This is tricky. I have often had complaints dismissed because I didn't make it over the threshold requirements for surviving a motion that attacks the elements of fraud. So in answer to many questions posed to me, the main reasons why fraud allegations are ignored or dismissed are as follows: Some people think that mentioning fraud in oral arguments in…[...]

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A simple fact that eludes most pro se litigants is that they are litigating with a ghost. They have no obligation to defend the claim of a ghost except to challenge the foreclosure mill to at least allege or produce an exhibit that establishes the Plaintiff or beneficiary as a real legal entity that owns an existing debt from the…[...]

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The foreclosure case against you is an allegation claiming that you owe money to the claimant, that you failed to pay it, and a demand that the court force you to pay it. The allegations are contained in the body of the complaint, if in a judicial foreclosure (Mortgage), or the Notice of Default in a nonjudicial foreclosure (Deed of…[...]

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The nation's biggest banks are reporting lower and lower volumes of loans from their own balance sheet --- just as I predicted 14 years ago.  The latest article is by  Shahien Nasiripour of Bloomberg and reprinted by Washington Post. The dots are not being connected. Why should they loan off their balance sheet when they can make far higher profits…[...]

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The goal is to avoid strict registration and disclosure requirements and regulations by the SEC. That is the goal because the only way unscrupulous investment bankers can at least argue that they are not cheating anyone is by withholding information about the brand new investment vehicle. But they're cheating and they are creating nothing out of nothing and then selling…[...]

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Like always, there is the "in-group" and then everyone else. Ocwen is viewed as a hot trade even though it has no discernable business base other than receipt of income from conduits or sham conduits who have nothing to do except serve as conduits for payments of money to Ocwen -- but as long as it is needed as a…[...]

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The question is related to whether the SEC had undertaken any analysis of supposedly exempt MBS certificates. It is obvious that it has not done so. The agency has taken a position that is contrary to express factual and legal findings in thousands of court cases, administrative proceedings, and settlements. Such certificates are only exempt if they are in fact…[...]

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On April 19, 2013, the Office of the Comptroller of the Currency (OCC) published "Operating standards for scheduled foreclosure sales." This was about 5 years after public recognition of the mortgage meltdown, and 1 year after the infamous 50-state settlement in which the "servicers" and Wall Street brokers settled claims of fabrication of false documents that were forged, backdated, and…[...]

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LISTEN ON APPLE PODCASTS Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays It is often true that the best challenge is after a foreclosure is complete. I know that sounds crazy. But tonight we will discuss tactics and strategies in foreclosure defense in which we…[...]

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see https://www.jdsupra.com/legalnews/irs-extends-remic-and-trust-relief-9911184/ Always wrong, never in doubt. The problem is not whether REMIC trusts, trustees, and beneficiaries should be given extensions on reporting and other relief on the cash flow generated or delayed through REMICs. The problem is that there is no cash flow through REMIC trusts. There is no real estate. There is no mortgage. There is no investment.…[...]

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