12debt.html?_r=1&ref=business EDITOR’S NOTE: It is ironic how reality eventually catches up with illusion. While we have been pounding on the issue of principal reduction as the only realistic way out of the recession, and while the financial industry has been busy convincing people that principal reduction is somehow immoral, the contraction of home prices back […]

Tags: appraisals, David Streitfeld, fraud, home equity, Mortgage, predatory
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud |

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 |

More and more states are following the example set by the federal government in requiring mediation or modification attempts before going forward with litigation. We think that is a good idea in theory, but without the teeth that is in the enabling rules and statutes in Florida, you are just going to end up playing […]

Tags: authority, decision-maker, Florida Modification, investors, mediation, modification, Mortgage, note, Obligation
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Therefore they cannot convey any interest in a note, mortgage, debt or obligation since they expressly do not own it and in fact openly disclaim it. And stating the obvious the decision says that that note is payable to a specific payee. It must therefore be endorsed by that payee for it to be transferred. […]

Tags: assignments, Bayshore, debt, endorsements, HERS, MERS, Mortgage, note, Obligation, REAL PARTY IN INTEREST, standing
Posted in Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

TURNING A DEFENSE INTO AN AFFIRMATIVE DEFENSE FOR SET OFF AND A CLAIM OR COUNTERCLAIM FOR DAMAGES AND ATTORNEY FEES So the question is how would you allocate third party payments and what difference will that make to a Judge hearing the case. ASSUMPTION: XYZ Investment Banking Holding company has received a total of $50 […]

Tags: Allocation of Third Party Payments, appraisal fraud, default, FICO, HERS, identity theft, Mortgage, note mortgage, Obligation, payments, principal, securities fraud
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 |

Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity […]

Tags: AFFIRMATIVE RELIEF, amortization, assignment, assumption, authenticity of the assignment, BURDEN OF PROOF, credit default swaps, credit enhancement, cutoff date, DEED OF TRUST, discovery, full accounting of all payments, identity of the creditor, insurance, judicial economy, judicial proceeding, Mortgage, Motion Practice, non-judicial statutes, note, Obligation, offer AND an acceptance, owed on my obligation, payments from third parties, pooling and service agreement, prima facie case, pro se litigants, securitization, UNCONSTITUTIONAL
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

YOU DON’T NEED TO BE DELINQUENT TO SETTLE OR MODIFY. It might just be a good time to pick up the phone right now and call the servicer, trustee, or whoever is saying they have your loan (even though they don’t) and make a deal. Think about it first. Don’t be too generous to them […]

Tags: "modification" agreement, BofA, Complaint to Quiet Title, David Streitfeld, delinquent, friendly quiet title action, LAWYER, modification, Mortgage, Obama, quiet title, servicer, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Rule of Thumb: If they can’t execute a release or satisfaction of the mortgage, then they can’t foreclose. And if they did, it is reversible. Whistle-Blower: Banks Give Homeowners the Runaround “In our managers meeting, which can last eight or nine hours, we probably addressed mortgage modifications five minutes or less,” the banker said. Editor’s […]

Tags: ABC World News, creditors, DAVID MUIR, Diane Sawyer, foreclose, foreclosure defense, heavy caseloads, homeowners, judicial states, Mortgage, mortgage modification, non-judicial, release, satisfaction, securitization, securitized mortgages, Wells Fargo, Whistle-Blower
Posted in bubble, Corruption, Eviction, securities fraud |

March 25, 2010 U.S. Plans Big Expansion in Effort to Aid Homeowners By DAVID STREITFELD The Obama administration on Friday will announce broad new initiatives to help troubled homeowners, potentially refinancing several million of them into fresh government-backed mortgages with lower payments. Another element of the new program is meant to temporarily reduce the payments […]

Tags: David Streitfeld, LOAN MODIFICATION, Mortgage, New York Times, Obama administration, principal reduction, TARP
Posted in bubble, Corruption, Eviction, securities fraud |