The Florida 3rd District Court of Appeals is writing law instead of applying it. Its convoluted legal contortions reveal a bias that should result in recusal. Its most current ruling turns legal analysis into a game of Russian roulette in which if the gun is pointed at the head of the homeowner, all chambers are loaded while if it is…[...]
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CREDITORS ARE NECESSARY AND INDISPENSABLE PARTIES: I think this piece identifies the correct issues in the identification of actual creditors --- i.e., parties entitled to receive payment from a homeowner. Inferentially it raises the very issues that foreclosure defense lawyers have been raising for years --- without knowing the identity of the real creditor, how can you connect the real…[...]
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The one thing that is perfectly clear is that at some point the state legislatures who govern title to property already have a huge problem brewing under their feet. There is no doubt in my mind, that the solution will follow the example of the Murphy Act in Florida when title became unintelligible some 80 years ago. The new acts…[...]
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Standard Operating Procedure: Create more bogus paper on top of piles of old bogus paper and you contribute to the illusion that any of it is real. The "business model" still leaves out the basic fallacy: that most loans were never actually securitized into the trusts that are claiming them. Hence the at the base of this pyramid, is an…[...]
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The Neil Garfield Show: Challenge your Mortgage Servicer and Successors- Overcoming Legal Presumptions
Oct 13, 2016
Thursday Rebroadcast! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays NEW MAIN NUMBER: 202-838-NEIL (6345). Tonight's show is a rebroadcast from June 23, 2016. The episode is still extremely relevant to fighting fraudulent foreclosure. Neil Garfield and southern California attorney Charles Marshall discuss the recent Massachussetts case US Bank v. Bolling. …[...]
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What is important to recognize is that the presumptions from the bench that the banks would not intentionally commit crimes or violations is wrong. It is important because all legal presumptions are predicated upon the supposition of trustworthiness of the party proffering evidence. This presumption is wrong. The banks have been fabricating accounts, "business records" and claims for years throwing…[...]
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http://www.vice.com/read/when-you-buy-a-house-but-dont-actually-own-it Danny Shedd's nightmare began with some cows. When Shedd, a 12-year veteran with combat experience in Iraq and Afghanistan, finished up his military service at Fort Benning, Georgia, he and his wife, Jacinda, wanted to move to the prairie. The house they settled on in Big Cabin, Oklahoma, was perfect: a 5,400 square-foot, four-bedroom spot built in 2006, which…[...]
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See AU Section 332 Auditing Derivative Instruments, hedging Activities and Investment in Securities. * Every written instrument is by definition the memorialization of an event. Absent the event in the real world, the instrument is worthless at best and at worst fraudulent. This is derived from the my knowledge of generally accepted accounting principles (GAAP) as enunciated by the Financial…[...]
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David Dayen: Behind Closed Doors, Hillary Clinton Sympathized With Goldman Sachs Over Financial Reform
Oct 11, 2016
https://theintercept.com/2016/10/11/behind-closed-doors-hillary-clinton-sympathized-with-goldman-sachs-over-financial-reform/ Excerpts of Hillary Clinton’s previously secret speeches to big banks and trade groups in 2013 and 2014 show her exalting the work of her hosts, hardly a surprise when these groups paid her up to $225,000 an hour to chat them up. Far from chiding Goldman Sachs for obstructing Democratic proposals for financial reform, Clinton appeared to sympathize with…[...]
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The Preservation Letter: A Critical First Step One way to establish that the records are incomplete is through a preservation letter. A properly drafted preservation letter demands that the servicer or foreclosing party retain and produce all records, communications, and documents relating to the loan. Once sent, follow up with discovery requests (interrogatories, requests for admission, and requests for production).…[...]Continue Reading
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