Based on questions that greeted me when I got to my desk this morning, here are just some of the thoughts that apply — a case review and analysis for each case being necessary to actually draft the right questions and to close any trap doors. Let us help you plan for trial and draft […]

Tags: authority, authority to represent, beneficiaries, discovery, Hawaii, motion for summary judgment, Motion Practice, motion to compel discovery, MOTION TO DISMISS, owner of the debt, REMIC TRUST, settlor, Supreme Court, trustee, Trustor
Posted in Uncategorized |

Hawaii Supreme Court Restores Balance in Foreclosure Cases Now that courts are less fearful of triggering an economic meltdown, judges are returning to legal decisions instead of political ones. The Hawaii Supreme Court has taken a major step in that direction with a landmark ruling reaffirming long-standing civil procedure principles and giving homeowners a fairer […]

Tags: ACCESS TO COURTS, bac home loans, Bank of America, countrywide, discovery, legal presumptions, legal standing, MOTION TO DISMISS, notice pleading, plasubility pleading, Reyes-Toledo, TRUTH, wrongful foreclosure
Posted in foreclosure defenses, Foreclosure Questions, Pleading |

If you want to show examples of what you are alleging and can prove at trial (after discovery) the recent rules and decisions of the federal courts may help, if you are careful. Submission of illustrative materials is most probably advisable in federal practice. It might be allowed in state courts as well. The submission […]

Tags: 12(b)(6), 12(c), 7th Circuit, Federal rules, illustrative materials, Marion Healthcare, motion for judgment on the pleadings, motion for sumamry judgment, MOTION TO DISMISS, pleading requirements, Supreme Court
Posted in Uncategorized |

What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the trust reduces the “trust” to a pile of ashes. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU […]

Tags: bankruptcy, borrower, digital signature, disclosure, dismissal, electronic signature, foreclosure defense, foreclosure offense, fraud, MLS, mortgage bonds, Mortgage Loan Schedule, MOTION TO DISMISS, Nonexistent REMIC Trusts, PSA, Sanctions, securitization, servicer, trustee
Posted in Uncategorized |

Slowly but surely it seems that the court system are now taking notice of the fact that there is something intrinsically wrong with both the mortgages and the foreclosure process. In this case the Rhode Island Supreme Court specifically found the grounds that could establish that the mortgage was not validly assigned. This case was […]

Tags: Assignment of Mortgage and Loan Documents, Aurora Bank FSB f/k/a Lehman Brothers Bank, Bank of America, ever bank, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., MOTION TO DISMISS, Urban Lending Solutions
Posted in Corruption, evidence, expert witness, foreclosure defenses, Motions, Pleading, Servicer |

The Wadsworth case clearly shows that the appellate courts are requiring the trial court to scrutinize the claims and filings of would-be forecloser and that things like notice of acceleration and the right to cure are important enough to reverse summary judgment. This is directly contrary to the rulings of many judges who say that […]

Tags: alteration of instrument by lender, Bank of America, Beaumont, Florida appeals, MOTION TO DISMISS, paragraph 22, summary judgment, Wadsworth
Posted in Corruption, evidence, foreclosure mill, Motions, Pleading, Servicer |

see also https://livinglies.me/2013/04/29/hawaii-federal-district-court-applies-rules-of-evidence-bonymellon-us-bank-jp-morgan-chase-failed-to-prove-sale-of-note/ If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and […]

Tags: breach of contract, DECLARATORY RELIEF, defensive strategies, Elizabeth Warren, money damages, MOTION TO DISMISS, offensive strategies, Practice note, quiet title, slander of title, Title Corruption, title record, UNJUST ENRICHMENT
Posted in bubble, Corruption, securities fraud |

Editor’s Note: In an extremely well-written and well reasoned decision Federal District Court Judge M. James Lorenz denied the Motion to dismiss of US Bank on an alleged WAMU securitization that for the first time recognizes that the securitization scheme could be a sham, with no basis in fact. Although the Plaintiff chose not to […]

Tags: accounting from master servicer, accounting from sub-servicer, assignment, attempt to securitize, California Reconveyance Company, cloud on title, Colleen Irby, CRC, cut-off date, Debt Collectors, FDCPA, fraud in origination of loan documents, livinglies-store.com, loan receivable, Lorenz, MOTION TO DISMISS, qualified written request, quiet title, QWR, RESPA 6, true credidtor, trust document, U.S. Bank, Unfair Competition LAw, WAMU
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE 56545204-MBIA-v-MS-DENIED-w It is interesting how the same allegations made by an institution are taken more seriously. In fact, the Court leaves in the prayer for punitive, consequential and future damages. Here MBIA is suing Morgan Stanley for lying about the risks and the […]

Tags: borrower, creditor, disclosure, foreclosure, foreclosure offense, foreclosures, fraud, Lender Liability, MBIA, Morgan Stanley, mortgage meltdown, MOTION TO DISMISS, rescission, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

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 |