HAPPY NEW YEAR to readers who celebrate Rosh Hashanah! To all others, have a HAPPY DAY. This is a prescheduled article. ABOUT LIVINGLIES AND LENDINGLIES I have assembled a partial list of various possible claimants on the note and various possible claimants on the mortgage. Which one of these scenarios fits with your case? Once […]

Tags: ARTICLE 3, article 9 UCC, beneficiary, lender, mortgagee, mortgages, non-possessors, notes, Payee, possessors, TRUTH, UCC
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It is in court that the “loan contract” is actually created even though it is a defective illusion. In truth and at law, placing the name of the originator on the note and/or mortgage was an act of deceit. In a singular sweep of making public policy as opposed to following it, the Courts have […]

Tags: "the loan", assignment, endorsement, loan contract, Mortgage, mortgagee, mortgagor, nominee, note, Payee, TRUTH
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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
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MERS is not, as its proponents claim, a device for eliminating the recording charges on legitimate purchases and sales of mortgage loans; instead it is a “layering” device (another Wall Street term) for creating the illusion of such transfers even though no transaction actually took place. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message […]

Tags: Article 3 UCC, fraud, investors, maker, MERS IT, mortgagee, originator, Payee
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CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s […]

Tags: assiignments, Bernanke, Deny and Discover, endrosements, false securitization, Fed, Federal reserve, mortgage bonds, origination of loans, Payee, SECURED PARTY, shadow banking, TBTF, too big to fail
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Comment: At the heart of the entire scam called securitization was the abandonment — in fact the avoidance of repayment of the loans. The idea was to make bigger and bigger loans without due any evidence of due diligence, so that the “lender” could claim plausible deniability and more importantly, make a claim for […]

Tags: appraisal fraud, free house, GRETCHEN MORGENSON, ICP Capital, investment pools, lender, LTV, NYTimes, Payee, payment, perfected mortgage lien, REMIC, SECURED PARTY, SPV, Triaxx, underwriting fraud
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: I keep waiting for someone to notice. We all know that the foreclosures were defective. We all know that in many cases […]

Tags: auctioneer, borrower, credit bids, foreclosures, homeowner, interpleader lawsuit, investors, loan transaction, MERS, modifications, Mortgage, non-judicial, note, Payee, REMIC, securitization chain, servicers, Substitution of Trustee, sutbstituting trustees, trustee
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One of the interesting things about Arizona Law is that it is perfectly legal to tape record a telephone conversation without the knowledge or consent of the parties to that call. I have a tape recording of a conversation between a borrower up in Scottsdale and an officer of Deutsch bank who is in charge […]

Tags: beneficiary, DEED OF TRUST, Deutsch Bank, fiduciary, HERS, investors, One West, OneWest, Payee, payor, securitization, servicer, Tape recording, transparency, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem […]

Tags: Bellistri case, Bellistri v Ocwen Loan Servicing, beneficiary, borrower, Certainty, creditor, DEED OF TRUST, defect in title, DOT, enforceability, HERS, MERS, Moral Hazard, multiple parties, nominee, note, Obligation, Ocwen, Payee, quiet title suit, release and reconveyance, Restatement 3rd, SEPARATION OF DEED OF TRUST FROM NOTE, unmarketable
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Wells Fargo Bank, N.A. appears in many ways including as servicer (America Servicing Company), Trustee (although it does not appear to be qualified as a “Trust Company”), as claimed beneficiary, as Payee on the note, as beneficiary under the title policy, as beneficiary under the property and liability insurance, and it may have in actuality […]

Tags: 120 East Fourth Street, 2010, 2855 Elm Street, 419-228-2091, 419-229-3786, 45201-5480, 45202, 45801, 45805, 513-241-3100, 513-241-4094, 620-624 N. Main stree, agency agreement, agency authority, America Servicing Company, American Home Mortgage, appearance of propriety, as trustee, Assistant Secretary, bank charter, beneficiary, Cincinnati, co-underwriter, commercial bank, conveyance of a percentage ownership in the pool, creditor, DD615990, Depositor, documentation, Florida Notary, foreclosure, funds were advanced, HERS, HOLDER, holder of the note, homeowner, indenture, investment bank, Irving, JP Morgan Chase Bank, Kathy Smith, lender, LERNER, Lima, Linda Bayless, money, MORTGAGE BROKER, N.A, N.A Trustee, November 19, Obligation, Oh, Ohio, Option One, Option One Mortgage, Option One Mortgage Loan Trust, Option One Mortgage Loan Trust 2007-6 Asset Backed Certificates, P.O. Box 5480, P.O. Box 631730, Payee, pooling and service agreement, presumption, property and liability insurance, Prospectus, repayment of principal non-recourse, Robert B. Blackwel, SAMPSON & ROTHFUSS, securities underwriter, securitization chain, securitized loan, Series 2007-6, Suite 200, Suite 800, Susana E. Lykins, Texas, title policy, trust, Wells Fargo, Wells Fargo Bank
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |