APPROVED FOR 2.5 CLE CREDITS APPROVED BY THE FLORIDA BAR HOMEOWNER ATTENDANCE PERMITTED Live and On-Demand Available What to Look for in Examining an Assignment How to Successfully Litigate the Issues How lawyers can make money in this niche APON and GTC Honors, Inc. an approved host provider for CLE (for lawyers) credits in Florida and 26 other states that…[...]

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  The big problem in legal practice is acceptance of the idea that the servicer is the servicer. The practice guide is simple: test that proposition before you do anything else. This is the same strategy as what the litigator should do with the REMIC Trust, the REMIC Trustee and others. None of them are doing what you think they…[...]

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The laws of men on Wall Street are pushing out the laws of the country. It is time we pushed back. There are no laws of men --- not in this country! 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 * Fighting ghosts is challenging but…[...]

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If breathing was declared mandatory by any government in the world, there are people who would hold their breath in protest. Taking medical advice from such people might be hazardous to your health. Of course, you would not receive any advice because that would require exhaling, which would be breathing.[...]

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LEARN HOW TO FIGHT WITH HONOR AND WIN! Arthur Younger, a famous lecturer of nearly unparalleled skill, was fond of saying that "until you have done 50 trials you are not a trial lawyer. My condolences to the first 50 clients." If you stop hammering you only get a partially constructed house. Nobody lives there. Wall Street has been winning all…[...]

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So here is the central point: Article 9 203 UCC adopted in all states verbatim requires any claimant in foreclosure to have purchased the underlying obligation for value. In any case remotely related to some securitization structure that doesn't happen. Homeowners tend to win when they test that proposition and lose when they don't.  Since I began this effort 16…[...]

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There are two answers: First there is what everyone reasonably believes to be a servicer and then there is a the statutory definition of a servicer. see https://www.consumerfinance.gov/rules-policy/regulations/1024/2/#b-29-7 Most people think of a "bookkeeper." A servicer ought to be a party who physically receives the check for payment and deposits into an account owned and controlled by the servicer so…[...]

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the entirety of what is labeled as the securitization infrastructure is based upon a report that says something like this: "Here is our assessment of our own discretionary report regarding homeowner behavior in making payments that were scheduled but which are not due (at least not to us)." If there exists a trough full of money, it is not surprising…[...]

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The current foreclosure marketplace consists almost entirely of "next claimants"  without successors. the task of the legal practitioner or pro se homeowner is to attack the facial validity at the earliest possible time if for no other reason than to layout for the judge the defense narrative and then to test and reject the documents of transfer, i.e., the assignment…[...]

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Thursdays LIVE! Click or Call in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Bill will discuss on the Show today how a blanket lien granted by the OTS just prior the WAMU BK receivership of 2008 was used by the FDIC to in effect use the bk…[...]

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