NOTE: This case reads like  law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that […]

Tags: allonge, assignments, Cannela decision, debt, DEED OF TRUST, endorsement, indorsement, Mortgage, note, Obligation, REMIC trustee, U.S. Bank
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

There is a difference between the note contract and the mortgage contract. They each have different terms. And there is a difference between those two contracts and the “loan contract,” which is made up of the note, mortgage and required disclosures.Yet both lawyers and judges overlook those differences and come up with bad decisions or […]

Tags: borrower, creditor, debt, default, HOLDER, holder in due course, legal standing, liability, maker, merger doctrine, mortgage contract, non-creditor, note contract, Obligation, Payee, probate, promissory note
Posted in Uncategorized |

CHECK OUT OUR NOVEMBER SPECIAL Click Now to Consult with Neil Garfield DENY and DISCOVER: First you need to start with the premise that the origination (“closing”) documents were defective from the start. By naming the wrong payee and containing terms different from the terms agreed by the actual Lender (source of funds) specifically as […]

Tags: alignment of parties, cancellation of void instrument, DEED OF TRUST, demurrers, evidence, judicial, Mortgage, motions for summary judgment, motions to dismiss, motions to lift stay, non-judicial, note, Obligation
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: Stopa’s article runs to the heart of the matter and it’s time WE faced the reality that payment, not magic, discharges what you owe. And the other reality is that if you try to win your entire case in preliminary hearings, […]

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, Obligation, payment, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: If the Pretender Lenders follow true to form they will (1) have MERS execute an assignment of BOTH the Mortgage (or Deed of Trust) and the Note and (2) create some documentation that appears to give MERS the ownership of the […]

Tags: 926 N.Y.S.2d 532 (2d Dep’t 2011), assignment, bank of new york, Bank of New York v. Silverberg, bankruptcy, borrower, CHADBOURNE & PARKE LLP, CONSOLIDATION AGREEMENT, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, MERS, modification, Obligation, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

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
Posted in bubble, Corruption, Eviction, securities fraud |

I HAD A QUESTION FROM ONE OF OUR BLOG READER-CUSTOMERS AND I REALIZED EVERYONE SHOULD SEE THE ANSWER. Chris: Your question is a smart one. Here is the deal. We provide the search capacity and if you want a complete analysis and accounting you’ll need to retain someone for that. we have that available if […]

Tags: Analysis, DEED OF TRUST, Investor, Mortgage, mortgage bond, note, Obligation, pool, receivables, securitization, title
Posted in Uncategorized |

FROM ANONYMOUS, MY FAVORITE CONTRIBUTOR 🙂 EDITOR’S NOTE: I would be better off and so would our readers if I could be as succinct in my writing as Anonymous. Somehow it always takes me longer to say what he does in a few sentences. Use HIS version instead of mine whenever possible. My version is […]

Tags: anonymous, BOND, Mortgage Loan Purchase Agreement, note, Obligation, Repurchase, single transaction
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud, 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 |