US Bank v. Nelson, 36 N.Y.3d 998, 1000 (N.Y. 2020) (“Whether a plaintiff is a party to a contract – and therefore can sue for breach of contract – is not a question of "standing." New York law suggests that true standing must be pleaded as an affirmative defense. But whether a plaintiff is a party to a contract and, therefore,…[...]
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After a few extensions, the mortgage payment pause officially ended — or will be ending soon — for 1.2 million out of an estimated 1.7 million loans that remained in forbearance as of August, according to CoreLogic. Wall Street is busy churning out even more disinformation than before because they are trying to avoid a mass revolution from consumers. The…[...]
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This is an example of how the investment banks are responding to me without specifically giving me or my websites oxygen. * They are now attempting to file affidavits from parties that appear to be the actual claimant and who appear to be The owner of the underlying obligation, the legal debt, the note and the mortgage. In truth, however,…[...]
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PSA ≠ Trust Agreement: The “Bare Naked Title” Trap Driving Modern Foreclosures TL;DR: A Pooling & Servicing Agreement (PSA) is not a trust agreement. In many MBS foreclosures, only bare legal title is shifted—without any transfer of the underlying debt. Under UCC 9-203 (adopted verbatim in all U.S. jurisdictions), no one can enforce a mortgage or deed of trust unless…[...]Continue Reading
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays In the last show, we talked generally about how the promissory note morphs from a promise to pay a debt into a security that is simply an agreement between someone who does not own the debt and someone…[...]
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All successful defenses to foreclosure attempts basically come down to one fact: When tested, the claim cannot be supported because it is untrue. PURCHASE MY TWO HOUR WEBINAR ON DEMAND ON EXAMINATION AND CHALLENGE OF ASSIGNMENTS OF MORTGAGE --- CLICK HERE I see in threads of emails that are shared with me considerable discussion and debate over whether the "loan"…[...]
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Hat tip to Summer chic From the very beginning --- when homeowners or prospective homeowners are first applying for a loan or refinance --- they are faced with (a) understanding the transaction (something that TILA was supposed to fix) (b) whether to go on offense and (c) whether to just wait and go on defense. Nobody wants to sign into…[...]
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EVERYONE GOT PAID. THERE IS NO FORECLOSURE INVOLVING A REMIC TRUST IN WHICH ANYONE HAS LOST MONEY BECAUSE A HOMEOWNER DIDN'T MAKE A PAYMENT. All assignments "for value" in such siotautions are fake and false. I don't know why I keep doing it but ever since both decisions were in existence I have continually mixed up the names. I did…[...]
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If the claimant is only a holder it is highly probable that he is neither a holder in due course nor a true lender or creditor. If it was otherwise, he would say so. And only a party who has paid value for the underlying obligation may enforce a mortgage. (Article 9 §203 UCC, adopted verbatim in all U.S. jurisdictions).…[...]
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Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays * You have often heard me speak about how the foreclosure mills want to talk about the note but foreclosures are about the mortgage or deed of trust. Those are governed by two sets of rules or laws that…[...]
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