Editor's Comment: It is no small wonder that the banks are scared. After all they created MERS and they control MERS and many of them own MERS. The Washington Supreme Court ruling leaves little doubt that MERS is a sham, leaving even less doubt that an industry is sprouting up for wrongful foreclosure in which trillions of dollars are at…[...]

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Tags: AIG, AMbac, bailout, banks, congress, credit default swaps, insurance, Master Servicer, MEGABANKS, MERS, Supreme Court, TOXIC WASTE, voting, WASHINGTON, wrongful foreclosure
Posted in bubble, Corruption, Eviction, securities fraud |

Deny and Discover, is the strategy developed by Neil Garfield and presented in recent seminars. The results have been profound. Those who employed it correctly have seen mostly rulings in favor of the borrower/debtor. Become a member (CLICK HERE TO SUBSCRIBE NOW) and you will be invited to our twice monthly discussions of strategies and tactics that work in foreclosure…[...]

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Posted in bubble, Corruption, Eviction, securities fraud |

  I started thinking about different procedural matters that are the likely subject of objections that could be sustained by a trial judge and would most likely be affirmed by an appellate court. As for the authority of the BKR judge, the appropriate objection would seem to be that the court is not really a court and that the hearing…[...]

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Tags: foreclosure defense
Posted in Corruption, Fabrication of documents, foreclosure defenses, Foreclosure Questions |

In the attached white paper, it is clear that many of the findings and judgments of Bankruptcy judges have dubious standing. Once referred to as Referees, and appointed under entirely different rules, subject to removal without tenure etc.., the elevation of the people serving on the bench to the term "Judge" is what is causing the problem. In the Stern…[...]

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Tags: BKR, district judges, Findings of Fact, judges, referees, Stern
Posted in bubble, Corruption, Eviction, securities fraud |

As most of you know, I don't advertise or allow advertisements from banks or other vendors all of whom bombard me with such requests. I don't want to dilute the message of the livinglies blog. But I have known the people who started this Family Savings Cooperative and it is working. The dues are more than reasonable ($30 lifetime membership)…[...]

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Posted in Uncategorized |

I keep getting the same feedback. I tried the Garfield method but the Judge wasn't buying it. From many others, I am getting feedback that they prevailed on the motion to lift stay, they prevailed on the motion to dismiss and they prevailed on the motion for summary judgment. So what is the difference? The reason is that the methods…[...]

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Posted in bubble, Corruption, Eviction, securities fraud |

US Bank plays games with the wording of its "trustee" authority. They did it again here. They did not say they were appearing on behalf of the trust or the beneficiaries. In fact they failed to state that there were any beneficiaries. NO beneficiaries, no trust. In this case, their wording is corroborated by the evidence of lack thereof. They…[...]

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Posted in Uncategorized |

On a Scale of 1-12, 11-12 would be beyond a reasonable doubt (criminal cases), 8-9 Clear and convincing evidence (fraud), 6-8, preponderance --- i.e., more likely than not (normal civil cases), 3-4 probable cause (criminal --- reasonable basis to believe that a crime has been committed and there is a reasonable basis to conclude that the prosecution could prevail based…[...]

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Posted in Uncategorized |

Based upon the latest info coming into us I have no doubt that in most cases there was no trust and that no court would find that there was a trust. There is no  trustor, beneficiary, funding, assets, bank accounts or even the appearance of being managed by the trust departments of banks whose trust departments fill multiple floors of…[...]

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Posted in Uncategorized |

we keep seeing the same thing. The case goes to a brand new company that had nothing to do with origination, servicing, processing, paying the creditors, or negotiating for insurance and credit default swaps proceeds. The new company doesn't appear until long after the declaration of default, and the commencement of foreclosure proceedings. The an employee fo the company that…[...]

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Posted in Uncategorized |