Many thanks again to Attorney Gary Dubin for bringing this to my attention. == The current hodgepodge of decisions that I have always maintained were merely vehicles to discourage appeals is taken to task in this well-reasoned decision. In Hawaii the rule is now no bond pending appeal or low bond pending appeal. The Hawaii […]

Tags: appeal, BOND, Dubin, supersedeas
Posted in discovery, Eviction, evidence, Motions |

INVESTORS READ CAREFULLY IF YOU BOUGHT MORTGAGE BONDS DURING THE MELTDOWN As for the Borrower, we have the obligation, then the note supposedly evidence of the obligation, and then the mortgage which pledges the home as collateral for faithful performance as per the terms of the note. As for the investor/lenders we also have a […]

Tags: BOND, borrowers, clearinghouse, common law obligation, lenders, managed funds, modification, Mortgage, note, REMIC, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE JUDGES: ASSUME THE BORROWER IS WRONG So you have denied the claims of the pretenders and put that in issue. You have even alleged fraud, forgery and fabrication and the catch-word “robosigning”. But the Judge, alleging that he did not want to “make […]

Tags: bankruptcy, BOND, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, robosigning, securitization, supersedeas bond, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

FROM ANONYMOUS, MY FAVORITE CONTRIBUTOR 🙂 EDITOR’S NOTE: I would be better off and so would our readers if I could be as succinct in my writing as Anonymous. Somehow it always takes me longer to say what he does in a few sentences. Use HIS version instead of mine whenever possible. My version is […]

Tags: anonymous, BOND, Mortgage Loan Purchase Agreement, note, Obligation, Repurchase, single transaction
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. […]

Tags: bankruptcy, BOND, borrowers, CLE, creditors, debtors, DEED OF TRUST ANALYSIS, deeds of trust, DEPOSITIONS UPON WRITTEN QUESTIONS., discovery, DVL, EMERGENCY MOTIONS, evidentiary hearing, EXPERT DECLARATIONS, EXPERT EVIDENCE, FACT EVIDENCE, foreclosure defense and offense, FORENSIC EVIDENCE, FORENSIC REPORTS, FORMS, Garfield Continuum, homeowners, interrogatories, investors, Mortgage, MOTION, MOTION TO COMPEL, MOTION TO DISMISS, motion to lift stay, NEIL GARFIELD, note, Notice of Default, Obligation, QUESTIONS OF FACT, QWR, REAL PARTY IN INTEREST, REMICS, REQUESTS FOR ADMISSIONS, REQUESTS TO PRODUCE, rescission, RESPA, securitization, securitized residential mortgages, splitting note from security instrument, standing, TEMPORARY RESTRAINING ORDERS, TILA, TILA audits, trustee, TRUSTEES, TRUSTS, workshop
Posted in bubble, Corruption, Eviction, securities fraud |

In my opinion, the growing anger at Wall Street is giving Lloyd Blankfein and Jamie Dimon another chance at misdirection. They are using the current popular angst to steer the debate into whether derivatives and synthetic CDOs should be banned. In the end they will win that debate, and they should win it. What they […]

Tags: Blankfein, BOND, co-obligors, creditor, DEBTOR, derivatives, Dimon, disclosure, DVL, Ebbers, Federal reserve, fraud, FTC, insurance, intermediaries, liquidity, mortgages, note, notes, obligations, OCC, OTS, prosecution, QWR, regulation, RESPA, TILA, transparency, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

USE THIS AS A GUIDE FOR DISCOVERY, FORENSIC ANALYSIS AND MOTION PRACTICE TO COMPEL DISCLOSURE see for this example SHARPS%20CDO%20II_16.08.07_9347 Comments in Red: THIS IS A PARTIAL ANNOTATION OF THE PROSPECTUS. IF YOU WANT A FULL ANNOTATION OF THIS PROSPECTUS OR ANY OTHER YOU NEED AN EXPERT IN SECURITIZATION TO DO IT. THERE ARE THREE […]

Tags: ANNOTATION, as Fiscal Agent, as Note Registrar, as trustee, bank of new york, BOND, Cayman Islands, Class A-1 Senior Secured Floating Rate Notes, Class A-2 Senior Secured Floating Rate Notes, Class A-3 Senior Secured Floating Rate Notes, Class B Senior Secured Floating Rate Notes Due, Class C Secured Deferrable Interest Floating Rate Notes, Class D-1 Secured Deferrable Interest Floating Rate Notes, Co-Issuer, Deed of Covenant, DEED OF TRUST, DELAWARE, DEUTSCHE BANK, Deutsche Bank AG, Deutsche Bank Aktiengesellschaft, DEUTSCHE BANK SECURITIES INC., Directive 93/22/EEC, exempted company, expert, Fiscal Agency Agreement, Inc., investors, Ireland, Irish Financial Services Regulatory Authority, Irish Stock Exchange, issuer, jurisdiction, limited liability, LLC, Member State of the European Economic Area, Moody's Investors Service, Mortgage, Motion Practice, New York Branch, NON-RECOURSE OBLIGATIONS, Offering Circular, operating agreement, promissory note, Prospectus, Prospectus Directive, RISK FACTORS", securitization, Senior Notes, Sharps CDO II Ltd, Standard & Poor's, the Trustee, Total Return Swap, total return swap transaction, TRS Counterparty, Trust Agreement, trustee, UNITED STATES
Posted in bubble, Corruption, Eviction, securities fraud |

THANK YOU FLORIDA DEFENSE TEAM!!! TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file […]

Tags: BOND, civil procedure, Florida, Florida Bar ethics, FLORIDA DEFENSE TEAM, Florida Rules of Judicial Administration Rule 2.060(f), Florida Statute 454.20, foreclosure, foreclosure defense, foreclosure offense, NON-RESIDENT COST BOND, trustee, TRUSTS
Posted in bubble, Corruption, Eviction, securities fraud |

QUESTION: I have received a five day notice. Do I have to leave? ANSWER: Technically the answer would be yes, you are being ordered to leave. As a practical matter however, there are several procedural steps that the Trustee or “lender” must take before they can actually remove you from the premises. And of course […]

Tags: BOND, Eviction, five day notice, stay, Unlawful Detainer
Posted in Eviction |

LIS PENDENS — see usury, Temporary Restraining Order, Lawsuit, Burden of Proof (1) Latin for “a suit pending.” The term may refer to any pending lawsuit. (2) A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice […]

Tags: BOND, foreclosure defense, foreclosure offense, lis pendens, usury
Posted in Eviction |