The Common Misconception About Notes and Debt For most people—including lawyers and judges—the concept of endorsing a promissory note and delivering the “original” means only one thing: The note is evidence of the debt. Under the merger doctrine, the transfer of the note equals transfer of the debt. Therefore, the transferee “owns” the debt. Banks […]

Tags: debt, promissory note
Posted in evidence, foreclosure defenses, securities fraud, Uncategorized |

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 |

  I was asked a question a few days ago that runs to the heart of the problem for the banks in enforcing false claims for foreclosure and false claims of losses that should really allocated to the investors so that the investor would get the benefits of those loss mitigation payments. This is the […]

Tags: and deed of trust, Donald Duck, investment banks, investors, loss mitigation, loss sharing, Mortgage, Pooling and Servicing Agreement, promissory note, Prospectus, third party payments
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays GUEST TONIGHT: KENNETH HANKS, ESQ. TITLE EXPERT One might ask why a lender would delay the prosecution of their claim. The answer is that they wouldn’t delay if they thought they had a solid claim. I know. […]

Tags: dismissal for lack of prosecution, mortgage bond, New Jersey, promissory note, statutes of limitation, validity of mortgage, validity of note, wrongful foreclosure
Posted in evidence, foreclosure defenses, foreclosure mill, Pleading |

Amongst the cases I review and manage, the question was raised by one of the homeowners as to why I insisted on holding both the originator and subsequent intermediaries in the alleged securitization chain and/or table-funded loan where both the party alleging having (1) the capacity to sue see SEC Corroborates Livinglies Position on Third […]

Tags: accounting rules, borrower, creditor, dismissal, dismissal with prejudice, false pretenses, financial accounting standards Board, illusion, promissory note, proof of loss, proof of payment, proof of sale, REMIC, sale of the loan, signature, table funded loan, trust, Truth in Lending Act, UNJUST ENRICHMENT
Posted in Corruption, Eviction, securities fraud |

WELLS FARGO MAKES HUGE ERROR ADMITTING LACK OF POWER TO BIND CREDITOR TO MODIFICATIONS OR SETTLEMENTS The simple truth is that the banks are not nearly as interested in the property as they are in the foreclosure. It is the foreclosure sale that creates the illusion of a stamp of approval from the state government […]

Tags: Bank of America, bank of new york, conversion of promissory note to mortgage bond, DEED OF TRUST, enforceability, intermediaries, Mortgage, promissory note, real parties in interest, securitization, U.S. Bank, Wells Fargo
Posted in Corruption, Eviction, securities fraud |

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: abridgment, collateral, credit default swaps, duty to mitigate, expectancy, guarnatees, insurance, investment banker, loans, mitigation of damages, mortgage bond, mortgages, promissory note, REMIC, third party payments
Posted in Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – […]

Tags: ARTICLE 3, article 9 UCC, co-obligors, defaulted loan, discharge debt, golant, Libor, Matt Weidner, negotiable instrument, notes, pool, promissory note, securitization, sham transaction, Sims v New Falls, uniform secured note
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 […]

Tags: Bankers, Barack Obama, borrower, CDS, Citi, Citimortgage, counterparties, credit default swaps, credit enhancements, creditor, Department of Justice, Deutsch Bank, Deutsche Bank Securities, FHA, Financial Fraud Enforcement Task Force., fraud patterns, homeowner, HUD, lender, mortgage bonds, mortgage industry, MORTGAGEIT, promissory note, quality control program, REMIC, securitization, security instrument, trust, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 […]

Tags: Allied Home Mortgage Corp, annual certifications, Bankers, Barack Obama, beneficiaries, borrower, CDS, Christopher B Harwood, Citi, Citimortgage, closing papers, counterparties, credit default swaps, credit enhancements, creditor, cross guarantees, cross obligations, David A Montoya, DB Structured Products Inc., debt instruments, deed of sale, DEL program, Department of Justice, Deutsch Bank, Deutsche Bank Securities, Direct Endorsement Lender Program, exotic instruments, fake securitization chain, false certifications, False Claims Act, FHA, FHA insurance, Financial Fraud Enforcement Task Force., Flagstar Bank FSB, fraud patterns, Helen Kanovsky, homeowner, HUD, Judge Lewis Kaplan, Lara K Eshkenazi, lender, mortgage bonds, mortgage industry, mortgage pool, MORTGAGEIT, OIG, Pandemic Lying Admission, Pierre G Armand, Preet Bharara, President Obama, private lenders, promissory note, quality control program, reckless lending practices, REMIC, SDNY, Securities and Commodities Fraud Working Group, securities firms, securitization, security instrument, Southern District of New York, Stuart F Delery, synthetic asset obligations, trust, trustee, U.S. Attorney Civil Frauds Unit
Posted in Uncategorized |