Many thanks again to Attorney Gary Dubin for bringing this to my attention. == The current hodgepodge of decisions that I have always maintained were merely vehicles to discourage appeals is taken to task in this well-reasoned decision. In Hawaii the rule is now no bond pending appeal or low bond pending appeal. The Hawaii Supreme Court has merely applied…[...]

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Tags: appeal, BOND, Dubin, supersedeas
Posted in discovery, Eviction, evidence, Motions |

If we ever return to normal practical governmental practices this decision means that the  work of the CFPB in protecting consumers will continue. From: "Rich Dubois, NCLC" <consumerlaw@nclc.org> Date: June 29, 2020 at 7:28:32 AM HST To: GARY DUBIN <gdubin@dubinlaw.net> Subject: Breaking: U.S. Supreme Court Decision Preserves but Weakens CFPB Reply-To: "Rich Dubois, NCLC" <consumerlaw@nclc.org> Dear GARY, Today, the Supreme Court of the United States…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays My opinion, backed by 14 years of research and securities analysis which I am qualified to perform, is that you probably have what I call an orphan debt. Based upon filings with the SEC and other documents I…[...]

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Fundamentally you must understand that the investment banks want you and everyone else to look only at the payments history --- not the debt, who owns it and whether anyone suffered a loss resulting from any lack of payment by the homeowner. * Their strategy is to get the court to presume that in the absence of payments someone must have suffered…[...]

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Posted in Corruption, discovery, Eviction, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

Some have pointed to some articles indicating that the securitization ponzi scheme collapsed already. It might be more accurate to say that the scheme was reorganized rather than collapsed. But even if it collapsed the Wall Street banks will continue sending servicers and foreclosure mills into the field to file foreclosures. After, all, it's free money if they win, and there…[...]

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Tags: creditor, debt, HOLDER, holder in due course
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud |

My opinion is that the reason most people are dissatisfied with the status of business and politics is that we have all bought into the myth or at least tolerated the myth that capitalism IS democracy. It isn't. Capitalism is an economic system whose basic premise is to make as much money as possible. Democracy is a political system whose…[...]

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The beloved cartoon character is registered by copyright. the MERS entity is registered as a corporation. Neither one ever owned any debt, note or mortgage, directly or indirectly. Neither one serves as agent of any "successor" to the "originator/Lender" on any residential mortgage loan. Decisions in Maine mirror the issues across the country. MERS is NOTHING. No document executed on…[...]

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Tags: MERS
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Bob gives me a mortgage and I sign a note for $300k. Bob assigns the mortgage and note to Steve in exchange for "certificates / securities." Bob retains the note and pledges to Jim in a collateral assignment to raise money to fund more loans. (i.e. WaMu and the Federal Home Loan Banks). I stop paying and soon Steve declares…[...]

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Posted in Corruption, discovery, Fabrication of documents, legal standing, Pleading, securities fraud, Servicer |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays When some mortgage broker pretends that they are a mortgage lender and steals the money or the house or both, he or she goes to jail and a receivership is set up to claw back the illicit…[...]

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"a transfer of the mortgage without the debt is a nullity, and no interest is acquired by it" "because MERS was never the lawful holder or assignee of the notes described and identified in the consolidation agreement, the corrected assignment of mortgage is a nullity, and MERS was without authority to assign the power to foreclose to the plaintiff. Consequently,…[...]

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Posted in Corruption, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |