A lot of student loan debt ends up being claimed by “Trusts” that are exactly like REMIC trusts except they are not about residential mortgages. And as I have previously pointed out on these pages, the enforcement of those debts has gone through the same process of removing the risk of loss from those who […]

Tags: business records, false affidavits, false business records, false chains of title, servicers, student loan, TRUSTS
Posted in discovery, evidence, Fabrication of documents, legal standing |

IF THE SERVICER IS NOT AFFILIATED WITH US BANK “IN ANY WAY” THEN EITHER US BANK HAS NO TRUST DUTIES OR THE SERVICER HAS NO SERVICING AUTHORITY BOTTOM LINE: A trust without a trustee holding fiduciary duties and actual powers over trust assets is no trust at all. This signals corroboration for what is now well known […]

Tags: Bank of America, business records, fiduciary duties, Master Servicer, PSA, servicer, Servicer advances, subservicer, Trustee business, US BANK
Posted in Uncategorized |

Business Records Exception On Shaky Ground: The main point is foundation: the affidavit or testimony by the robo-witness must show that the company he works for is in fact the servicer of the loan, as authorized by the owner of the debt, and that he/she has actual knowledge of the procedures and posting policies of […]

Tags: authority, business records, creditor, exceptions to hearsay rule of exclusion, familiarity, hearsay, infrastructure, IT platforms, personal knowledge, robo-witness, servicer, TRUTH
Posted in Uncategorized |

The Preservation Letter: A Critical First Step One way to establish that the records are incomplete is through a preservation letter. A properly drafted preservation letter demands that the servicer or foreclosing party retain and produce all records, communications, and documents relating to the loan. Once sent, follow up with discovery requests (interrogatories, requests for […]

Tags: BKR, business records, complete docum, Concealing documents, discovery, preservation letter, Rule 3001, Rule 9011
Posted in discovery |

One of the interesting things that nobody is talking about yet is the fact that the “business records” are either not complete or the foreclosing party is producing documents that serve its purpose when it knows that it holds documents that would negate the very proposition they are proffering in court. Get a consult! 202-838-6345 […]

Tags: assignments, buback agreements, business records, collateral agreements, cure periods, mortgage loan sale agreement, originators, powers of attorney, prior relationships, Purchase and Assumption Agreement, representations, warrants
Posted in Uncategorized |

The entire foreclosure mess has been predicated upon one huge false premise — that by fabricating reams of paper, each one tied to the other or apparently tied to others, rights are suddenly created where none existed. This has never been the law but it suddenly has become the underpinning of most decisions in favor […]

Tags: business records, disclosure, foreclosure defense, foreclosure offense, fraud, hearsay, POA, powers of attorney, presumptions, securitization
Posted in Uncategorized |

FORENSIC ANALYSTS AND CPA’S ============================================= WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583  Our services consist […]

Tags: (2) the "holder" (Trust) who is suppoed to ownw the loan but doesn'tThere are the holder who seeks foreclosure is whether n the alelged borrower and the alleged servicer are sufficientervicerbeiyt eh, business records, CPA, ecordsYou actually have three entities involed: (1) the real "creditor" that might not exist at all under legal definitions, foreclosure defense, forensic analyst, hearsay, money chain, owers"payee and its sucessors --- if there was consumamtion n of the original loanl loanoan. legalIs appears certainnobody is suggesting that the investors and the borrowersthat that the at they are t, paper chain, Servicer and subservicerservicer, there can be little question as to then betwappearnce ppear.holderscontractual arearerealaultisi
Posted in Uncategorized |

For further information please call 954-495-9867 or 520-405-1688 ================================ It is no surprise that the Banks are attempting to use business records instead of live testimony from witnesses with personal knowledge. That testimony might be laced with perjury exposure for both the witness and the attorney who is the proponent of the witness. So they […]

Tags: business records, hearsay
Posted in Uncategorized |

Patrick Giunta, Esq. brought this case to my attention. Here is a case between the famed Florida Default Law Group, who reached distinction amidst accusations of fabricated documents, and an ordinary borrower represented by a St. Peterburg trial lawyer, John R. Cappa, who apparently knows the timing and content of the right objections. The result […]

Tags: business records, cross examination, involuntary dismissal, proof of default, proof of right to enforce
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

In order to obtain forensic reports including servicer advances please go to www.livingliesstore.com or call 520-405-1688. for litigation support to attorneys call 850-765-1236. ——————————— Mortgage Lenders Network v Wells Fargo, Chapter 11, Case 07-10146(PJW), Adv. Proc., Case 07-51683(PJW) In an adversary proceeding in which evidence was presented, Judge Walsh dissected the confusing complex agreements involving […]

Tags: borrower default, business records, co-obligors, cross examination, insurance, MLN, Mortgage Lenders Network, Servicer advances, servicer default, voir dire, Wells Fargo
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |