The current custom and practice is to substitute a partial report that is entirely hearsay (usually titled "Payment History") for the expected and legally required loan account receivable. Such a report when revealed as such is not admissible into evidence if the homeowner raises an objection. * In the alternative the homeowner can get such reports out of the evidence…[...]

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I am often sent documents to review. And most of the documents purport to grant authority to some person or entity to do everything (or at least something) necessary to complete the process of foreclosure. In virtually all cases documents that are allowed to appear are merely part of the illusion of authority and not the source of Authority. In…[...]

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Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6 pm Eastern Thursdays Anyone who participated in the 9/29/21 CLE Webinar "Examination and Challenge of Assignments of Mortgage" must have come away with at least this takeaway --- the devil is in the details. And as I repeatedly suggested…[...]

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As promised we are doing a follow-up telephone conference to my CLE presentation of "Examination and Challenge of Assignments of Mortgage". It was conducted live via ZOOM webinars at 3 pm on Wednesday, September 29, 2021.  The follow-up conference call details are below. I am announcing here to allow nonparticipants in the Webinar to listen to the Q&A. Participants can…[...]

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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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Tags: consumer lending, forbearance, modification
Posted in Corruption, Fabrication of documents, securities fraud, Servicer |

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…[...]

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Tags: foreclosure defense, fraud
Posted in Fabrication of documents, legal standing, securities fraud, Uncategorized |

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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