The UCC is not ambivalent about protecting both the maker of a negotiable instrument and the party seeking to enforce it. The maker does not assume the risk of double liability except for instances where the note is purchased for value in good faith and without knowledge of the borrower's defenses. In all other circumstances the object is to prevent…[...]

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Tags: ARTICLE 3, ARTICLE 9, negative amortization, negotiable instrument, TILA rescission, UCC
Posted in evidence, Pleading |

Winning and Losing in Court Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays It's not enough to be right. You may be right on the law and your presentation of facts. But if you don't satisfy your burden of persuasion you most likely lose. "Persuasion is different than the burden of…[...]

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Posted in Uncategorized |

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most "foreclosures" initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt. It has long been obvious to me that the money trail is separated from the paper trail…[...]

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Tags: auction bid, Bayview, BONY, Chase, foreclosure sale, fraud, JPM CHASE, Mellon, money trail, proceeds of sale
Posted in discovery, evidence, legal standing |

The five largest U.S. banks have a combined loan portfolio of almost $3.8 trillion, which represents 40% of the total loans handed out by all U.S. commercial banks. See Forbes: $3.8 Trillion in Portfolio Loans I can spot around $300 billion that isn't real. Let us help you plan your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for…[...]

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Tags: Bank of America, Chase, Citi, class action, OneWest, Sheila Bair, WAMU, Wells Fargo
Posted in Fabrication of documents, foreclosure defenses, legal standing |

"Holder" vs "Agency" Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will discuss the central point of of false claims of authority to enforce the note, and inferentially the authority to enforce the mortgage. In 2008, I called to confront a lawyer about the false claim of being authorized…[...]

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Tags: agency, HOLDER, holder in due course, Neil Garfield Show
Posted in discovery, evidence, Fabrication of documents |

All contrary arguments are erroneous since they would insert a contingency where the statute contains no room for any contingency. The language of the statute bars any such contingency when it says that the TILA Rescission is effective upon delivery, by operation of law. If anyone wants the statute to say or mean anything different they must get their remedy…[...]

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Tags: 3 YEAR LIMITATION, bankruptcy, consummation, Eviction, jesinoski, LOAN MODIFICATION, notice of rescission, TILA rescission, Unlawful Detainer
Posted in legal standing, Modification, Motions, Pleading |

At what point does a final decision of SCOTUS actually mean anything? When confronted with TILA rescission, virtually all lower courts, state and federal, have taken up legislating from the bench, essentially over-ruling the Supreme Court of the United States (literally legally impossible). Agree or disagree --- everyone has that right. But to obey or not obey a SCOTUS decision…[...]

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Tags: Frazee, intention, jesinoski, SCOTUS, Supreme Court of the United States, tender, TILA rescission, TRUTH, VOID
Posted in Corruption, legal standing |

Deposition of AJ Loll for Nationstar and What to do About Violations of Automatic Stay in BKR Courts Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays   see Depo Transcript - AJ Loll - Nationstar Charles Marshall tonight examine issues found in my blog post this week on sanctions and punitive damages…[...]

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Posted in Uncategorized |

Pretender lenders are going to cite this case as support for the idea that the note and mortgage can be separated and that either one can be the basis of a successful foreclosure. They will rely on the "exception" implied in the court decision wherein the owner of the note has an agency relationship with the servicer who is the…[...]

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Tags: CAPITAL ONE, Freddie Mac, HOLDER, holder in due course, note mortgage split, Peck
Posted in Fabrication of documents, legal standing |

Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to "admissions" in bankruptcy schedules and orders…[...]

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Tags: §362k, automatic stay, bankruptcy court, Carlos J. Cuevas, punitive damages, Sanctions
Posted in Corruption, Eviction, evidence, Fabrication of documents, legal standing, Servicer |