"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 |

The first thing to remember about securitization is that it isn't real. No Investor ever bought any debt, note or mortgage on residential property. That makes all the documents used in foreclosure of "securitized" loans totally fake. And that is why there was a 50 state settlement and hundreds of other settlements with regulators, attorneys general and investors. What was…[...]

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

It is insane that it even needs to be said. But here it is. If any legal person ---whether a natural person, bank or trust --- performs an unauthorized act, the act is a legal nullity regardless of how they document it or record it. It is not a legally defensible position to say that having committed the unauthorized illegal…[...]

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see 888_Garfield v Blackrock The answer is that there is no relation between Robert Garfield and myself. So skip that. This opinion reveals the intricacies that I have actually avoided in my articles but which are now being forwarded to me by readers. In the unending quest to find a creditor who does not exist, things get even more confusing…[...]

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From Bill Paatalo: This is an interesting law journal article. I hadn't realized that MERS destroys the title and value of all properties that border other properties with MERS on title. This is everyone's problem, not just those facing foreclosure. https://repository.uchastings.edu/cgi/viewcontent.cgi?article=1170&context=hastings_business_law_journal Because MERS is utilized for transferring title and these transfers are not publicly recorded (thereby imparting constructive notice), MERS…[...]

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Fundamentally, we must accept and acknowledge the fact that if we don't get it right this time, we are condemning ourselves to despair and economic disaster. It's coming. And this time we know what is wrong.  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 * I…[...]

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In the world of pretend REMICs, there can be no debate that investors who buy "certificates" are unsecured creditors of the investment banks and that investment banks are not legally creditors of homeowners. So why are we allowing investment banks to administer, collect and enforce homeowner obligations? This has been my point from the beginning in 2006 when I started…[...]

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

see https://www.mpamag.com/news/former-mortgage-company-president-indicted-in-multimilliondollar-fraud-224874.aspx So not to rain on anyone's parade, this scam seems only possible if nobody was minding the store. And nobody would be minding the store only if nobody owned the debt. This is the pot calling the kettle black. The other institutions were posing as lenders when they were not. they were at all times being funded by…[...]

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It is simply not true and has not been true for 20 years that lending is subject to free market forces or that lenders are subject to regulation.  all of this has resulted from extraordinary illegal Market Control which has resulted in the complete inability of small financial institutions to compete with lending practices sponsored by investment banks on Wall…[...]

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Tags: anti-trust, infrastructure, regulatory capture, TRUTH, Wall Street
Posted in Corruption, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

Like citizenship in this country litigation is not easy. We keep banging our heads against the same wall expecting a different result. We need a strategy that directly addresses the inescapable realities of every homeowner transaction and every securitization cycle. My substantive analysis of the transaction is that the homeowner was drafted into a securitization scheme which in my opinion clearly…[...]

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