Due to scheduling conflicts, I am unable to appear on the Neil Garfield Show tonight. Click on the links for past shows --- there are hundreds of them! Nobody realized that investment securities brokers were seeking to convert themselves into a printing press for hypothetical money. They were allowing investment banks to securitize imagination. Any hypothetical event, movement or data…[...]

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If you refer to the company that has been named as the "servicer" for your "loan", as your servicer or your lender, you are already wrong. Regardless of what company is named as "servicer", it is not receiving any payment that you have ever directed to them or any predecessor company that was designated as "Servicer" (most likely by a…[...]

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The underlying obligations had long since been eliminated by the process of securitization. But by not reporting the elimination of the loan account receivable, Wall Street has been able to maintain the illusion that they still exist. There are some strategies that show promise on the early end of this spectrum. But first, you have to establish the inability of…[...]

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  If anything is crystal clear today, it is that there is no federal or state government agency that is going to help the consumer or specifically homeowners. In this re-publish of an article by RICHARD BOWEN, the complicity of the SEC in adding and abetting securitization illusions and delusions is readily apparent. see https://richardmbowen.com/the-bank-foxes-are-guarding-the-sec-chicken-coop/?fbclid=IwAR1W3HUiXoOJsfX7M6lDSnJ24ZKxTn5HmVn_6gGUVV8XUOgPk0heGM7d-mQ Here are some quotes from…[...]

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So in a minor release, you have the following, trumpeting the legal prowess of the Orrick firm, representing Credit Suisse and its subsidiary DLJ. A lawsuit was filed purportedly on behalf of U.S. Bank seeking to enforce repurchase obligations that DLJ had issued and which Credit Suisse would be required to honor if they were valid. This is all part…[...]

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F.S. 679.203: a security interest is not enforceable against the debtor or third parties with respect to the collateral and does not attach unless: ... (b)  Value has been given... [e.s.] Fla. R. Civ. P. 1.115: (a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or other lien which secures a promissory note on residential real property,…[...]

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Once consumers and homeowners get it out of their head that they were not paid as part of a loan transaction and instead they were paid for participating in an undisclosed securities scheme, they will easily see that the money paid to them, coupled with a promise to pay it back, was a ruse in which the homeowner got paid…[...]

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RESPA is a consumer protection statute that regulates the real estate settlement process, including loan servicing and assignments. 12 U.S.C. § 2601(a). In 2010, RESPA was amended pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010), which, among other things, added provisions governing the way in which federal mortgage loan…[...]

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Any lawyer can win these cases by simply challenging the basic premises of the action, to wit: the existence, status, and ownership of the presumed loan account. there is no experience of default by any creditor. That means that the declaration of default is false. And that means that the conditions precedent to foreclosure are absent. This is the sticking…[...]

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A Sarasota Judgment That Shook the Foreclosure Machine A 2020 Sarasota, Florida judgment shows the deep gap between foreclosure fantasy and reality. The case: U.S. Bank, as Trustee for the LSF11 Master Participation Trust v. Cheri Melchione, Case No. 2011 CA 5724 NC (12th Circuit Court, Sarasota County, Florida). The plaintiff—LSF11 Master Participation Trust—was no more real than LSF9, its…[...]

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Tags: bankruptcy, foreclosure defense
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