to the Oregon Supreme Court. The excerpts by the court are priceless. Here the court flat out catches the bank lawyers lying to the court and providing false declarations, yet signs off anyway. Up the chain…[...]

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Success in fraudulent foreclosures meant that the winners had to launder the corrupted title, so they sold it to hedge funds who then outsourced the renting to still other firms who in turn outsourced the rights to still other firms. That is exactly the same "formula" used by the banks when they started securitization, with "trustees." "trusts", "master servicers", "subservicers"…[...]

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