As mortgagee of record, MERS holds mortgage liens. When MERS serves as mortgagee of record, it does so as a nominee of the corresponding Lender and that Lender’s successors and assigns. It is through this nominee relationship with the current Lender that any separation or splitting of the mortgage from the note is prevented. In other words, if the Lender…[...]
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Why Securitization Does and Should Make a Difference to Consumers Who Think They are Borrowing.
May 28, 2021
It's true. Transactions with consumers have in fact been securitized. What consumers and their lawyers fail to realize is that the securitization of the transaction does not mean that securitization of the underlying obligation or legal debt has occurred. The fact that such a nuance exists is beyond the knowledge and understanding of any person outside of the inner circle…[...]
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It is correct to say that Article 3 of the Uniform Commercial Code adopted in all US jurisdictions applies to negotiable instruments and that article 9 applies to secured transactions. Article 3 and negotiable instruments are, in the context of foreclosures, promissory notes --- if the notes are officially valid and otherwise comply with the elements of a negotiable instrument.…[...]
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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 It all comes down to one thing. This "Thing" is never stated but always there. Focus on this thing and you will enhance your chances of victory against companies claiming to be servicers. They're the ones who hire the…[...]
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American Property Owners Network (APON) is a new nationwide 501C4 organization -- less than 1 year old -- whose mission is to unite homeowners and property owners in seeking and pursuing more successful strategies to combat illegal foreclosures (often called "fraudclosures"). APON PRESS RELEASE You can learn more about us by visiting our website at apropertyownersnetwork.org, and by attending our…[...]
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There are two things that are absolutely true. You can prove it by doing the work yourself. The first is that if you do a Google search in which your primary search criteria is expressed as "foreclosure fraud," the only response you will get will be cases involving fraud committed by anyone but a bank. If a bank did it,…[...]
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How to Prepare Yourself for Consult with Neil After Preliminary Document Review is Completed
May 24, 2021
The Preliminary Document Review (PDR) is our most popular offering. * The purpose of the Preliminary Document Review (PDR) is to have me visually scan all documents that you sent to me. This is not an in-depth analysis and strategic plan. It is an overview that results in me having enough information to tell you my impression of your current…[...]
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The only thing we got wrong was that in many cases the originated transaction was not a loan and investors were never purchasing homeowner transactions. They were purchasing unsecured IOUs issued by investment banks who were operating under the name of a fictitious trust that was created solely for receiving bare naked title to documents, while expressly excluding any right,…[...]
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The courts will always at least initially consider the points that you are raising to be technical attempts to escape liability for a legal debt. You need to reframe the situation. And the way that is done is by changing the case from "Bank vs Homeowner" to "Judge vs foreclosure mill", for failing to comply with the rules, and court…[...]
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