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 NOT permitted to […]

Tags: assignment, bankruptcy, endorsement, evidence, holder owner, indorsement, mortgage litigation, original note, presumptions, transfer of debt, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

See 2D08-3553 Fla 2d DCA BAC v Ginelle Jean-Jacques This is the reason why I am offering the workshop on Expert Witnesses, i.e. — to highlight the rules of evidence, to coach those who would present opinions as evidence and to hone the skills of the litigator. While apparently narrow in its scope and reasoning, […]

Tags: assignment, BAC, evidence, incomplete, lssumptions, original mortgage, original note, presumptions, show me the note, summary judgment, U.S. Bank, unauthenticated, unsigned
Posted in bubble, Corruption, Eviction, securities fraud |

Thank You ABBY! This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, […]

Tags: AGGREGATOR, allonge, assignment, Chase, CIK number, COK, DEED OF TRUST, fwp, JP Morgan Acquisition Corp, JPMAC, MERS, mortgage backed bonds, officer, original note, pool, pooling and service agreement, Power of Attorney, PSA, SEC, SPV, trust, trustee, WAMU, Washington Mutual
Posted in bubble, Corruption, Eviction, securities fraud |

Original Note Required: fl-statute-90

Tags: duplicate note, foreclosure defense, foreclosure offense, lost note, original note
Posted in Eviction |

Note produced and Mortgage is not: Several possible answers: Mortgage itself is not required in original form but a certified copy of what is recorded is required. That they do not have the original stamped copy is indicative but not proof that the mortgage was assigned or transferred in some way. Therefore you want someone […]

Tags: evidence, foreclosure defense, hypothecate, original mortgage, original note, personal knowledge, recorded, securitization, transfer
Posted in Eviction |

Start with GARFIELD’S GLOSSARY ABOVE: HERE IS ARE SOME OF THE RECENT ADDITIONS TO THE GLOSSARY AND TACTICAL CONSIDERATIONS: Deed of Trust An instrument signed by a borrower, lender and trustee that conveys the legal title to real property as security for the repayment of a loan. The written instrument in place of mortgage in […]

Tags: ABS, DEED OF TRUST, default, due process, foreclosure, legal standing, lender, NON-JUDICIAL SALE, original note, REAL PARTY IN INTEREST, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

I found an excellent article by an excellent writer I would like to share with you. It underscores the importance of the requiring the lender to prove the original note, the ownership of the note and mortgage and the alleged non-payment. There is much more. If you are involved in a foreclosure or you are […]

Tags: affirmative defenses, affirmative defenses to foreclosure, discovery, foreclosure defense, original note
Posted in Eviction |