Table of Contents of 2nd Edition of Attorney Workbook

Jun 5, 2012

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Editor’s Comment:

Table of Contents- WHOSE LIEN IS IT ANYWAY

WHOSE LIEN IS IT ANYWAY?

Real Property, Mortgages and Foreclosures

Post-Securitization

A treatise, practice manual and forms for litigation of claims relating to claims relating to securitized loans

By Neil F Garfield, Esq. MBA, JD

Author and Editor of livinglies.wordpress.com

Published by GTC|Honors[1]
Disclaimer

IMPORTANT: The information presented in this workshop is general information and is not specific advice on the law of any state other than Florida.

No decision or action should be undertaken strictly on the basis of the information in this workbook or in the presentation without first consulting a licensed competent attorney in YOUR community or where your property is located.

The accuracy of the information is not guaranteed. State laws vary, and local rules vary from state to state and county to county. The style of pleadings, and the rules of when and how to file objections, motions, pleadings and discovery varies from state to state as well.

The presenters do not purport to know the rules and laws of all 50 states.

The purpose of this presentation is to provide you with informational guidelines about cases and situations OTHER than your own, and what that COULD mean in your case.

You should not use this workbook or this workshop as a basis for advising anyone other than within a jurisdiction in which you licensed to practice law, as it probably would be otherwise considered the Unauthorized Practice of Law (UPL). UPL is a crime in most states and carries substantial penalties and the risk of imprisonment.

TABLE OF CONTENTS

TITLE	PAGE
About the Author	5
Arizona Mortgage Fraud Statute	9
Practice Materials Available	12
Forward: Prospects for the Housing Market	13
FALSE CREDIT BID AS RACKETEERING	16
DIAGRAM: GENERAL PLAN OF ENGAGEMENT	19
DIAGRAM: SINGLE TRANSACTION	20
DIAGRAM SPECIFIC PLAN OF ENGAGEMENT	21
DIAGRAM: WIN AT THE BEGINNING NOT IN THE END	21
DEDICATION	22
GENERIC COMPUTATION OF DAMAGES AND CLAIMS OF BORROWER	24
NARRATIVE: SINGLE TRANSACTION AND STEP TRANSACTION DOCTRINE	25
BINDING COMMITMENT TEST	26
SELLING FORWARD PRESUMES SECURITIZATION	26
END RESULTS TEST	26
INTERDEPENDENCE TEST	27
NARRATIVE: DEMAND FOR ADMINISTRATIVE HEARING	29
DIAGRAM FIGURE 1: THE MONEY TRAIL	31
DIAGRAM FIGURE 2: THE MONEY TRAIL AND DEFENSE OF PAYMENT IN FULL	32
DIAGRAM FIGURE 3: STRUCTURE OF SPECIAL PURPOSE VEHICLE AND APPLICABLE LAWS	33
DIAGRAM FIGURE 4: RISK AND LOSS MITIGATION	34
DIAGRAM FIGURE 5: TRANCHE STRUCTURE AND BURDEN OF PROOF	35
OUTLINE: AFFIRMATIVE DEFENSES AND COUNTERCLAIMS	36
RELATED SOURCES OF INFORMATION AND DEFINITION OF TERMS	37
INTRODUCTION — GETTING STARTED	39
HISTORY	41
INSTITUTIONALIZING WRONGFUL FORECLOSURES	45
SHOW ME THE MONEY	49
PATTERNS OF LENDING	50
CATEGORIES OF LOANS	52
THE ACADEMIC SECURITIZATION MODEL AS MYTH	52
THE TRADITIONAL HOME MORTGAGE LOAN	54
THE ACADEMIC “SECURITIZATION” MODEL WITH ERRORS	54
THE MYTHOLOGICAL “SECURITIZATION” MODEL	55
NOTES FROM THE UNDERGROUND	58
THE NEED FOR A FULL ACCOUNTING	61
TAKING CONTROL OF THE NARRATIVE	65
PRACTICE POINTERS	65
OBJECTIONS AND PRESERVING YOUR RIGHTS ON APPEAL	67
OBJECTIONS BASED UPON FOUNDATION, HEARSAY ETC.	69
GLOP: THE STORY OF HOW CRAZY THE AMERICAN ECONOMY AND POLITICS CAN GET	74
STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — No power of sale, no securitization, no MERS	77
PRACTICE POINTERS	84
CASE EXAMPLES OF FORECLOSURES PRODUCING THE WRONG RESULTS PRACTICE POINTERS — Association Foreclosures	85
RECORDING, MERS AND AUCTIONS	88
FROM THE CONSUMER FINANCIAL PROTECTION BOARD (ALL PARTIES IN SECURITIZATION CHAIN HAVE RESPONSIBILITIES OF BANKS AND SERVICERS)	91
STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — Power of Sale, No Securitization, No MERS (NON-JUDICIAL)	93
PRACTICE POINTERS	105
2008 Legal Memo at BKR Conference: Lying About Ownership	107
HOMEOWNERS MAY SEE VALUE RESTORED AS BANKS PAY FOR SIGNATURES	111
NON-STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — Power of Sale, With Securitization Claims, No MERS (NON-JUDICIAL)[2]	113
PRACTICE POINTERS	128
SECURITIZATION ACADEMIC MODEL	130
EFFECT OF ACADEMIC MODEL OF SECURITIZATION	137
Manhattan U.S. Attorney Recovers $202.3 Million From Deutsche Bank	139
HOA LIABILITIES	141
PRACTICE POINTERS	141
NON-STANDARD MORTGAGE TRANSACTION AND FORECLOSURE — Power of Sale, With Securitization Claims, MERS (NON-JUDICIAL)	144
PRACTICE POINTERS	164
SECURITIZATION ACADEMIC MODEL:	166
EFFECT OF ACADEMIC MODEL OF SECURITIZATION:	173
ALLONGES, ASSIGNMENTS AND INDORSEMENTS	220
ALLONGE	220
ASSIGNMENTS	221
INDORSEMENTS AND ENDORSEMENTS	223
VALIDITY OF THE SECURITIZATION CHAIN: WERE THERE ANY REAL TRANSFERS FOR VALUE OR WERE THE ASSIGNMENTS, ALLONGES, INDORSEMENTS ETC MERELY A SHAM?	225
SAN FRANCISCO STUDY CORRUPTION OF CHAIN OF TITLE BY STRANGERS TO LOAN ORIGINATIONS AND FORECLOSURE TRANSACTIONS	229
BANKRUPTCY AND FEDERAL JURISDICTIONAL ISSUES	251
TABLE OF AUTHORITIES	257
CREDIT BID SHAM	295
National Notary Association to take Up Issue of Forgery, Robosigning and attesting to authority in corporate capacity	297
FIDUCIARY LIABILITY	298
DEFINITIONS AND BASIC REQUIRED ELEMENTS OF LOAN	300
SHORT SALES OR REO SALES IN CHAIN OF TITLE MAY OR MAY NOT EXIST	329
HOME MORTGAGE DISCLOSURE ACT	330
MERS	336
APR	340
Protecting Tenants at Foreclosure Act of 2009	415
REAL ESTATE SETTLEMENT PROCEDURES ACT	417
USURY	443
FORCING MODIFICATION	459
Glossary and Guidelines	462
CONTACT AUTHOR: INFO@LIVINGLIES.BLOG.COM

[1] Copyright Neil F Garfield 2012

[2] With two exceptions, the comments relating to non-judicial foreclosures also apply to judicial foreclosures. The first of the two exceptions are that the Notice of sale is executed by a “substituted trustee” in a non-judicial sale instead of a judge in a judicial sale. The second is that the sale is conducted by the “trustee” (who is under current practice a controlled party of the “new” creditor). Thus I have removed sections dealing exclusively with judicial foreclosures as they are now a subset of non-judicial foreclosures.

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