Did Banks Really Destroy Original Mortgage Notes? Yes. In 2009, the Florida Bankers Association admitted that many banks deliberately destroyed original mortgage notes right after loan closing. Instead of keeping the paper, lenders converted notes into electronic files and then discarded the originals. Their justification: it was “more efficient.” But here’s the problem: under long-standing law, the original note is…[...]

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Posted in evidence, foreclosure defenses, Uncategorized |

Shame is the reason why most borrowers don't contest foreclosures. That shame turns to intense anger when they realize that they were used, screwed, abused and now they are targets in a continuing blitz to embezzle much needed money from their lives and from the financial system generally. The genius behind companies like Citi is... Deception by Branding.  “Citi” is…[...]

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

Using Legal Discovery to Fight Fraudulent Foreclosures Disclaimer: This article is for educational purposes only. It is not legal advice. Always consult a licensed attorney for your specific case. Stop the Shame, Start the Defense Too many homeowners defending foreclosure cases carry guilt, doubt, or a sense of defeat. But here’s the truth: borrowers were not dealing with a traditional…[...]

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Posted in discovery |

I have added to my templates for discovery questions  and requests relating to a claimant that is named "XYZ Bank, N.A. as trustee for the ABCDE Corp. Trust Series 12345-4321A Certificates" and where, as in most cases, there is a PSA and/or a Trust Instrument that identifies the "trust" (if ti exists) as a REMIC --- Real Estate Mortgage Investment…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, Servicer |

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight's Agenda: Interrogatories Request to Produce Request for Admission Motions to Compel Motions for Sanctions Motions in Limine The devil is in the details. The details in litigation lie basically in discovery --- asking and responding. Very few…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, Motions, Pleading, Servicer |

The way that borrowers lose cases is by picking out one thing from a case or statute and treating it as a magic bullet. If the law were that simple a computer would be deciding all cases. The distinctions between possessors of a note, rights to enforce, status as a holder, owning the debt and the status as holder in…[...]

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

For quite some time, the courts have struggled with the concept of primary liability for a lying liar and secondary liability for a liar who passes on the lie knowing that it was a lie. Scotus, in the Lorenzo decision has now said that is a distinction without a difference. It is not a secondary issue of aiding and abetting,…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, securities fraud, Servicer |

There are two morals to this story. First always use a legal and financial adviser if you are about to make the largest investment of your life. Second, there is no such thing as boilerplate or standard clauses. So you have a "lender" who is offering to lend you money, even though you have trash credit and no visible means…[...]

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Posted in Uncategorized |

The reason why thousands of cases have been confidentially settled with satisfactions of mortgages, payment of attorney's fees and damages is that the banks are willing to pay anything necessary to preserve the tree (certificates) and the branches (derivatives) and the leaves (minibonds and contracts like credit default swaps). The risk to the investment bank is enormous if the tree…[...]

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Posted in Uncategorized |

In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments. The legacy of the mortgage meltdown and the brainless government policies that let the banks get away with what they had done, is that the…[...]

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Tags: Buffalo foreclosures, claimant, debt ownership, equity, foreclosure proceeds, injured party, New Jersey foreclosures, securitization, US BANK, Wells Fargo
Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, legal standing, Modification, Servicer |