The issue is what are the elements of the loan contract? Who are the parties? And who can enforce it? I would agree that an overpayment at closing from the source of funds is rare. What is not rare and in fact common is that the wire transfer instructions that accompany the wire transfer receipt […]

Tags: acceptance, borrowers, closing table, consideration, contract law, debt, documentation, homeowners, investors, lenders, Mortgage, note, offer
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

  I was asked a question a few days ago that runs to the heart of the problem for the banks in enforcing false claims for foreclosure and false claims of losses that should really allocated to the investors so that the investor would get the benefits of those loss mitigation payments. This is the […]

Tags: and deed of trust, Donald Duck, investment banks, investors, loss mitigation, loss sharing, Mortgage, Pooling and Servicing Agreement, promissory note, Prospectus, third party payments
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Mantor for Assessor/Recorder/Clerk of San Diego County Editor’s note: I don’t actually know Mantor so I cannot endorse him personally — but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets. Mantor is aiming straight for his issue by running for the Recorder’s Position. […]

Tags: CALIFORNIA, corruption of title, DEED OF TRUST, foreclosure, foreclosure auction rigging, George W. Mantor, investors, Mortgage, note, POLITICS, Wall Street Corruption
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

EDITOR’S NOTE: By popular demand I am writing a new workbook that is up to date on the theories and practices of real estate loans, documentation, securitizations and effective enforcement and foreclosure of the collateral (real property — i.e., the house). The book will be finished around the end of January. If you want to […]

Tags: acceptance, assignment, Bench Book, consideration, debt, foreclosure defense, foreclosure defense workbook, Garfield Continuum, Judge Jennfier bailey, loan contract, Mortgage, mortgage transactions, note, note mortgage, offer, securitization, workbook
Posted in evidence, Modification, Motions, Pleading |

  EDITOR’S NOTE: this is why I am encouraging attorneys to take cases involving foreclosure, even if the foreclosure itself is problematic. The FDCPA federal counterpart essentially states the same rules. These cases allow for damages and recovery of attorney fees that might aid in the cost of protracted litigation by a pretender lender. Most […]

Tags: business relationship, categorically, cell, cellular phones, collect a debt, collection, communicate, consumer, Debt Collection, emergency calls, exempt, exempted, exemption, express consent, factual allegations, foreclose, foreclosure, foreclosure action, landline, Mortgage, notice, phone, pre-suit, prerecorded, security interest, servicer, solicitations, telephone, telephone-solicitation
Posted in Corruption, Motions, Pleading, Servicer |

Why are our courts routinely accepting allegations and documents from foreclosing banks that they would summarily throw out if the same allegations and documents came from borrowers?  How can possession of an ALLONGE construed as ownership of the debt without any other evidence being presented? Why is the standard definition of “Allonge” ignored? IF THE […]

Tags: allonge, assignment, banking, credit bids, creditor, debt, endorsement, equal treatemnt for borrowers vs. institutions, finance, foreclosure, money, Mortgage, note
Posted in Corruption, Eviction, foreclosure mill, securities fraud |

OCC: 13 Questions to Answer Before Foreclosure and Eviction Posted on May 22, 2013 by Neil Garfield | Edit 13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the […]

Tags: action for damages, breach of contract, equitable remedy, foreclosure, fraud, intentional interference in the contractual right of another, legal remedy, Mortgage, slander of title, UNJUST ENRICHMENT
Posted in Corruption, Eviction, securities fraud |

LAW FIRM OFFERS CONTINGENCY ON SOME CASES If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the […]

Tags: borrower, contingency fees, creditor, debt, default, Detroit, economic damages, Fannie MAe, Freddie Mac, intermediaries, modification, Mortgage, note, resales, short sales, wrongful foreclosure
Posted in Corruption, securities fraud |

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer […]

Tags: Conversion of note to bond, DEED OF TRUST, foreclosure, money trail, Mortgage, originator, paper trail, Pooling and Servicing Agreement, Prospectus, securitization, SPV, UCC
Posted in Corruption, securities fraud |

WELLS FARGO MAKES HUGE ERROR ADMITTING LACK OF POWER TO BIND CREDITOR TO MODIFICATIONS OR SETTLEMENTS The simple truth is that the banks are not nearly as interested in the property as they are in the foreclosure. It is the foreclosure sale that creates the illusion of a stamp of approval from the state government […]

Tags: Bank of America, bank of new york, conversion of promissory note to mortgage bond, DEED OF TRUST, enforceability, intermediaries, Mortgage, promissory note, real parties in interest, securitization, U.S. Bank, Wells Fargo
Posted in Corruption, Eviction, securities fraud |