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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Message to Lawyers and Homeowners: If you think you can't win, you are wrong. If you think you shouldn't win, you are wrong. 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   One of the many things that irks me is how the banks are getting good…[...]

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While the mainstream media concentrates on predators who promise false hope to homeowners in distress and who actually distract homeowners from asserting real defenses, reporters fail to mention the larger more devastating impact of foreclosures initiated by attorneys on behalf of nonexistent clients who have no interest in the loan. The pernicious effect of having dollar proceeds of forced sales…[...]

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Posted in Uncategorized |

The bottom line is that foreclosures are all about collecting on unpaid debt. The only party who can initiate foreclosure proceedings that will force the sale of title to the home and then forcibly dispossess the homeowner is a party who owns the debt, is injured by nonpayment and who receives the proceeds of foreclosure as restitution for an unpaid…[...]

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Tags: UCC 9-102, UCC 9-203, UCC 9-308
Posted in discovery, Eviction, evidence, foreclosure defenses, legal standing, Pleading |

It is strongly advised by most attorneys that when submitting any statement or reply to any company posing as a mortgage servicer or lender that where it is appropropriate to do so you should state that you are making the statement for purposes of compromise and settlement only and not for use in court, trial or any other legal proceeding.…[...]

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Tags: admissions against interest, assumptions, for settlement and compromise only, hardship letter, Ocwen, TRUTH
Posted in Corruption, evidence, foreclosure mill, Servicer |

As soon as you start believing the words and labels the banks are using you are doomed to making admissions against interest that will reinforce the court bias in favor of the bank. The truth is that the entire thing is a lie. And it's not even an effort to get the debt repaid; it's an effort to get revenue.…[...]

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When you allege that you entered into a loan transaction with XYZ corp you are admitting that they loaned you money. In most cases that isn't true, but you are stuck with your admissions thus admitting the validity of all subsequent assignments and endorsements. This is how the foreclosure mills win --- not with the facts but with your admissions of things that are…[...]

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From an avid reader and investigator, the wording below is from an exhibit in litigation that was (of course) dismissed that shows that Wells Fargo managers were specifically instructing their subordinates who talk or correspondent with borrowers on what to say and what not to say. Specifically they were not reveal that Wells Fargo did not have the security instrument…[...]

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