HAPPY NEW YEAR to readers who celebrate Rosh Hashanah! To all others, have a HAPPY DAY. This is a prescheduled article. ABOUT LIVINGLIES AND LENDINGLIES I have assembled a partial list of various possible claimants on the note and various possible claimants on the mortgage. Which one of these scenarios fits with your case? Once […]

Tags: ARTICLE 3, article 9 UCC, beneficiary, lender, mortgagee, mortgages, non-possessors, notes, Payee, possessors, TRUTH, UCC
Posted in Uncategorized |

The real parties in interest are trying to make money, not recover it. The Wilmington Trust case illustrates why borrower defenses and investor claims are closely aligned and raises some interesting questions. The big question is what do you do with an empty box at the bottom of an organizational chart or worse an empty […]

Tags: beneficiary, debts, foreclosures, indebtedness, mortgages, notes, res, security, TRUSTEES, TRUSTS, TRUTH, Wilmington Trust
Posted in Corruption, Eviction, evidence, Fabrication of documents, Servicer |

The entire playbook of the banks and servicers consists of one underlying theme: to obtain foreclosures based upon presumptions that are contrary to the facts. GO TO LENDINGLIES to order forms and services Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make […]

Tags: beneficiary, credit bid, judicial economy, judicial notice, Substitution of Trustee, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, Motions |

Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, […]

Tags: beneficiary, credit bid, duly perfected title, Eviction, foreclosure sale, owner of the debt, Substitution of Trustee, the debt, TRIAL OBJECTIONS, trustee, TRUTH, Unlawful Detainer
Posted in Eviction |

Such rulings from appellate courts undermine confidence in the judicial system for those who are victims of wrongdoing and reinforce the confidence and arrogance of those committing the wrongs that they will get away with it. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION […]

Tags: beneficiary, DEBT COLLECTOR, foreclosure trustee, servicer, Substitution of Trustee
Posted in Uncategorized |

ARE LAW FIRMS CROSSING THE LINE FOR BANKS WHO WILL THROW THEM UNDER THE BUS? It is a chaotic circular round of documents emanating ultimately by, for and from the same parties. And somehow it is becoming custom and practice to allow law firm employees to sign important documents that transfer possession, delivery, ownership and […]

Tags: beneficiary, conflict of interest, DEED OF TRUST, law firm, non-judicial, Power of Attorney, Substitution of Trustee, validation, verification
Posted in Uncategorized |

For more information please call 520-405-1688 or 954-495-9867 ==================================== IF YOU ARE HAVING A CLOSING ON A REFI OR NEW LOAN BEWARE OF WHAT DOCUMENTS ARE BEING USED THAT WAIVE YOUR RIGHTS TO CONTEST WRONGFUL FORECLOSURES — GET A LAWYER!!! ==================================== http://www.creditslips.org/creditslips/2014/12/foreclosure-news-who-gets-to-decide-whether-a-state-is-a-judicial-foreclosure-state-or-a-non-judicia.html#more EDITOR’S NOTE: It is no secret that the Bank’s have a MUCH easier […]

Tags: Bank of America, beneficiary, DEED OF TRUST, interpleader, judicial, NONJUDICIAL, ReconTrust, Substitute Trustee, Texas, trustee, U.S. SUpreme Court, Utah
Posted in Uncategorized |

No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority […]

Tags: beneficiary, BURDEN OF PROOF, complex litigation, due process, interpleader, judicial foreclosure, new beneficiary, nonjudicial foreclosure, structured finance, Substitution of Trustee, Trustee on deedof trust, trustee on MBS
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

For representation in South Florida, where I am both licensed and familiar with the courts and Judges, call 520-405-1688. If you live in another state we provide direct support to attorneys. call the same number. Having watched botched cases work their way to losing conclusions and knowing there is a better way, I have been […]

Tags: beneficiary, Broward COunty. Collier COunty, Dade County, Deny and Discover, lender, mortgagee, NEIL GARFIELD, originator, place-holder, pool, Regulation Z, REMIC, South Florida, SPV, TILA, trust, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

THE WASHINGTON SUPREME COURT DECISION WILL BE USED EXTENSIVELY AT THE EMERYVILLE AND ANAHEIM CLE WORKSHOPS. The Stunning clarity of the decision rendered by the Washington Supreme Court, sitting En Banc, corroborates the statements I have made on this blog and under oath that they might just as well have put the name “Donald Duck” […]

Tags: agency, Anaheim, Bain, beneficiary, credit bid, creditor, Deutsch Bank as trustee, emeryville, INDYMAC, MERS, perfected lien, principal and agent, servicers, TRUSTEES, Washington Supreme Court, wrongful foreclosure
Posted in bubble, Corruption, Eviction, securities fraud |