Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” […]

Tags: §362k, automatic stay, bankruptcy court, Carlos J. Cuevas, punitive damages, Sanctions
Posted in Corruption, Eviction, evidence, Fabrication of documents, legal standing, Servicer |

The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that […]

Tags: bankruptcy court, BAP, Circuit Court of Appeals, district court, healthcare, infrastructure, jurisdiction, PHH v Sensenich, Statistics
Posted in discovery, evidence, legal standing, Motions, Pleading |

see https://findsenlaw.wordpress.com/2015/02/04/department-of-justice-investigates-deutsche-bank-for-false-documents-presented-to-court-in-bankruptcy-foreclosure-case/ Beth Findsen, Esq. in Scottsdale, Az posted an article on her blog back in February revealing that after 10 years+ the Department of Justice is finally examining the validity of the papers filed by the banks in support of purported foreclosures on behalf of ghosts. Beth is a realist as well as an […]

Tags: affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, April Charney, bankruptcy court, Beth Findsen, Department of Justice, Deutsch Bank, trustee
Posted in Uncategorized |

For further information please call 954-495-9867 or 520-405-1688 ========================== Hat tip to anonymous The full case was 25 pages, I redacted to about 4 below, but very substantial topics and analysis on this similar to Rivera in full version. – A win on recovery of mortgage payments made to Wells, $73,000. – Loss on recovery of […]

Tags: bankruptcy court, disgorgement of mortgage payments, equity, foreclosure, Litton Loan, Ocwen, PROOF OF CLAIM, Thompson, Wells Fargo, Wisconsin
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: affidavits, appellate court, bankruptcy court, bankruptcy court judges, BAP, cases affirmed on appeal, Circuit Court of Appeals, citations, clerk of the court, court abused its discretion, court reporter, denial of due process, district court judge, evidence, federal jurisdiction, fighting foreclosure, foreclosure, foreclosure cases, foreclosure defense, foreclosure fraud, foreclosure offense, fraud upon your client, fundamental error, in limine, judge, lower court, memorandum of law, Motion IN Limine, OBJECTIONS, objections in limine, objections known in advance, opposing counsel, predatory lending, Preserving your rights on appeal, pro se litigants, procedure, record on appeal, reversed on appeal, silence as concession, transcription, TRIAL, trial proceedings, Whose Lien is it anyway?
Posted in Uncategorized |

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 — My apologies. A draft of this article was accidentally published yesterday. Judge Grossman’s decision dates back one year. It is not a recent decision but it has huge significance right now in my opinion. The draft left the impression that […]

Tags: 60 minutes, AHMSI, appraisal fraud, attorney general, auction fraud, bankruptcy court, Chris Koster, credit bids, DocX Indictment, foreclosure fraud, FORECLOSURE SETTLEMENT, foreclosures, forgery, Grossman, housing market, housing prices, investors, linda green, LPS, MERS, Missouri, mortgage fruad, mortgages, Robo-Signing, settlement, strategic default
Posted in bubble, Corruption, Eviction, securities fraud |

Don’t Ask, Just Cram: It’s Time to Put Mortgage Modifications Back into Judges’ Hands By Abigail Field Posted 12:00PM 04/06/11 Columns, Real Estate, Credit Comments PrintText Size A A A Print this page|EmailShare on FacebookShare on TwitterShare on DiggShare on Lifestream Many state attorneys general, federal law enforcers and regulators say they want big banks […]

Tags: attorneys general, bank settlement, bankruptcy, bankruptcy court, banks, big banks, borrower, cram downs, disclosure, foreclosure, foreclosure crisis, foreclosure defense, foreclosure fraud, foreclosure offense, foreclosure prevention, foreclosures, fraud, GOP, HAMP, home loan See full article from DailyFinance: http://srph.it/gagyj1, Lender Liability, predatory lending, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

The Affidavit executed by Movant’s loan servicer makes no mention of the location of the original Note or who has possession of it. Movant proffered no business records or testimony tracing ownership of the Note and establishing Movant is the present holder of the Note. The Affidavit executed by Movant’s loan servicer makes no mention […]

Tags: 2006-3, Allonge to Promissory Note, Assignment of Mortgage and Loan Documents, Aurora Bank FSB f/k/a Lehman Brothers Bank, bankruptcy court, Case No. 6:09-bk-12240-ABB, Chapter 7, Florida, FSB, Jack Jacob, Jennifer Henninger, JORGE CANELLAS, Judge ARTHUR B. BRISKMAN, Lehman Brothers Bank, Lehman Brothers Small Balance Commercial Mortgage Pass-Through Certificates, MIDDLE DISTRICT OF FLORIDA, Motion for Relief from Stay, Note and Mortgage, Orange County, ORLANDO DIVISION, owner and holder, private securitized trust, Special Assets Administrative Assistant, trustee, Trustee Carla P. Musselman, U.S. Bank National Association
Posted in bubble, Corruption, Eviction, securities fraud |

Dist Ct. Case No. 2-09-CV-00661-KJD-L Bankr. Ct Case No. BK-S-07-16645-LBR MERS_Hawkins-DistCtAffirmsBK Appeal by MERS from Bankruptcy Court decision denying MERS’ motion for lift of automatic stay in 18 cases. Affirmed by District Court. The significance of this decision is that it gives a simple explanation for the findings by dozens of other judges. Here are […]

Tags: bankruptcy court, MERS, motion to lift stay, realparty in interest, standing
Posted in bubble, Corruption, Eviction, securities fraud |