Parties claiming a right to foreclose allege they are the "Holder" and do not allege they are the holder in due course (HDC) because they are ducking the issue of consideration required by both Article 3 and Article 9 of the UCC. So far their strategy of confusion is working. They are directly or impliedly claiming they are the holder…[...]

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Tags: article 9 UCC, Assignment of mortgage under Article 9, debts, holder in due course. UCC, holder under Article 3, mortgages, notes, originator of loan, originator of note execution, secured transactions, structured finance, UCC, UCC Article 3, UNIFORM COMMERCIAL CODE
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure defense attorney. The note, mortgage…[...]

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Tags: assignment, best evidence, evidence, FOUNDATION, hearsay, Mortgage, note as evidence of the debt, OBJECTIONS
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

The complexity of money is not apparent to us until we parent a child who asks about it. It doesn't take long for us to get stuck, not knowing the answer to the child's questions. What is money? Where does it come from? Where does it go? Where is our money? Does the bank have all our money? What does…[...]

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Tune in. I’ll be answering questions tonight. Remember this is not legal advice on any particular case and is NEVER to be taken as a substitute for advice from a lawyer licensed in the jurisdiction in which your property is located. Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Zone…[...]

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I have spent the last 7 years developing the narrative for an expert opinion that could be presented, believed and sustained in court. In writing to a probable new expert we will offer through the livinglies.store.com I summarized what attorneys should be looking for when they consult with an expert in structured finance (i.e., derivatives, securitization etc.). Here  are some…[...]

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Tags: borrower, disclosure, expert, EXPERT DECLARATIONS, EXPERT EVIDENCE, expert opinion, expert witness, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, Mortgage, mortgage note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

I recently received the following email from a former US Government Criminal Fraud Investigator. I thought I would share it with you. ----------------------------- I agree 100 percent with your findings.   I am a former Agent for the US Government Criminal Investigation Division and have investigated many, many foreclosure cases, most of which I  have found  absolute fraud, misrepresentation, fraudulent, fictitious, manufactured…[...]

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Regulators have confirmed that there were widespread errors by banks but that the errors didn't really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn't have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance alleged to be due could…[...]

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Tags: appraisal fraud, bailout, borrower, disclosure, foreclosure defense, foreclosure fraud, foreclosure offense, LOAN MODIFICATION, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Pleading, Servicer |

Feeling the heat as an increasing number of judges and regulators piece together the gigantic puzzle called "securitization," the "sales" of "loans" and bonds continues in jumbo fashion. The numbers are staggering with purported "sales" of hundreds of billions of dollars of loans. So who is foreclosing, who is getting the proceeds of sales, who is getting the money, the…[...]

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I'm back. Read my last post and for that matter give a look at some of the other things Matt Weidner has written. Just me tonight. No Guest. But we are adding question and answer to the show, from now on. Tonight we will discuss different strategies for confronting the lies and the incompetency (legally speaking as well as literally)…[...]

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I am a fan of Matt Weidner. Like a breath of fresh air he understands the full implications of the false claims of securitization, the fraudulent foreclosures, the fraudulent reporting by banks to regulatory agencies and the false statements of financial condition they report to the SEC. Best of all he has maintained his sense of outrage at the banks,…[...]

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Tags: due process, EQUAL PROTECTION, Matt Weidner, perjury
Posted in Corruption, discovery, evidence, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |