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 “indorsements”) transferring interest in the…[...]

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

Most people do not have a clear understanding about Quiet Title, because it means one thing to them and another thing in court. The common misconception about quiet title is that it is a thing that just happens, like the result of a magic bullet. In fact quiet title is a court process that begins with a lawsuit by the…[...]

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Tags: assignments, CONSULT, declaratory action, document review, forensic loan analysis, hybrid legal services, MERS, quiet title, title analysis
Posted in evidence, expert witness, foreclosure defenses, legal standing, Pleading |

For most of us going about our daily business at our desks or in our cars or toiling or playing we give no thought to why we are able to do these things and what things would be like if someone stopped us, killed us or imprisoned us for believing, speaking or even getting together with other people. * We…[...]

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In 2008 I gave a 1 1/2 day presentation in Santa Monica that not only explained securitization but also provided a hub and spoke business plan for attorneys to take on foreclosure defense cases, which are now again on the rise. Several attorneys took my advice and subsequently became millionaires, making new law and saving thousands of homes from foreclosure.…[...]

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It seems nothing gets a judge angrier than being challenged on the court's misconception of law. In 42 years of trial experience my conclusion is that sometimes you need to risk veins popping in the neck and even contempt  citation to get your point across. Yet in the heat of the moment it is easy to cross the line that…[...]

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Editors; Note: Everyone looking for an attorney should listen to this show. Every lawyer thinking about turning down or accepting a case involving foreclosure defense should listen to this show. Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall Call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall is on today hosting the Neil Garfield…[...]

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Until this decision I had assumed that Qui Tam actions were essentially dead in relation to the mortgage meltdown. Now I don't think so. The question presented is whether actions brought by a private person acting as a relator on behalf of a government entity can bring claims for damages under the False Claims Act. Such actions are barred by…[...]

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Tags: ARIZONA, False Claims Act, FCA, qui tam, statute of limitations, title, transfer, TRUTH
Posted in Fabrication of documents, legal standing, Modification, Pleading |

In response to my blog post last week about whether there might be causes of action for royalty or other damages or offset arising from the fact that the loan is actually a small part of a much larger group of transactions in which the borrower is a party but not a participant in profits, I received the following from…[...]

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New York State Judge Arthur Schack passed away on May 2nd, aged 71. As phrased by "Summer Chic" "he was nothing short of a mensch which, in Yiddish, is an honorific not bestowed lightly. "His life was a testament to compassion; evidenced during his sixteen years on the bench in Brooklyn’s State Supreme Court and, in particular, as crusader for…[...]

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It's easy to blame borrowers for loans that are in "default." The American consensus is based upon "personal responsibility"; so when a loan fails the borrower simply failed. But this does not take into account the hundreds of millions of dollars spent every year peddling loans in the media and the billions of dollars paid as commissions and bonuses to…[...]

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Posted in foreclosure defenses, legal standing, Pleading |