Many of the cases are technically "won" by homeowners who successfully point out that at the time the foreclosure commenced, the named claimant (plaintiff/beneficiary) did not have possession or construction possession of the promissory note and therefore had no legal standing to file suit. Common law precedent asserts that the judge is mandated to dismiss without prejudice which means the…[...]

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Understanding the Financial Industry Through Linguistics: How Applied Linguistics Can Prevent Financial Crisis by Richard C. Robinson and John Doukas   I recommend the above book. Like the ancient Greek philosophers, I believe in first defining our terms before entering a discussion. I have consistently reported that so-called REMIC Trusts are neither REMICS nor trusts. The question has been posed to me then…[...]

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From Wikipedia, here is a description of some of the activities surrounding the collapse of LTCM (Long-Term Capital Management in 1998: At the beginning of 1998, the firm had equity of $4.7 billion and had borrowed over $124.5 billion with assets of around $129 billion, for a debt-to-equity ratio of over 25 to 1.[17] It had off-balance sheet derivative positions with a notional value of…[...]

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A REMIC trust is an acronym for Real Estate Mortgage Investment Trust. The problem, as we shall see here in this article, is that no such entity exists in most cases. That, in turn completely undermines claims by the lawyer representing the foreclosure mill, the claims asserted allegedly on behalf of the so-called REMIC TRUSTEE, and the claims (authority)of the…[...]

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I will generally not be available for communications or work on Monday, Wednesday or Friday starting at 1:30PM until November of 2022 when I complete cardiac rehab.   Sincerely, Neil Garfield[...]

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Based upon 16 years of research, an investigation by our company, an investigation by third-party forensic analysts, and an investigation by law enforcement and law markets (see 50 state settlement, for example), it is legally, factually, and axiomatically true that lawyers who initiate foreclosure actions are most likely doing so without the benefit of a client who has a legally…[...]

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The securitization scheme invented back in early 1970,s and gradually introduced into the lending marketplace starting in 1983, is so complex, convoluted, and misleading that it is easy to miss the focus of the plan and, therefore easy to miss the opportunities presented to homeowners and other consumers when they challenge claims. Summer Chic asked the question about suing the…[...]

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I recommend against raising an issue that you cannot prove. Specifically, the allegation that there are false claims of securitization of debt broadens the litigation beyond that which the judge is likely to consider. Further it probably requires an allegation of fraud which increases your burden of proof to clear and convincing from the normal preponderance of the evidence. And…[...]

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As foreclosure filings and threats spike, so too will the number of fraudulent offerings that guarantee you an outcome, require upfront payment or worse --- ask you to deed the property to the kindly person who has "all the answers." Nobody has all the answers, and nobody can guarantee anything regarding foreclosures, modifications, or settlements. If they say they do…[...]

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I have been saying for years that the continuation of current securitization practices will result in another crash similar to 2008, although perhaps not quite severe. A key indicator is the number of pretender lenders that file for bankruptcy. It is spiking as you can see from the article contained in the link below. see https://finance.yahoo.com/news/us-mortgage-lenders-starting-bankrupt-191500850.html Lawmakers and law enforcement…[...]

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