McDonald v OneWest This case should be read more than once When I started writing about legal defenses to foreclosures that appeared patently fraudulent to me, I thought it might only take a few months for things to catch on. About the timing I have been consistently wrong. About the substance I have been consistently […]

Tags: business records, civil procedure, discovery, hearsay, INDYMAC, McDonald v OneWest, OneWest
Posted in bubble, Corruption, Eviction, securities fraud |

CHECK OUT OUR EXTENDED DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, Tennessee, Georgia, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than […]

Tags: civil procedure, foreclosures, Illinois, money exchanging hands, PROOF OF CLAIM, proof of loan receivable account, proof of loss, Supreme Court
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: Matt hits the nail on the head so there is no need to do a whole essay on the problem — just read his piece shown below. The Banks are getting itchy because like the economic crash they see a political crash coming. The Florida legislature is looking to “expedite” foreclosures. Republican controlled […]

Tags: civil procedure, Florida House Subcommittee on Civil Justice, Florida legislature, foreclosure inventory, House Bill 87, law of evidence, Matt Weidner, payments, title companies
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WRONGFUL FORECLOSURE IS NOT THE FOUNDATION FOR TITLE PROSPECTS FOR TITLE PROBLEMS ACROSS THE NATION ARE MUSHROOMING EDITOR’S NOTE: Likening the claims of the bank and the person who received a “quitclaim” deed to a Brooklyn Bridge transaction, the Court simply stated the […]

Tags: assignment, bankruptcy, borrower, challenge title, civil procedure, countrywide, disclosure, Eviction, foreclosure defense, foreclosure offense, landlord-tenant, LOAN MODIFICATION, MERS, modification, quiet title, quitclaim deed, rescission, RESPA, securitization, TILA audit, title, title insurance, trustee, US BANK, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff […]

Tags: accounting, assignment, Assignment and ASsumption Agreement, BURDEN OF PROOF, civil procedure, cut-off date, default, delivery, discovery, due process, fraud, indorsement, party seeking affirmative relief, Pleading, PSA, re-orienting the parties, third party payments, TILA, transfer, yield spread premium
Posted in Corruption, evidence, foreclosure mill, Motions, Pleading, securities fraud |

Since this question keeps popping up I figured I would take a shot at it. The theory is that by asking for a jury verdict you are taking the matter out of the hands of a politicized judge and putting it in the hands of what is likely to be a very angry jury pool […]

Tags: bifurcation, civil procedure, creditor, damages, equitable relief, jury demand, legal relief, SECURED CREDITOR
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 |

First I want to thank the readers and the lawyers for climbing aboard this train on a highly improbable journey of turning the tide on Wall Street. Many of you are doing an outstanding job in this homeowner’s war to protect your property and our way of life. I am blessed to have been the […]

Tags: borrower, civil procedure, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

The simple mortgage on a home had been broken into many pieces (tranches — See Special Purpose Vehicle (SPV)) each having characteristics of entities unto themselves. The term “borrower” was severed from the the obligation to pay. The term “lender” was severed from the risk of loss and the right to payment from the borrower. […]

Tags: civil procedure, DIRECTORS, discovery, ERRORS AND OMISSIONS, insurance, OFFICERS, risk of loss, SPV, tranches, underwriting
Posted in bubble, Corruption, Eviction, securities fraud |

HERE IS AN OUT-OF-THE BOX OFFENSIVE PROCEDURE WE PROPOSE. YOUR COMMENTS APPRECIATED. IT IS BASED UPON THE ASSUMPTION THAT THE LENDER ASSIGNED OR TRANSFERRED OR SOLD THE MORTGAGE AND NOTE RIGHT AFTER THE CLOSING ON YOUR TRANSACTION. LOGICALLY THEN THE PERSON TO WHOM YOU WOULD ADDRESS YOUR TILA, FRAUD, AND DECEPTIVE AND UNFAIR PRACTICES CLAIMS […]

Tags: ABS, CDO, civil procedure, CLO, CMO, foreclosure defense, foreclosure offense, fraud, quiet title, tranche
Posted in Eviction |