Held Hostage by a Home Depending on reader response- this column may become an ongoing Sunday feature on LivingLies. Let us know what you think. ______________________________________________________________________ Although Neil Garfield eloquently describes the legal dynamics of foreclosure, there is also a human battle waged in millions of homes nationwide that remains hidden behind walls of shame, fear and anger. Families are…[...]
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By William Hudson Despite what they may claim- Fannie Mae does not own any note that was previously securitized. The trust does (or is supposed to anyways). Fannie Mae, by their own admission, owns nothing. Fannie Mae acts as a guarantor (insurer) but often forecloses in its own name or a servicer’s name, thus deceiving the court. Fannie Mae’s secondary…[...]
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http://www.brooklyndaily.com/stories/2016/19/_all-obit-arthur-schack-2016-05-06-bd.html " If you are going to take away somebody’s house, you have to do it the right way,” Schack told the New York Times in 2008. “You have to have due process, and the law has to be followed.” "That year, he refused to allow foreclosure in 13 out of 14 published decisions in the first seven months, dismissing…[...]
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THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. For an overview of our services: https://livinglies.me/2016/04/11/what-can-you-do-for-me-an-overview-of-services-offered-by-neil-garfield/ In yet another reminder that the people pushing foreclosures are neither “lenders” nor traditional “servicers,” the Montana Supreme Court upheld a $427,000 award against Bayview Loan Servicing (fronting for CitiMortgage). As more decisions…[...]Continue Reading
At no time were the Trusts anything but figments of the imagination of investment banks. As an exhibit to the alleged Pooling and Servicing Agreement, the Mortgage Loan Schedule" appears to have legitimacy. Peel off one layer and it is an obvious fraud upon the court. The only reason the banks don't allege holder in due course status is because…[...]
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In the final analysis nearly all foreclosures have been rubber-stamped based upon facts that are presumed to be true but which are untrue. * In my opinion every case lost by homeowners has been the result of the court using legal presumptions and shifting the burden of persuasion onto the homeowner who has been stonewalled, with the court's help, during…[...]
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By William Hudson Buset-Final-Order-Granting-Mtn-for-Involuntary-Dismissal CASE NO.: 12-38811 CA 01 HSBC v BUSET JUDGE: BEATRICE BUTCHKO The Honorable Judge Beatrice Butchko of Florida’s 11th Judicial Circuit, Dade County, Florida granted an involuntary dismissal against Plaintiff HSBC for unclean hands, lack of competent evidence and an order to show why plaintiff shouldn’t be sanctioned for fraud upon the court under the court’s…[...]
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Our services: https://livinglies.me/2016/04/11/what-can-you-do-for-me-an-overview-of-services-offered-by-neil-garfield/ I have not commented on the arguments regarding the statute of limitations here in Florida. It is time I did. The article here points out that the 3rd DCA has bent over backward and essentially broken its own backbone by creating legal fictions to save the banks. What they continue to ignore is that saving the banks…[...]
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by William Hudson Over 17,000 loans placed on foreclosure hold, that Ocwen likely has no right to foreclose upon in the first place. Ocwen not only has been posting huge financial losses this year, but the non-bank servicer has finally been halted from foreclosing on more than 17,000 loans it services due to violations of the National Mortgage Settlement that…[...]
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By William Hudson To Listen: https://youtu.be/jOeAe9zT5D0 Attorney Neil Garfield and James “Randy” Ackley got into a discussion on the Neil Garfield Show about why the courts were allowing loan servicers to present evidence that was hearsay, often fraudulent and did not comply with the rules of evidence. Ackley stated that, “The court is allowing evidence to be introduced that would…[...]
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