NOTE: This case reads like  law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that […]

Tags: allonge, assignments, Cannela decision, debt, DEED OF TRUST, endorsement, indorsement, Mortgage, note, Obligation, REMIC trustee, U.S. Bank
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

Why are our courts routinely accepting allegations and documents from foreclosing banks that they would summarily throw out if the same allegations and documents came from borrowers?  How can possession of an ALLONGE construed as ownership of the debt without any other evidence being presented? Why is the standard definition of “Allonge” ignored? IF THE […]

Tags: allonge, assignment, banking, credit bids, creditor, debt, endorsement, equal treatemnt for borrowers vs. institutions, finance, foreclosure, money, Mortgage, note
Posted in Corruption, Eviction, foreclosure mill, securities fraud |

by Danielle Kelley, Esq., Senior Partner, Garfield, Gwaltney, Kelley and White: I moved to dismiss two cases on several grounds – one that the allonge was not “firmly affixed”.  This will become an issue as the banks scramble to file pleadings under HB87 that show they have the Note.  The 1st DCA has now admitted […]

Tags: allonge, assignment, Danielle Kelly, endorsement
Posted in Corruption, Eviction, securities fraud |

CHECK OUT OUR EXTENDED DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, Tennessee, Georgia, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than […]

Tags: admissions, allonge, assignments, debt, fabrication, forgery, James m. Kelley, Katherine Ann Porter, Mortgage, Naked Capitalism, note, relevance, San Francisco study, yves Smith
Posted in bubble, Corruption, Eviction, securities fraud |

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Tags: Adam Levitin, Alabama, allonge, BURDEN OF PROOF, credit bid, ex parte communication, fabricated allonge, fabricated documents, judges, Naked Capitalism, New York trust, Paul Jackson, Pooling and Servicing Agreement, PSA, REMIC, U.S. Bank, U.S. Bank v. Congress, yves Smith
Posted in Uncategorized |

ALLONGES, ASSIGNMENTS AND INDORSEMENTS Excerpt from 2nd Edition Attorney Workbook, Treatise and Practice Manual AND Subject Matters to be Covered in July Workshop ALLONGE: An allonge is variously defined by different courts and sources. But the one thing they all have in common is that it is a very specific type of writing whose validity […]

Tags: allonge, assignment, collection, deadbeats, economic recovery, endorsement, EU, false debt, foreclosure, indorsement, inflated property values, investors, mortgage debt, recording offices, recovery, suicide hotline, unemployment, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

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Tags: accounting transactions, allonge, assignment, auction fraud, borrower, Chapter 8, county registrar, current fair market value, financial asset, foreclosure, foreclosure defense, foreclosure fraud, foreclosure offense, fraud, indorsement, investor pool, Judge Shack, Mortgage, Obligation to notify issuer of lost destroyed or wrongfully taken security certificate, owner/purchaser of a security, predatory lending, PSA, REMIC, secondary market, Section 36-8-405, Section 36-8-406, securitization, securitization industry, security certificate, who would buy a loan in default?
Posted in Uncategorized |

ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION EDITOR’S COMMENT: Judge Curley has been wrestling with these issues for more than 2 years. She has heard every argument, seen every memorandum, Expert Declaration (mine) and considered everything else possible. She was led to the inescapable conclusion that BOA’s position was a farce. […]

Tags: allonge, appeals court, ARIZONA, assignment of mortgage, AZ, bac home loans, bankruptcy, countrywide, DEED OF TRUST, foreclosure fraud, Irena Zitta, Judge SARAH SHARER CURLEY, MERS, Mike Zitta, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, reconsider
Posted in bubble, Corruption, Eviction, securities fraud |

SERVICES YOU NEED EDITOR’S NOTE: Well it has finally happened. Three years ago I couldn’t get a single lawyer anywhere to consider this line of work. I predicted that this area of expertise in their practice would dwarf anything they were currently doing including personal injury and malpractice. I even tried to guarantee fees to […]

Tags: affidavits, allonge, assignments, damages, fraud, GMAC, Indorsements, Ny Times, slander of title, Streitfeld, Substitution of Trustee, wrongful foreclosure
Posted in bubble, Corruption, Eviction, securities fraud |

GMAC has failed to demonstrate that it is the holder of the Note because, while it was in possession of the Note at the evidentiary hearing, it failed to demonstrate that the Note is properly payable to GMAC Once the securities have been sold, the SPV is not actively involved. IN RE WEISBAND In re: […]

Tags: adequate protection payments, adjustable rate promissory note, allonge, ARIZONA, Aurora Loan Services ("Aurora"), case or controversy, endorsement, evidentiary hearing, FISA, Flow Interim Servicing Agreement ("FISA"), GMAC as the sub-servicer, GreenPoint Mortgage Funding, GreenPoint Mortgage Funding Trust ("Trust"), HERS, HOLLOWELL, Inc., Inc. ("GreenPoint", Lehman Brothers Holdings, Lehman Capital, Master Servicer, MERS, Mortgage Electronic registration Systems, Mortgage Loan Sale and Assignment Agreement ("MLSAA"), Motion for Relief from Stay, motion to lift stay, prohibition on third-party standing, REAL PARTY IN INTEREST, Reconstituted Servicing Agreement, Ronald Ryan, SASC, standing, Structured Asset Securities Corporation ("SASC"), third-party standing, trust, Trust Agreement, Tucson, U.S. Bank National Association ("U.S. Bank"), WEISBAND
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |