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…[...]

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Tags: Bayview, Citimortgage, foreclosure defense, foreclosure offense, fraud, securitization
Posted in legal standing |

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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Tags: foreclosure defense, foreclosure offense, fraud, MLS, Mortgage Loan Schedule, presumptions, PSA, REMIC TRUST, securitization
Posted in Uncategorized |

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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Tags: disclosure, foreclosure defense, foreclosure offense, fraud, presumptions, securitization
Posted in Uncategorized |

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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Tags: CASE NO.: 12-38811 CA 0, depositor trust, foreclosure fraud, hsbc v buset, judge butchko, Ocwen, securitization fail, securitzation fail
Posted in Uncategorized |

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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Tags: finality, florida foreclosure, foreclosure, NEIL GARFIELD, res judicata, statute limitations
Posted in Uncategorized |

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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Posted in Uncategorized |

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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Posted in Uncategorized |

Listen Here: https://youtu.be/jOeAe9zT5D0 Yesterday, attorney James "Randy" Ackley appeared on the Neil Garfield Radio Show.  The show was a fascinating discussion about banks' creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose. Neil and Randy addressed why the courts were allowing loan servicers to present evidence that was hearsay, often fraudulent…[...]

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Tags: foreclosure, james randy ackley, neil garfield radio, robosigning, standing
Posted in Uncategorized |

by William Hudson Neil Garfield is adamant that if consummation did not occur, there can be no contract. His belief is supported by hundreds of years of contract law (including the marriage contract). In regards to marriage, most people know if consummation occurred, yet when it comes to taking out a securitized loan like a mortgage, most people only assume…[...]

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Tags: consideration, consummation, creditor, foreclosure, fraud, Sarbanes-Oxley Act, standing
Posted in Uncategorized |

Attorney James "Randy" Ackley will be the guest on Neil Garfield's Radio program on Thursday, April 28, 2016 at 6 pm EST. Neil and Randy will discuss why the illusion of standing is insufficient to foreclose. South Florida attorney James "Randy" Ackley knows a thing or two about the devastation of losing a home be it by a natural disaster…[...]

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Posted in Uncategorized |