You must remember the judiciary moves slowly is assimilating new facts or patterns in the marketplace. In order to break through a Judge’s preconception of the mortgage origination process, you need to have something that is clear in is presentation of facts, and obvious in its impact. The reasons for having analysis performed by an […]

Tags: affordability, April Charney, audit, brad keiser, damages, deceptive lending, demand letter, Discrepancies, DVL, evidence, facts, forensic analysis, independent third party, latent violations, MAX GARDNER, patent violations, predatory lending, programming, QWR, refunds, REPA, TILA
Posted in bubble, Corruption, Eviction, securities fraud |

See 2D08-3553 Fla 2d DCA BAC v Ginelle Jean-Jacques This is the reason why I am offering the workshop on Expert Witnesses, i.e. — to highlight the rules of evidence, to coach those who would present opinions as evidence and to hone the skills of the litigator. While apparently narrow in its scope and reasoning, […]

Tags: assignment, BAC, evidence, incomplete, lssumptions, original mortgage, original note, presumptions, show me the note, summary judgment, U.S. Bank, unauthenticated, unsigned
Posted in bubble, Corruption, Eviction, securities fraud |

The mistake I detect from those who are not faring well in court is the attempt to treat preliminary motions and hearings as opportunities to prove your entire case. Don’t talk about conspiracy and theft, talk about evidence and discovery. every debtor is entitled to know the identity of the creditor, the full accounting for […]

Tags: creditor, David Stockman, DEBTOR, evidence, evidentiary hearing, Federal reserve, full accounting, identity, mediation, modifications, New York Times, off balance sheet, off shore, reconciliation, yield spread premium
Posted in bubble, Corruption, Eviction, securities fraud |

In virtually all cases you will not find a person with any relationship to the creditor, investor, or pool. This is because servicers, trustees and other firms in the securitization chain are proceeding on their own initiating foreclosures without instructions, knowledge or any documentation from the creditor, investor or pool. Editor’s Note: Greyhawk is of […]

Tags: April Charney, assignment, Bank of America, creditor, evidence, fabrication, Florida, forgery, Greyhawk, LOAN APPLICATION, notary, note, originator, pool, produce the note, Signatures, trustee, Wells Fargo, witnesses
Posted in bubble, Corruption, Eviction |

all we have left is the obligation, unsecured and subject to counterclaims etc. MOST IMPORTANT procedurally, it requires a lawsuit by the would-be forecloser in order to establish the terms of the obligation and the security, if any. This means they must make allegations as to ownership of the receivable and prove it — the […]

Tags: chain of title, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, investors, lenders, MERS, Obligation, securitization, Signatures, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Also submitted by: mortgagefrauds@aol.com Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in […]

Tags: affidavit, asset backed notes, bailout, borrower, collusion, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, HSBC, Indenture trustee, New York, personal knowledge, real property actions, securitization, shack, valentin
Posted in bubble, Corruption, Eviction, securities fraud |

The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to […]

Tags: Eviction, evidence, foreclosure, foreclosure defense, foreclosure offense, fraud, lost, lost document, lost note affidavit, quiet title, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER “ABOUT NEIL GARFIELD” AND ELSEWHERE AS POSTED BY MARIO KENNY. HE’S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY […]

Tags: cross examination, evidence, foreclosure defense
Posted in Eviction |

Note produced and Mortgage is not: Several possible answers: Mortgage itself is not required in original form but a certified copy of what is recorded is required. That they do not have the original stamped copy is indicative but not proof that the mortgage was assigned or transferred in some way. Therefore you want someone […]

Tags: evidence, foreclosure defense, hypothecate, original mortgage, original note, personal knowledge, recorded, securitization, transfer
Posted in Eviction |