see 09291401mpb Editor's Note: This case is important because the court is no longer making presumptions that all elements of "holder with rights to enforce" are present. It 180 degrees opposite to the "discretionary" rulings by trial courts that the loan and the transfers of the loan must be valid --- why else would the forecloser be i court. In…[...]

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see 201409_cfpb_consent-order_flagstar Editor's Note: More corroboration that the goal is the foreclosure judgment rather than a work out. In a workout the servicer cannot recover servicer advances and the broker dealer who sold the false mortgage bonds would be liable for refunds and repurchase equal to many times the alleged principal due on the loan. The principal and accrued interest…[...]

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Cashmere v Department of Revenue For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the…[...]

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Tags: Cashmere, Department of revenue, foreclosure, REMIC Tax litigation, trust beneficiaries
Posted in evidence, foreclosure defenses, Modification, Motions, Pleading, securities fraud |

This appeal represents another example of what is becoming a well established and predictable pattern. A homeowner in distress because of the meltdown of the financial markets applies to a lender for mortgage relief. The lender approves the homeowner’s participation in a government-funded program meant to lower mortgage payments and avoid foreclosure. The homeowner tries to comply with the terms…[...]

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For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a…[...]

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Tags: BAC, Bank of America, Bank of New York Mellon, BOA, countrywide, custodian, CWABS, CWALT, CWMBS, delivery of loan documents, Depositor, good faith, holder in due course, knowledge of borrower's defenses, ownership, proof of payment, purchase of loan documents, REMIC, trustee
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

Living Lies Narrative Corroborated by Increasing Number of Respected Economists It has taken over 7 years, but finally my description of the securitization process has taken hold. Levitin calls it "securitization fail." Yves Smith agrees. Bottom line: there was no securitization, the trusts were merely empty sham nominees for the investment banks and the "assignments," transfers, and endorsements of the…[...]

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Tags: Empty Trust, false securitization, fraud, holder in due course, LEVITIN, Mortgage, Naked Capitalism, note, REMIC TRUST, securitization fail, servicer misconduct, student loans, yves Smith
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

The offices of the Garfield Firm and GTC Honors (which runs the LivingLies Blog) are closed today and tomorrow. This is a scheduled post. The Neil Garfield show will air again next Thursday before sundown when Yom Kippur (day of Atonement) commences. To our Jewish readers, we wish you a Happy New Year. To our readers who pray in other…[...]

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Tags: day of Atonement, Robert Needham, Wall Street, Yom Kippur
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For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a…[...]

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Tags: ARTICLE 3, ARTICLE 9, assignments, debt, holder in due course, Note and Mortgage, purchase for value, UCC
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a…[...]

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Charles (Poppa Koppa) has been a tireless investigator since the mortgage misery began. It was he who saw the correlation between the amount of the wrongful "credit bid" at auction and the amount reported to investors and regulators and insurers and guarantors. I just received the following from him. He and his team are focusing in on the plain fact…[...]

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