Imagine we are in a new era, where disclosure was full and complete to investors and borrowers. The deal pitched to investors is simple: the investment bank gets your money and uses it to buy debts, notes and mortgages. The purchased loans (including the debts) will be put into a portfolio and the investors grant ownership to a trust with…[...]

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Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall, Esq. Or call in at (347) 850-1260, 6pm Eastern Thursdays Re: non-judicial foreclosure non-judicial foreclosure lawsuits, which are on appeal in California, Today's Show will cover the following: - where chain of title argument is still getting traction at the appellate level; - how breach of contract argument is…[...]

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The basic truth is that current law cannot accommodate securitization of mortgage debt as it has been practiced. In short, what they (the investment banks) did was illegal. It could be reformed. But until the required legal steps are taken that address all stakeholders virtually all foreclosures ever conducted were at best problematic and at worst the product of a…[...]

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see https://www.housingwire.com/articles/49795-ocwen-agrees-to-refund-maine-residents-to-end-foreclosure-dispute-with-the-state/ Important quotes from article: According to the Maine Bureau of Consumer Credit Protection, Ocwen Loan Servicing instigated foreclosures on loans based on paperwork that was determined to be legally inaccurate. According to the consent agreement, the Power of Attorney over the loans that were in the Aegis portfolio ceased to exist when the entity was dissolved in November 2012. But in 2014,…[...]

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After reading my blog a client shared with me the details of how he won his case. This win followed up on my previously announced strategy of using mediation to flush out the fraudulent nature of the claimant and the claim for foreclosure. ===================================== GET FREE HELP: Just click here and submit  the confidential, free, no obligation, private REGISTRATION FORM. The…[...]

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see Docket 1404 (2) Order confirming third amended joint chapter 11 plan of ditech BEWARE: Things are not what they appear. This is another step in which something is made out of nothing. The entire plan is not based on any real assets or income of DiTech nor does it have any nexus to the prior uses of the DiTech…[...]

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the truth is there for anyone who wants to see it, which means that the entire prospect for Ocwen is that of an actor with only one foot on the edge of a cliff. This article represents the analysis and opinion of the writer. Take no action with consulting a legal and financial adviser.  The common stock of Ocwen Loan…[...]

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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 Tonight We’ll talk about how to understand and use legal presumptions to defeat illegal foreclosures. The key to persuading the court is logic applied to everyday experience. And remember that the key in every foreclosure is the money…[...]

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There are winners and losers in every courtroom. When dealing with TILA Rescission under 15 USC §1635 you must go the extra mile in not merely showing the court why you should win, but also revealing that the opposition is not actually losing anything. The same logic applies to every foreclosure where securitization is either obvious or lurking in the…[...]

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Edward Hyne, Nationstar's Rule 30(b)(6) witness refers to the practice as "preparing indorsement pages". This is a partial transcript of the deposition. The case was set for trial Monday October 22, 2018: BY MR. RILEY: Q What is your testimony about the Note, Mr. Hyne? A The Note itself is accurate, but as to the page where the endorsements are,…[...]

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