See also provident-bank-v-silverman-super-duper-explanation-of-ucc-transferres-holders-and-holders-in-due-course-and-perfecting-title-to-note-or-mortgage  KISS – Keep It Simple Stupid Totaled Cars and Totaled Mortgages - Credit Default Swaps – CDS – 101 By Brad Keiser OK this article is for those newer readers and tenured Livinglies devotees as well as those who have attended Al Pacino’s(oops I mean Neil Garfield’s ) workshops and are not quite yet fluent in Garfieldeese…[...]

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Tags: borrower, brad keiser, credit, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, predatory lending, rescission, RESPA, securitization, TILA audit, trustee
Posted in bubble, Eviction, securities fraud |

Credit Card Companies Willing to Deal Over Debt Bank of America says it eased off on more than 700,000 credit card holders in 2008, lowering interest rates and some balances. By ERIC DASH Published: January 2, 2009 Hard times are usually good times for debt collectors, who make their money morning and night with the incessant ring of a phone.…[...]

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Tags: borrower, Chapter 13, credit, disclosure, fraud, lender, Lender Liability, lost note, predatory lending, RESPA, RICO, securitization, TILA, TILA audit
Posted in bubble, Corruption, securities fraud |

January 4, 2008 info@aztreasury.gov Dear Mr. Martin: The Arizona Republic reports today that you and others in government have asserted that the State of Arizona is about out of cash. Others have described the state as "broke." What you are missing is one very large receivable due to the state and county governments --- hundreds of millions of dollars in…[...]

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Tags: bailout, credit crisis, disclosure, foreclosure defense, foreclosure offense
Posted in bubble, Corruption, Eviction, securities fraud |

Would You Pay $103,000 for This Arizona Fixer-Upper? That Was Ms. Halterman's Mortgage on It; 'Unfit for Human Occupancy,' City Says By MICHAEL M. PHILLIPS AVONDALE, Ariz. -- The little blue house rests on a few pieces of wood and concrete block. The exterior walls, ravaged by dry rot, bend to the touch. At some point, someone jabbed a kitchen…[...]

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Tags: borrower, credit crisis, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, mortgage meltdown, quiet title, rescission, RESPA, RICO, securitization, TILA
Posted in bubble, Corruption, Eviction, securities fraud |

Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeking recovery of property and money through receiver and damages against the lawyers who filed the foreclosure suits. whittiker_v_deutsche_bank_complaint In the United States District Court for the Northern District of Ohio, eastern Division, Case no. 1:08CV300, Judge David D. Dowd, Jr. Whitaker v Deutsch Bank et…[...]

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Tags: borrower, Deutsch Bank, disclosure, foreclosure defense, foreclosure offense, fraud, lawyers, Lender Liability, RESPA, RICO, TILA, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Happy New Year! We have much to talk about this year as we push forward. By all accounts, the economy, the dollar, the foreclosures, the job situation etc are all getting worse by the minute. Even if Obama is a magician it will be 2 years before there is a glimmer of hope. The homeowner aid programs are window dressing.…[...]

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Tags: bailout, borrower, credit crisis, Federal reserve, foreclosure defense, foreclosure offense, lender, Mortgage, Obama, predatory lending, quiet title
Posted in bubble, Corruption, Eviction, securities fraud |

The complete Trustee powers from a standard Pooling and Servicing agreement: Section 8.01 Duties of the Trustee. The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth in this Agreement. In case…[...]

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Tags: borrowers, disclosure, foreclosure defense, foreclosure offense, lender, lost note, Mortgage, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

From Comments: Literally 2 years out of Bankruptcy we were granted an 80/20 loan on stated income. I found that our appraiser, has had his license revoked for multiple violations including inflation of a property within 20 blocks of our residence. Furthermore, it was determined that an appraisal review fee was paid to First Franklin in the amount of $100.00…[...]

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Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, lender, Mortgage, TILA audit
Posted in Uncategorized |

Question: Mr. Garfield, you have just answered another question. The Plaintiff just filed for a "summary judgment" on the grounds of this matter supposedly not being contested. I sent them back a motion of opposition with affidavits and the court's docket contradicting their allegation. The motion is set for a hearing on January 6th which I also requested continuance along…[...]

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Tags: bankruptcy, disclosure, foreclosure defense, foreclosure offense, fraud, Mortgage, predatory lending, TILA audit
Posted in Corruption, Eviction, securities fraud |

1. It isn't illegal or prejudicial to a plaintiff trustee’s case for it to have acquired rights or be assigned a mortgage AFTER a borrower is in default --- but it DOES raise issues of fact that must be heard by the Court. Since the Mortgage went into default there are several possibilities: (a) under the pooling and service agreement…[...]

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Tags: borrower, Chapter 13, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |