The first order of business is to recognize two things --- (1) that it is a stockbroker who is the actual party foreclosing the mortgage and (2) that the stockbroker is NOT seeking restitution for an unpaid debt --- all of which means that it isn't really a foreclosure. It is a scheme to generate revenue because the investors, who…[...]

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 “failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.” the Notice of Default stated that “[t]o avoid the possibility of acceleration,” Defendants were required to make certain payments by a specific time, or…[...]

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Tags: acceleration, declaration of default, decleration, statute of limitations
Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

What changes do you think are necessary in the Federal Truth in Lending Act, FDCPA, RESPA and SEC regulations? Email your comments to neilfgarfield@hotmail.com see 501851_2018_Nationstar_Mortgage_L_v_Nationstar_Mortgage_L_EXHIBIT_S__17-1 I completely get how there is immunity for lawyers advocating even bad positions for their clients. Anything less would chill access to the courts. No arguments here. But when you read the above linked…[...]

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The bottom line is that Chapter 7, 11, or 13 bankruptcy can be effective tolls in defending against unlawful foreclosures, but hey are not magic bullets. Like all legal procedures attempting to navigate them without a licensed legal professional who is a known quantity in Bankruptcy Court, is at the very least hazardous. ===================================== GET FREE HELP: Just click here…[...]

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

The most important label used by stockbrokers (acting as "investment banks") was to label a company as an "originator". The term had no actual meaning. There were lenders who loaned money, and there were mortgage brokers who were paid to introduce a lender and a borrower. But what was an "originator"? The stockbrokers knew that if a term had no…[...]

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Just an observation based upon current information. MERS was acquired in 2008 by Intercontinental Exchange (ICE), a former Enron competitor. As its name implies (and the job listings for ICE) it operates in several continents. It controls most of the world's futures and securities exchanges and clearing houses. According to filings by ICE, the acquisition of MERS would have no…[...]

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"Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes," CFPB Director said in a statement. [Editor's Note: When will the agencies address the elephant in the living room: Ocwen is not making mistakes. It is making facts that don't exist in the real world. Why?…[...]

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see https://www.fraudstoppers.org/wp-content/uploads/MERS-NATIONSBANK-SECURITY-AGREEMENT-assignment-tm-1773-0949.pdf So much for being an independent private title registry It's all smoke and mirrors. And an interested reader and client sent me this: When I looked up the address on the MERS Registration Trademark that you posted today on your blog, it came up with a Virtual Office Location. What are the main features included for McLean, VA…[...]

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Making a mistake is not appealable unto itself. You must show that the error caused an improper decision. And by "improper" I mean that there is no way under existing law that the decision was based upon the law or, if you wish to pursue a still higher standard of review, that the law as applied violates constitutional protections. ===================================== GET…[...]

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

The problem that most pro se litigants  and foreclosure defense lawyers have, as will be discussed in part on Thursday's radio show with Patrick Giunta, is that most people fail to understand and therefore fail to plead and prove the nuanced difference between "the debt doesn't exist" and "this foreclosure proceeding is a sham." * But pleading the sham without…[...]

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