A mistake is not the less so, and will never grow into a truth, because we have believed it a long time, though perhaps it be the harder to part with; and an error is not the less dangerous, nor the less contrary to truth, because it is cried up and had in veneration by any party."—Locke, in King's Life of him, second…[...]

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Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 3PM Pacific, 6pm Eastern Thursdays The contrived complexity of the securitized home "mortgage" industry is confounding lawyers, judges, homeowners, regulators and legislators. But it is no more contrived to great complexity than the use by Wall Street banks who were…[...]

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see https://www.youtube.com/watch?v=EDw6w0r4yZ8 The only names you see are the ones that the Wall Street banks want you to see. They're all placeholders, brokers, or conduits. None of them do anything. They don't lend money, they don't collect money and they don't own any debt, note or mortgage. And for those in litigation, they don't create records at or near the…[...]

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The key to all successful foreclosure defense strategies is to test the facts instead of assuming you know. Most people have their eyes glaze over as soon as you start talking about this. Does the mortgage follow the note or does the note follow the mortgage? The real  question in the minds of nearly every layperson, lawyer, and judge is…[...]

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Be aware that in many cases no human hand has ever touched the documents. Nobody signed it. Securitization was always intended to extinguish the debt without barring the ability to enforce it. This legal impossiblity has been treated as "law" for nearly 25 years.  This is increasingly true as human forgers and robosigners are no longer necessary due to technology…[...]

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It's nice to be in the position where people do research and send it to me. It seems that Florida Statutes explicitly prohibit anyone other than an authorized trust officer who works for the alleged trustee to sign any oath, affirmation or certification. That means that no agent claiming powers from the trustee can do so. The trustees is already…[...]

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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 For the past 15 years, I have been hearing complaints about law enforcement and regulators who got it all wrong about securitization. The sad fact is that they didn't get it wrong. They knew what was happening, they initially…[...]

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Tags: American Brokers Conduit
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It is axiomatically true that anyone who steals money or property should not be allowed to keep it. It is equally true that anyone who obtained money or property under false pretenses should not be allowed to keep it. We have laws that enable individuals and government agencies to claw back such monies. This is the way an orderly society…[...]

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I was recently reminded of this deposition. The witness quite innocently indicts the entire foreclosure process as being extra-legal without realizing it. Extra-legal is merely a phrase used by me and some others to describe something that is not prohibited by statute specifically but is (a) not authorized by law and (b) not consistent with existing laws as to intent…[...]

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see https://www.law360.com/banking/articles/1379222/ex-occ-head-defends-true-lender-rule-as-dems-eye-repeal?nl_pk=174037a3-be4b-4c3d-91af-6410a938b802&utm_source=newsletter&utm_medium=email&utm_campaign=banking   This is a lot like 2008. But then the banks threatened to pull the plug on all trading platforms for bonds and other securities. They managed to convince a large number of decision-makers in the nation's capital and in State capitals around the country that if securitization "infrastructures" were compromised, the entire financial system would collapse thus…[...]

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