LIS PENDENS --- see usury, Temporary Restraining Order, Lawsuit, Burden of Proof (1) Latin for "a suit pending." The term may refer to any pending lawsuit. (2) A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the…[...]

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Tags: BOND, foreclosure defense, foreclosure offense, lis pendens, usury
Posted in Eviction |

They might have meant to do it and they might not have thought of it, but the effect of the funding created by The Federal Reserve that bailed out the investment banks so that the investment banks could bail out the investors in ABS certificates, is that the mortgages and notes are satisfied twice over and the borrowers have already…[...]

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Tags: ABS certificates, bailout, fair market value, Federal reserve, foreclosure defense, foreclosure offense
Posted in Eviction |

I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER "ABOUT NEIL GARFIELD" AND ELSEWHERE AS POSTED BY MARIO KENNY. HE'S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY LIE TO THE SEC THEY…[...]

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Tags: criminal acts, duty to disclose, duty to record, foreclosure defense, foreclosure offense, securitization
Posted in Eviction |

I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER "ABOUT NEIL GARFIELD" AND ELSEWHERE AS POSTED BY MARIO KENNY. HE'S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY LIE TO THE SEC THEY…[...]

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Tags: cross examination, evidence, foreclosure defense
Posted in Eviction |

CONFLICT OF LAWS: Most states have adopted the Uniform Commercial Code without making any revisions. The UCC is an outgrowth of the Uniform Code arising from the Hague conventions. Thus the laws concerning indorsement, transfer, accommodation and assignment date back hundreds of years from common law from over 30 countries. Variance in application of these laws carries with it the…[...]

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Tags: accomodation indorsement, assigment, foreclosure defense, indorsement in blank, UCC
Posted in Eviction |

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, DEUTSCHE  BANK     NATIONAL TRUST COMPANY , AS TRUSTEE Plaintiff, Case No.: vs.                                DIVISION: 02 . xxxxxxxxCITIBANK, FSB, UNKNOWN TENANT(S) IN POSSESSION #1 AND #2 et al Defendants. ____________________________________/ DEFENDANT’S EMERGENCY MOTION TO VACATE JUDGMENT Comes now the defendant,…[...]

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Tags: default, foreclosure defense, motions, summary judgment, vacate judgment
Posted in bubble, Eviction |

OK, I admit it, I didn't know what it was either. But someone of higher linguistic ability than me referred to it as though I knew what it was. So I looked it up and sure enough it not only was appropriately used by him, it is the BEST word to describe the relationship between the various people and entities…[...]

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Tags: agency, conspiracy, foreclosure defense, foreclosure offense, procuration
Posted in Eviction |

Kentucky Appeals Court Affirms Lower Court "Kibosh" On Arbitartion Clause In Mortgage; Homeowners Facing Foreclosure To Have TILA Claims Heard In Richmond, Kentucky, The Richmond Register reports: * The Kentucky Court of Appeals has ruled in favor of a Waco couple who were the subject of a foreclosure action by Bank of New York Trust Company and Mortgage Electronic Registration…[...]

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Tags: appeals, arbitration, TILA
Posted in Eviction |

Monday, August 25, 2008 Breathing Life Into A Stale, Time-Barred Truth In Lending Act Claim Earlier this year, an article in the law firm Stroock, Stroock & Lavan's Subprime Task Force Special Bulletin(1) contained a discussion on the 2008 California Federal Court decision in Monaco v. Bear Stearns Residential Mortgage Corp.(2) which, it appears to me, illustrates a way how,…[...]

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Tags: statute of limitations, TILA
Posted in Eviction |

What is amazing about this win, is that it took place long after sale, long after evictions proceedings had been tried and tried again. Good Going Legal Aid! Hello Neil, Per our conversation yesterday, I just wanted to let you know that I won my court case today for the Unlawful Detainer against me. My Legal Aid attorney argued that…[...]

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Tags: foreclosure defense, foreclosure offense, Unlawful Detainer
Posted in Eviction |