We get it. Judges don’t like statutory rescission under TILA. They are not required to like TILA rescission but they are required to follow it. This decision openly defies the SCOTUS ruling and refuses to apply it. Despite clear legislative intent to prevent banks from stonewalling rescission they are succeeding in doing so nonetheless as […]

Tags: 20 days, damages, disclosure, disgorgement, effective, foreclosure defense, foreclosure offense, fraud, jesinoski, Mortgage, note, securitization, TILA rescission
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MEGAN WACHSPRESS, JESSIE AGATSTEIN & CHRISTIAN MOTT published an article that takes dead aim at the “free house” controversy. In the Yale Law Review they come to the conclusion that (1) the house isn’t free to any homeowner even if they escape the mortgage and (2) the projected social cost of  market values are wrong. […]

Tags: free house, free market, Mortgage, note, ownership, Yale
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 current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of “anything but a free house.” the Courts may think they are saving the financial system, the economy and our society from disintegration, […]

Tags: consideration, debt, foreclosure defense, foreclosure offense, fraud, free house, note, securitization, YALE LAW REVIEW
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WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583  Our services consist mainly of the following: 30 […]

Tags: disclosure, foreclosure, foreclosure defense, fraud, HOLDER, NON-HOLDER, note, OWNER, possessor
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Our legal history has many examples of enormous errors committed by the Courts that were obvious to some but justified by many. The result is usually mayhem. The cause is a bias toward some underlying fact that was untrue at the time. Some examples include  the infamous Dred Scott decision where the Supreme Court ruled […]

Tags: ARTICLE 3, ARTICLE 9, bias, foreclosure, Mortgage, negotiable paper, note, rescission, TILA, UCC
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see FORECLOSURE, SECURITIZATION DON’T MIX ROCKY&#39S+ARTICLE+in+the+CAPE+COD+TIMES+February+21,+2015 As I write this, I have no recall of Mr. Ludden before today. BUT his article in of all places, the Cape Cod Times, struck me as astonishing in its concise description of the illegal foreclosures that are skimming past Judges desks with hardly a look much less the […]

Tags: assignment, cutoff, default, investors, Mortgage, note, real default, securitization, servicer advacnes, street name nominee
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Further information please call 954-495-9867 or 520-405-1688 No radio show tonight because of birthday celebration — I’m 68 and still doing this ============================== The enforcement of promissory notes lies within the context of the marketplace for currency and currency equivalents. The enforcement of mortgages on real property lies within the the context of the marketplace […]

Tags: assignment, consideration, debt, endorsement, enforcement of debt, enforcement of mortgage, enforcement of note, loan contract, Mortgage, note, Regulation Z, rescission, Scalia, TILA
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Living Lies Narrative Corroborated by Increasing Number of Respected Economists It has taken over 7 years, but finally my description of the securitization process has taken hold. Levitin calls it “securitization fail.” Yves Smith agrees. Bottom line: there was no securitization, the trusts were merely empty sham nominees for the investment banks and the “assignments,” […]

Tags: Empty Trust, false securitization, fraud, holder in due course, LEVITIN, Mortgage, Naked Capitalism, note, REMIC TRUST, securitization fail, servicer misconduct, student loans, yves Smith
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: appraisals, Assignment and ASsumption Agreement, broker-dealer, CDO manager, closing agent, distribution reports, form over substance, guarantees, insurance, legal presumptions, Master Servicer, MBS, Mortgage, mortgage backed bonds, note, originator, Pooling and Servicing Agreement, Porter Study, Prospectus, ratings, REMIC, Reserve, SECURITIZATION DOCUMENTS, Servicer advances, title and securitization reports, trust, trustee
Posted in bubble, Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

After years of writing about the AMGAR program, people are finally asking about this program. So here is a summary of the program. As usual I caution you against using my articles as the final word on any subject. Before you make any decisions about your loans, whether you are in foreclosure, collection or otherwise […]

Tags: AMGAR, debt, foreclosure, homeowners, investors, Mortgage, note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |