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 |

The only party that can make a credit bid (i.e., use the foreclosure judgment instead of paying cash) is one who is still a senior secured creditor as to the property being auctioned. In my review of the results of many auctions it is apparent that a credit bid was submitted by a party relying […]

Tags: Branch Banking v Tomblin, credit bid, Grable v Nunez, judgment creditor, senior creditor
Posted in Uncategorized |

The one thing that is perfectly clear is that at some point the state legislatures who govern title to property already have a huge problem brewing under their feet. There is no doubt in my mind, that the solution will follow the example of the Murphy Act in Florida when title became unintelligible some 80 […]

Tags: credit bid, creditor, recorded rescission, rescission, title
Posted in Uncategorized |

As I have been writing and talking about the forced judicial sales, my opinion has always been that in most cases there is an absence of evidence that the party making the credit bid was in fact the creditor thus entitled to make a “credit bid” at the auction. The credit bid is an allowance […]

Tags: beneficiary under deed of trust, cash bid, credit bid, deedof trust, foreclosure defense, fraud, securitization, Substitution of Trustee, wrongful foreclosure
Posted in Uncategorized |

There have been multiple questions directed at me over the issue of consideration arising from presumptions made about a note and mortgage that appear to be facially valid. Those presumptions are rebuttable and indeed in many cases would be rebutted by the actual facts. That is why asserting the right defenses is so important to […]

Tags: adequacy of consideration, consideration, contract law, credit bid, creditor, creditor bid, discovery, foreclosure sale
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, Servicer |

One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic […]

Tags: Auction, Bill Paatalo, credit bid, default, foreclosure sale, Notice of Default, Notice of Sale, redemption, reinstatement, standing
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Call 520-405-1688  for West Coast legal Representation and 954-495-9867 for East Coast legal Representation AND 850-765-1236 for Northern Florida Representation Educate Yourself and Your Lawyer: Purchase Memberships, Books, Services from our Online Store Customer Service West Coast 520-405-1688 East Coast 954-495-9867 GET HELP!!! As I have previously stated on these pages the changes in the […]

Tags: account receivable, BID, BOND receivable, cash bid, credit, credit bid, creditor, foreclosure auction, Investor, note receivable, strategy of delay
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Servicer |

I was speaking with Patrick Giunta, Esq. a successful foreclosure trial attorney in Fort Lauderdale about credit bids, necessary and indispensable parties, standing and strategy and I thought I would make a blog out of it. His direct number is 954-928-0100 and his office is located on Federal Highway. But you will probably have more […]

Tags: account receivable, BOND receivable, business records exception, credibility, credit bid, creditor, hearsay rule, mortgage bond, mortgage note, necessary and indispensable party, note receivable, Patrick Giunta, standing
Posted in Corruption, evidence, Servicer |

http://dtc-systems.net/2013/05/top-democrats-introduce-legislation-protect-military-families-foreclosure/ CALL OR WRITE TO FLORIDA GOVERNOR — THE CLOCK IS TICKING Veto Clock Ticking on Florida Foreclosure Bill HB 87 http://4closurefraud.org/2013/05/30/veto-clock-ticking-on-florida-foreclosure-bill-hb-87/ DISCOVERY TIP: Has anyone asked for a received the actual agreement between the party designated as “lender” and MERS? Please send to neilfgarfield@hotmail.com. Questions for interrogatory and request to produce, possible request for […]

Tags: 13 questions, 4th DCA Cromarty v Wells Fargo, agreement between lender and MERS, AGREEMENT BETWEEN MERS AND "LENDER", asset pool, assignment, Assignment and ASsumption Agreement, credit bid, creditor, endorsement, florida foreclosure, FLORIDA HB 87, GREEN V CHASE 4-5-2013, MERS, mortgage bonds, Pooling and Servicing Agreement, protection of military families, PURPOSE OF MERS, Real estate
Posted in Corruption, Eviction |