The banks were not taking risks. They were making risks and profiting from them. Or another way of looking at it is that with their superior knowledge they were neither taking nor making risks; instead they were creating the illusion of risk when the outcome was virtually certain. Securitization as practiced by Wall Street and […]

Tags: CERTIFICATES, common law trust, foreclosures, Master Servicer, Merril Lynch, Moody's, Mortgage Loan Schedule, Pooling and Servicing Agreement, Prospectus, REMIC, Rent-A-Name, securitization, stable managed fund, trust, Underwriter, US BANK
Posted in Uncategorized |

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 |

 Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources […]

Tags: Assignment and ASsumption Agreement, borrowers, credit default swaps, holders of certificates, homeowners, insurance, investors, Pooling and Servicing Agreement, predatory loan, Prospectus, Servicer advances, table funded loans, Truth in Lending Act
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Several people are issuing statements about servicer advances, now that they are known. They fall into the category of payments made to the creditor-investors, which means that the creditor on the original loan, or its successor is getting paid regardless of whether the borrower has paid or not. The Steinberger decision in Arizona and other […]

Tags: broker-dealer, creditor, investment bank, Investor, mortgage loans, pooling and servcing agreement, Prospectus, Servicer advances
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Servicer |

Click to tune TONITE in on The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays LET’S PROCEED STEP BY STEP. – Based upon actual documentation filed with the SEC 1. let’s assume that the mortgage is defective because it was not perfected. The note described a party who was not the creditor […]

Tags: 10-K annual report, assignments, date of assignment, date of transaction, Fannie Mae guarantee, Fannie Mae Master trustee, mortgage bonds, payments on behalf of investors, payments to investors, Pooling and Servicing Agreement, Prospectus, Servicer advances
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

  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 |

Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them […]

Tags: assignment of rents, Dade County, default, investment banker, non stop servicer advances, pooling, Pooling and Servicing Agreement, Prospectus, PSA, Servicer advances, Title and Securitization Report, trust beneficiaries, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Despite the pronouncements by Eric Holder, the chief law enforcement officer of the United States, and the obvious reticence of the Securities and Exchange Commission, the vast majority of securities attorneys believe that the banks were (a) trading on inside information and (b) committing securities fraud when they funded and then traded on mortgages that […]

Tags: Assignment and ASsumption Agreement, common law fraud, insider trading, Master Servicer, mortgage bonds, Occupy wall Street, Pooling and Servicing Agreement, Prospectus, securities fraud, underwriting bank, Wall Street
Posted in Corruption, securities fraud |

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer […]

Tags: Conversion of note to bond, DEED OF TRUST, foreclosure, money trail, Mortgage, originator, paper trail, Pooling and Servicing Agreement, Prospectus, securitization, SPV, UCC
Posted in Corruption, 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: CDO, credit default swaps, credit enhancements, creditor, escrow, Foreclosure judges, general partnership, homeowner, investment banker, JP Morgan Chase, lender, Master Servicer, pool, Pooling and Servicing Agreement, Prospectus, PSA, REMIC, straw-man, Superfund, U.S. Bank
Posted in bubble, Corruption, Eviction, securities fraud |