Legal presumptions are not meant to be used as a means for achieving an illegal or unjust result. But they do exactly that when apparently facially valid documents are left unchallenged. A successful challenge to the credibility of the source of documents initially filed in foreclosure will end the case in favor of the homeowner. […]

Tags: credibility, evidence, evidentiary hearing, legal presumptions, securitization
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – […]

Tags: co-obligor, commingled money, contract, creditors, escrow superfund, evidentiary hearing, judge, Master Servicer, naked nominees, pool, PSA, REMICS, securitization, signature, subservicer
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – […]

Tags: appeals court, appellate court, borrower, Darrell Blomberg, discovery, due process, evidence, evidentiary hearing, homeowner, information, pretender lender, Wells Fargo, Wells Fraudgo
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm For PARALEGALS LAWYERS HOMEOWNERS NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney-Paralegal Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer […]

Tags: appeals court, appellate court, borrower, Darrell Blomberg, discovery, due process, evidence, evidentiary hearing, homeowner, information, pretender lender, Wells Fargo, Wells Fraudgo
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s […]

Tags: appeals court, appellate court, borrower, Darrell Blomberg, discovery, due process, evidence, evidentiary hearing, homeowner, information, pretender lender, Wells Fargo, Wells Fraudgo
Posted in Uncategorized |

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: WISCONSIN COURT GETS IT: HEARSAY, PROOF, HOLDER NOT THE SAME AS CREDITOR, ETC. AFFIDAVIT THROWN OUT FOR LACK OF PERSONAL KNOWLEDGE. In short everything we have been saying here was followed by the Court. Expect more decisions like this coming from other states. In other words, false […]

Tags: affidavit, appeals court, assignment of mortgage, aurora loan servicing, chain of title, competence, David J. Carlsen, evidence, evidentiary hearing, failure, foreclosure defense, foreclosure fraud, foreclosure offense, hearsay witness, Kelly Conner, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Nancy L. Carlsen, securitization, TRIAL, Wisconsin
Posted in bubble, Corruption, Eviction, securities fraud |

GMAC has failed to demonstrate that it is the holder of the Note because, while it was in possession of the Note at the evidentiary hearing, it failed to demonstrate that the Note is properly payable to GMAC Once the securities have been sold, the SPV is not actively involved. IN RE WEISBAND In re: […]

Tags: adequate protection payments, adjustable rate promissory note, allonge, ARIZONA, Aurora Loan Services ("Aurora"), case or controversy, endorsement, evidentiary hearing, FISA, Flow Interim Servicing Agreement ("FISA"), GMAC as the sub-servicer, GreenPoint Mortgage Funding, GreenPoint Mortgage Funding Trust ("Trust"), HERS, HOLLOWELL, Inc., Inc. ("GreenPoint", Lehman Brothers Holdings, Lehman Capital, Master Servicer, MERS, Mortgage Electronic registration Systems, Mortgage Loan Sale and Assignment Agreement ("MLSAA"), Motion for Relief from Stay, motion to lift stay, prohibition on third-party standing, REAL PARTY IN INTEREST, Reconstituted Servicing Agreement, Ronald Ryan, SASC, standing, Structured Asset Securities Corporation ("SASC"), third-party standing, trust, Trust Agreement, Tucson, U.S. Bank National Association ("U.S. Bank"), WEISBAND
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. […]

Tags: bankruptcy, BOND, borrowers, CLE, creditors, debtors, DEED OF TRUST ANALYSIS, deeds of trust, DEPOSITIONS UPON WRITTEN QUESTIONS., discovery, DVL, EMERGENCY MOTIONS, evidentiary hearing, EXPERT DECLARATIONS, EXPERT EVIDENCE, FACT EVIDENCE, foreclosure defense and offense, FORENSIC EVIDENCE, FORENSIC REPORTS, FORMS, Garfield Continuum, homeowners, interrogatories, investors, Mortgage, MOTION, MOTION TO COMPEL, MOTION TO DISMISS, motion to lift stay, NEIL GARFIELD, note, Notice of Default, Obligation, QUESTIONS OF FACT, QWR, REAL PARTY IN INTEREST, REMICS, REQUESTS FOR ADMISSIONS, REQUESTS TO PRODUCE, rescission, RESPA, securitization, securitized residential mortgages, splitting note from security instrument, standing, TEMPORARY RESTRAINING ORDERS, TILA, TILA audits, trustee, TRUSTEES, TRUSTS, workshop
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 |