current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of "anything but a free house." the Courts may think they are saving the financial system, the economy and our society from disintegration, but in truth they are…[...]

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Tags: consideration, debt, foreclosure defense, foreclosure offense, fraud, free house, note, securitization, YALE LAW REVIEW
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 40,000 people listen to the Neil Garfield Show. Maybe you should too. =============================== Tonight our guests include Charles Marshall, Dan Edstrom and Jim Macklin. We will take note of an increasing number of Judges who have gone far beyond skeptical…[...]

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The entire foreclosure mess has been predicated upon one huge false premise --- that by fabricating reams of paper, each one tied to the other or apparently tied to others, rights are suddenly created where none existed. This has never been the law but it suddenly has become the underpinning of most decisions in favor of banks and servicers who…[...]

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Tags: business records, disclosure, foreclosure defense, foreclosure offense, fraud, hearsay, POA, powers of attorney, presumptions, securitization
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Justice Rubin correctly anticipates the birth of a new black market industry --- stealing debts as part of a larger scheme of stealing money. In the context of an industry already using dubious tactics to collect on debts they have acquired, the prevailing notions in the minds of most judges allows for the question "Why buy the debts when you…[...]

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Tags: assumptions, disclosure, Eric mains, foreclosure defense, foreclosure offense, fraud, presumptions, Rubin, securitization
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see http://www.dailybusinessreview.com/id=1202752360518/Defense-Questions-Courts-Silence-on-Standing-in-Foreclosure-Cases?mcode=0&curindex=0&curpage=ALL   Sometimes you need to take a risk when you believe passionately enough about something. Mark Stopa who has broken  ground several times in defense of foreclosures is among those lawyers who are challenging the Florida 3rd DCA. Tom Ice has joined him in complaining about PCA opinions from the 3rd DCA. It seems this appellate court is…[...]

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1. Robo-Signing' Claims May Stick to U.S. Bank 2. Wells Fargo foreclosure manual on trial 3. Wells Fargo: Corporate Rap Sheet | Corporate Research ... 4. Lawsuits Against Wells Fargo Bank - Vaughn's Summaries 5. U.S. Bank Direct Loans Settlement - Walters Bender ... 6. U.S. Bank sued over forced-placed insurance | Legal News ... 7. U.S. Bank Pays $200 Million in Settlement of Banking Fraud…[...]

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The Banks called it "The Hustle". So why is anyone thinking it was anything other than a hustle? Judges need to reconsider their positions. They need to make the choice between their false perception of a "free house" and a "get of jail free card." The plain facts are that those so-called REMIC Trusts do not and never have existed…[...]

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Tags: disclosure, fabricated documents, fraud, media, mortgage backed securities, proceeds of sale, REMIC trusts, robosigning, securitization
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Neil Garfield, through his blog LivingLies has always claimed that court victories are usually won--based on the underlying evidence and facts presented in a lawsuit.  The Garfield Firm and Lending Lies team are looking to partner with Forensic accountants nationwide to defend against foreclosure fraud. If interested please email us at: info@lendinglies.com. Forensic accountants with accounting expertise and investigative skills…[...]

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That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area where the property has been…[...]

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Tags: assignment, CALIFORNIA, colalteral estoppel, Eviction, foreclosure defense, foreclosure offense, fraud, posession, res judicata, securitization, VOID, VOIDABLE, wrongful foreclosure, Yvannova
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I don't know how I missed this but 4closurefraud.com compiled a list of cases in which the banks lost. (See below) The basis on which they lost was simply the finding that the alleged Trust or Plaintiff did not own the debt, note or mortgage. This is the same as the San Francisco study that found that at least 65%…[...]

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Tags: admissions, bankruptcy petition, disclosure, foreclosure defense, foreclosure offense, fraud, securitization, standing
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