CHECK OUT OUR NOVEMBER SPECIAL Click Now to Consult with Neil Garfield DENY and DISCOVER: First you need to start with the premise that the origination (“closing”) documents were defective from the start. By naming the wrong payee and containing terms different from the terms agreed by the actual Lender (source of funds) specifically as […]

Tags: alignment of parties, cancellation of void instrument, DEED OF TRUST, demurrers, evidence, judicial, Mortgage, motions for summary judgment, motions to dismiss, motions to lift stay, non-judicial, note, Obligation
Posted in bubble, Corruption, Eviction, securities fraud |

Consider this an add-on to the workbook entitled Whose Lien is It Anyway also known as Volume II Workbook from Garfield Continuum Seminars. Several Attorneys, especially from California are experimenting with a cause of action in which an instrument is cancelled — because it throws the burden of proof onto the any party claiming the […]

Tags: cancellation of instrument, DEED OF TRUST, discovery, incomplete transactions, Mortgage, note, perfected lien, quiet title, Substitution of Trustee, unfunded obligation
Posted in bubble, Corruption, Eviction, securities fraud |

In questions certified from the United States District Court, the Supreme Court of the State of Washington En Banc concludes that MERS is not and cannot be a lawful beneficiary under Washington State Law. They decline to opine on the effect of the decision but the effects are obvious. They essentially said that only the […]

Tags: Bain, DEED OF TRUST, MERS, Washington State Supreme Court, wrongful foreclosures
Posted in bubble, Corruption, Eviction |

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: Dear Kathleen, Thank you very much for taking my call this morning. The question that Neil F. Garfield, Esq. had asked AZ […]

Tags: ARIZONA ATTORNEY GENERAL, AZ AG, cash bid, Constitutional challenge, constitutional scholars, credit bid, creditor, Darrell Blomberg, DEBTOR, DEED OF TRUST, Federal mail fraud, fraudulent act, Helen Purcell, homeowner, illegal eviction, Neil F Garfield, non-judicial statute, power of sale, RICO, San Francisco county, stranger to the transaction, Substitution of Trustee, title registrar, Tom Horne, trustee, ulta vires act, US Attorney, wild deed
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “ROYALTY” FEES FOR USE OF THEIR NAME UNDER SCRUTINY EDITOR’S COMMENT: Investors are starting to get restless as they see what is left of their “equity” in the MBS deals they advanced money to buy, dwindling to zero. They are onto the game […]

Tags: bankruptcy, Biden, borrower, countrywide, DEED OF TRUST, DELAWARE, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, MBS trustee, modification, New York, Original Trustee, quiet title, rescission, RESPA, Schneiderman, securitization, Substitute Trustee, TILA audit, trustee, WEISBAND
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE USDC CA Central -Sacchi-v-Mers-La-11-Cv11-01658-Ahm-Cwx-w EDITOR’S NOTE: Every time a Court actually looks at the documents, examines the pleadings and exhibits and asks the most basic questions, they rule in favor of the borrower. It’s not out of bias that they ruled as they […]

Tags: 2923.5, American Home Mortgage Servicing, ANGELA SACCI, assignment of mortgage, bankruptcy, borrower, CALIFORNIA, Civil Code § 2923.5, DEED OF TRUST, DOT, fidelity, foreclosure, foreclosure defense, foreclosure fraud, foreclosures, fraud, Judge A. Howard Matz, MERS, modification, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Power Default Services, Residential Credit Solutions
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Herrera v Deutsch 5-31-11 Cal 3rd District SEE HERRERA DECISION GOES PUBLIC MAKING IT BINDING ON OTHER COURTS The Substitution of Trustee recites that the Bank “is the present beneficiary under” the 2003 deed of trust. As in Poseidon, this fact is hearsay […]

Tags: Assignment of Deed of Trust, authority to substitute the trustee, Brignac, business records, California Reconveyance Company, COMPETENCE OF WITNESS, CRC, creditor, DEED OF TRUST, Deutsche Bank National Trust Company, disclosure, evidence, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, hearsay, Herrera, JPMorgan Chase Bank, judicial notice, Long Beach Mortgage Company, quiet title, rescission, RESPA, securitization, Substitution of Trustee, TILA audit, TIMING OF ASSIGNMENTS, trustee, Washington Mutual Bank
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ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION EDITOR’S COMMENT: Judge Curley has been wrestling with these issues for more than 2 years. She has heard every argument, seen every memorandum, Expert Declaration (mine) and considered everything else possible. She was led to the inescapable conclusion that BOA’s position was a farce. […]

Tags: allonge, appeals court, ARIZONA, assignment of mortgage, AZ, bac home loans, bankruptcy, countrywide, DEED OF TRUST, foreclosure fraud, Irena Zitta, Judge SARAH SHARER CURLEY, MERS, Mike Zitta, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, reconsider
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I HAD A QUESTION FROM ONE OF OUR BLOG READER-CUSTOMERS AND I REALIZED EVERYONE SHOULD SEE THE ANSWER. Chris: Your question is a smart one. Here is the deal. We provide the search capacity and if you want a complete analysis and accounting you’ll need to retain someone for that. we have that available if […]

Tags: Analysis, DEED OF TRUST, Investor, Mortgage, mortgage bond, note, Obligation, pool, receivables, securitization, title
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GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY because a foreclosure under a power of sale is not favored in the law and must be “watched with jealousy,” see In re Foreclosure of Goforth Props., 334 N.C. at 375, 432 S.E.2d at 859 (internal quotation marks omitted), we must conclude that the evidence presented […]

Tags: Assign, Cole, DEED OF TRUST, Deutsch, evidence, foreclosure, Goforth Props, HERS, HOLDER, Home Equity Theft Reporter, In re Foreclosure of Brown, indorse, make payable, Mortgage, North Carolina, Novestar Mortgage, payable, photocopy, power of sale, promissory note, Smith, Soundview, Soundview Home Loan Trust 2005-4 (`Lender’).”, transfer
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, Pleading, Servicer |