I have noticed on many occasions that the bankruptcy court judges are adding to the orders some language of finding that the movant is the owner of the loan. The court lacks jurisdiction to consider those issues and that is the reason why the act of lifting the stay is a ministerial act based upon […]

Tags: collateral estoppel, Deny and Discover, lift stay order, motion to lift stay, res judicata, Rooker feldman
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Tags: banktuptcy, BOA, Boston Foreclosure Party, Citi, credit bid, foreclosure, Fr. Emmanual Lemelson, Henrietta Eaton, Massachusetts, Master Servicer, motion to lift stay
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! NEIL GARFIELD, GARFIELD CONTINUUM SEMINARS, LIVINGLIES VINDICATED IN FULL NO MERIT TO FORECLOSURE ACTIONS, PAST PRESENT OR FUTURE UNLESS THE REAL CREDITOR IS PRESENT. BURDEN OF PROOF SHIFTS TO PRETENDERS 57568003-IN-RE-VEAL-w “IN THIS CASE, ONE COMPONENT OF PRUDENTIAL STANDING IS […]

Tags: 9TH CIRCUIT, AHMSI, ARTICLE 3, ARTICLE 9, Bank of America, bankruptcy, BAP, borrower, countrywide, creditor, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, MERS, mortgage meltdown, motion to lift stay, NINETH CIRCUIT, note, Option One, PROOF OF CLAIM, PRUDENTIAL STANDING, quiet title, REAL APRTY IN INTERST, rescission, securitization, standing, TILA audit, trustee, UCC, UNIFORM COMMERCIAL CODE, Wells Fargo
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Fontes-MEMO-9th Ciruit BAP – Judge Jury a Member of the Panel The collateral benefit MUST go solely to the homeowner. If the creditor chooses not to exercise any right or intention to collect, it is not a license for ANYONE to come in […]

Tags: 9TH CIRCUIT, ASC, bankruptcy, BAP, Chapter 13, creditor, FONTES, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, HSBC, MERS, motion to lift stay, quiet title, REAL PARTY IN INTEREST, rescission, securitization, standing, trustee, Wells Fargo
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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary In his experience, Mr. Shaev said: “The attorneys who represent the banks invariably state that they will get the collateral file for us and prove that the banks had possession of the documents at the appropriate time. But then when we review the file it […]

Tags: bankruptcy, BKR, Chapter 13, Chapter 7, creditor, MLS, motion to lift stay, SECURED CREDITOR, US TRUSTEE
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2010/10/09 at 2:03 pm submitted by Brian Davies EDITOR’S NOTE: By naming only the originating lender of record — that is, the only instrument in the title record as per the county recording office, you immediately shift the burden onto any pretender lender to explain what they are doing in court. If you look down […]

Tags: bankruptcy, creditor, encumbrance, MLS, mortgage bond, motion to lift stay, note, Obligation, secured, standing
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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 |

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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
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Dist Ct. Case No. 2-09-CV-00661-KJD-L Bankr. Ct Case No. BK-S-07-16645-LBR MERS_Hawkins-DistCtAffirmsBK Appeal by MERS from Bankruptcy Court decision denying MERS’ motion for lift of automatic stay in 18 cases. Affirmed by District Court. The significance of this decision is that it gives a simple explanation for the findings by dozens of other judges. Here are […]

Tags: bankruptcy court, MERS, motion to lift stay, realparty in interest, standing
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  NOW AVAILABLE OF AMAZON/KINDLE! EDITOR’S NOTE:MY WIFE WILL KILL ME IF SHE FINDS OUT I’VE BEEN WORKING. SHHHHHHHHH. This news is irresistible. MERS is all but dead with this single decision (see below). Here are the salient points:   MERS is not a beneficiary even if the mortgage deed or deed of trust states […]

Tags: affifrmative defenses, allonge, assignment, bankrupty, beneficiary, cloud on title, DEED OF TRUST, defenses, discovery, interrogatories, invalid deed of trust, invalid mortgage deed, Investigation, lack of standing, lawsuit, MERS, money judgment, mortgage deed, motion for contempt, motion to lift stay, motion to strike pleadings, motion tocompel, notice of deposition, real financial interest, request for access, request for admissions, request toproduce, RESPA, standing, TILA, unsecured loan, unsecured obligationunsecured note, void deed of trust, void mortgage deed
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