Trustee Issues in Foreclosure Litigation: Jurisdiction and Discovery At the heart of many foreclosure cases lies a simple but critical question: does the trust exist, and if so, does it own the debt? If the named “trust” does not legally exist, it cannot bring or maintain a foreclosure action. Likewise, if the named trustee is not actively managing trust assets…[...]

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Tags: DEUTSCHE BANK, in personam jursdiction, REMIC Trust Existence, subject matter jursdicition, TRUTH, US BANK
Posted in evidence, legal standing |

Tax and Bankruptcy Issues Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays East-West: Charles Marshall California Attorney hosts the discussion Foreclosure law: Implications re tax law, bankruptcy law, other law Foreclosure matters both unresolved and especially even when resolved have major implications for legal options and results and at the far…[...]

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The real parties in interest are trying to make money, not recover it. The Wilmington Trust case illustrates why borrower defenses and investor claims are closely aligned and raises some interesting questions. The big question is what do you do with an empty box at the bottom of an organizational chart or worse an empty box existing off the organizational…[...]

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Tags: beneficiary, debts, foreclosures, indebtedness, mortgages, notes, res, security, TRUSTEES, TRUSTS, TRUTH, Wilmington Trust
Posted in Corruption, Eviction, evidence, Fabrication of documents, Servicer |

If you stick to an objective statement of facts without presumptions, anyone can report and testify with credibility if they have backup. Once you cross the line into opinions the report is undermined as to bias, credibility and lack of foundation. Even if it is admitted into evidence the report will be given zero weight in deciding the case. You…[...]

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Tags: expert, forensic report, OPINION, TERA
Posted in Corruption, discovery, evidence, expert witness |

Are Assignments Based Upon Aggregated Pools Real? Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays East-West: Charles Marshall California Attorney co-hosts the discussion   The bottom line is that the courts are not accepting denials of assertions or allegations by the foreclosing party. The courts are requiring the homeowner to file…[...]

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Tags: Aggregation of Mortgage Loans, assignments, blog talk radio, endorsements, Neil Garfield Show
Posted in evidence, Fabrication of documents, legal standing |

Just because a document bears a title doesn't mean that it accurately describes the nature of the transaction. A modification of any agreement requires both sides to agree. Here again we have the identity of the creditor being changed --- expressly eliminating any claim that the "servicer" is a legal representative of the creditor to whom the underlying debt is…[...]

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Just because an instrument is not self-authenticating doesn't mean it can't be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow.  And that is the point here. They came to court without evidence and in this case the court turned them away. Florida courts, along with courts…[...]

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Tags: § 673.1041(1), evidence, HELOC, negotiable instrument, note, self-authenticating, TRUTH, UCC
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Pleading, Servicer |

[youtube https://www.youtube.com/watch?v=F9L4eRaIxLQ&w=854&h=480] [youtube https://www.youtube.com/watch?v=nZ6lPaiKmwg&w=854&h=480] [youtube https://www.youtube.com/watch?v=Ikoe2vipxQQ&w=854&h=480] On the Assignment and Assumption Agreement predating the "closing" of the "loan" --- [youtube https://www.youtube.com/watch?v=0Q3GN433J2c&w=854&h=480] [youtube https://www.youtube.com/watch?v=tKIGz0WgQSA&w=854&h=480] [youtube https://www.youtube.com/watch?v=mFyoO_us77g&w=854&h=480]  [...]

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Thousands of cases like this one have pointed out that SPS and other servicers like Ocwen do not consult with any investor, do not evaluate the case for settlement, modification or mitigation. The answer to questions arising from the unwillingness of those companies to comply with law stems from the fact that the  vast majority of their income comes from…[...]

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Tags: housing, Ocwen, Select Portfolio Servicing, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Modification, Servicer |

Transforming Foreclosure Profit into Secured Debt Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays The simple answer is that it is possible to change loan numbers and the change could be related to combining data between two entities where the loan papers or servicing rights are supposedly being transferred. If Company…[...]

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Posted in Uncategorized |