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 |

see https://livinglies.me/2013/04/29/hawaii-federal-district-court-applies-rules-of-evidence-bonymellon-us-bank-jp-morgan-chase-failed-to-prove-sale-of-note/ If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT […]

Tags: assignment, consideration, credit bid, money changing hands, money damages, origination, proof of loss, proof of payment, sale of loan
Posted in Corruption, securities fraud |

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to […]

Tags: assignment, bankruptcy, endorsement, evidence, holder owner, indorsement, mortgage litigation, original note, presumptions, transfer of debt, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

This question cuts both ways since homeowners have filed or tried to file various documents that cloud the title until a dispute is resolved. But the focus of today’s conference is on the filings by “new” beneficiaries and “new”substituted trustees” and deeds on foreclosures executed by “authorized signors” for the “Substituted trustees.” County Recorders are […]

Tags: assignment, authorized signor, county recorders, Power of Attorney, recording of documents, subsitution of trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Hat Tip to Ken McLeod, private investigator serving livinglies LIVINGLIES VINDICATED!!! 99% of the Loans Never Were Transferred into Trusts Editor’s Comment: The truth is coming out piece by piece. In this complaint a thorough examination revealed what we have been saying all along — the loans were NOT pooled, bundled or put into any […]

Tags: appraisal fraud, ASSET BACKED RECEIVABLES LLC, assignment, BARCLAYS BANK PLC; BARCLAYS CAPITAL INC.; SUTTON FUNDING LLC and SECURIT, Carrera, CERTIFICATES, Clayton, Clayton Services Inc., CLTV ratio, FREMONT, HSH, HSH NORDBANK AG; HSH NORDBANK AG, Lindsay, LUXEMBOURG BRANCH; POSEIDON FUNDING LTD.; HSH NORDBANK SECURITIES S.A., mortgage-backed, new century, Office of the Comptroller, Rasmus, REMIC, subrogee, transfer of notes, TRUSTS, U.S. Senate Permanent Subcommittee on Investigations, underwriting guidelines
Posted in bubble, Corruption, Eviction, securities fraud |

Dan Hanacek, who will be at the conference in Emeryville tomorrow, and Charles Cox can be reached through our customer service number 520-405-1688. Dan is a lawyer with whom I am engaged in mentoring and resourcing in Northern California cases and Charles helps people all over the country. The tide is turning. The basic principles […]

Tags: agent, assignment, mortgages, notes, Notice of Default, Notice of Sale, principal, recording, TRUSTEES
Posted in bubble, Eviction |

Editor’s Note: In an extremely well-written and well reasoned decision Federal District Court Judge M. James Lorenz denied the Motion to dismiss of US Bank on an alleged WAMU securitization that for the first time recognizes that the securitization scheme could be a sham, with no basis in fact. Although the Plaintiff chose not to […]

Tags: accounting from master servicer, accounting from sub-servicer, assignment, attempt to securitize, California Reconveyance Company, cloud on title, Colleen Irby, CRC, cut-off date, Debt Collectors, FDCPA, fraud in origination of loan documents, livinglies-store.com, loan receivable, Lorenz, MOTION TO DISMISS, qualified written request, quiet title, QWR, RESPA 6, true credidtor, trust document, U.S. Bank, Unfair Competition LAw, WAMU
Posted in bubble, Corruption, Eviction, securities fraud |

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 |

Banks have adopted a technology platform to process short sale applications. It is called Equator, presumably to imply that it equates one thing with another, and produces a result that either gives a pass or fail to the application. In theory it is a good thing for those people who want to save their homes, […]

Tags: assignment, Bank of America, Bank of America Short Sale Addendum, BOA, borrower, Buyer's Acknowledgment and Disclosure, chain of title, closed loans, closing papers, county recorder, credit bid, dummy originators, Equator, Equator Short Sale Platform, fund the trust, GMAC, HUD-1, investment bank, investor-lenders, IRS, IRS Form 4506-T, Lender Liability, loss mitigation, MasterCard, MERS, Mortgage, mortgages, Nationstar, offer of proof, owner of the obligation, payment processing, principal reduction, Purchase Contract, realtors, REMIC, requirement of proof, right to foreclose, securitization chain, securitization claims, Service One, short sale applications, third party authorization form, title companies, title defect, title problem, transfer, trust, unfunded trust, Visa, Wells Fargo
Posted in Uncategorized |

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 […]

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 |