SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: Finding that lawyers and judges are confused about the meaning and use of terms like “real party in interest” and “standing,” it hardly comes as a surprise that pro se litigants and other homeowners are confused as well. These concepts, which have been used and abused for […]

Tags: borrower, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, quiet title, REAL PARTY IN INTEREST, securitization, standing, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

CLE SEMINAR: SECURITIZATION WORKSHOP FOR ATTORNEYS — REGISTER NOW SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM Thanks to the alert from a new friend who will be posting here soon, it has come to my attention that if you ask for the closing documents AFTER the closing, you will often get the escrow instructions and if […]

Tags: borrower, disclosure, escrow instructions, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, predatory lending, real creditor, real lender, real party, rescission, securitization, standing, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION BORROWER APPEARED PRO SE GAME OVER: EVIDENCE REQUIRED, NOT PRESUMPTIONS EVEN IF HOLDER, THEY ARE NOT HOLDER IN DUE COURSE; DEFENSES APPLY SEE 01.28.2011 NJ CT OF APPEALS REVERSE NO STANDING -WELLS-FARGO-BANK-N-A-As-Trustee-Respondent-V-SANDRA-a-FORD-Appellant[1] NOTABLE QUOTES: This appeal presents significant issues regarding the evidence required (E.S.) […]

Tags: ARGENT, Attorney in fact, AUTHENTICATION OF DOCUMENT, CLOSING COSTS, evidence, Fidelity National, FORD, GFE, good faith estimate, HOLDER, HOMEQ SERVICING, JOSH BAXLEY, New Jersey, OWNER OF THE MORTGAGE, OWNER OF THE NOTE, personal knowledge, SOURCE OF KNOWLEDGE, standing, Wells Fargo
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 |

SERVICES YOU NEED “As basis for the legal case, WaMu had submitted an assignment of mortgage, which however the court just found never actually belonged to WaMu, and instead was carried on the books of Fannie Mae.” EDITOR’S NOTE: It’s an old story to us but it’s news to everyone else. Yes it IS fraud, […]

Tags: affidavits, Chase, Duval, Fannie MAe, Florida, FNMA, fraud, fraud on the court, GMAC, HOLDER, JP Morgan, owner of record, real party, servicer, standing, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

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 |

Editor’s Note: While the courts hear arguments and decide this way and that about standing and real party in interest, the elephant in the living room is that we have highly publicized reports of LOSSES associated with more than $5 trillion in loans bought or guaranteed by Fannie and Freddie. That amounts to around 25 […]

Tags: bailout, Debt Collection, Fair Game, Fannie, Freddie Mac, Gretchen Morgenson’s, losses on loans, REAL PARTY IN INTEREST, standing, unsecured debt
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The true answer is that securitization is a process that is still on going and not an event.The Real Party in Interest (and the real amount of principal due, if any) is in a state of flux hidden by obscure, hidden or “confidential documentation.” Don’t make it your problem to unravel it. Use your strength […]

Tags: Arthur M. SchackJ. S. C, Fordham Law Review, George, GMAC MORTGAGE CORPORATION, JPM, lender, loan originator, MERS, NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, non-judicial, originator, Precious L. Williams, REAL PARTY IN INTEREST, SERIES 2004-AR4, servicer, shack, standing, Steven J Baum, trustee, vacate, Vacate foreclosure judgment
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

GMAC has failed to demonstrate that it is the holder of the Note because, while it was in possession of the Note at the evidentiary hearing, it failed to demonstrate that the Note is properly payable to GMAC Once the securities have been sold, the SPV is not actively involved. IN RE WEISBAND In re: […]

Tags: adequate protection payments, adjustable rate promissory note, allonge, ARIZONA, Aurora Loan Services ("Aurora"), case or controversy, endorsement, evidentiary hearing, FISA, Flow Interim Servicing Agreement ("FISA"), GMAC as the sub-servicer, GreenPoint Mortgage Funding, GreenPoint Mortgage Funding Trust ("Trust"), HERS, HOLLOWELL, Inc., Inc. ("GreenPoint", Lehman Brothers Holdings, Lehman Capital, Master Servicer, MERS, Mortgage Electronic registration Systems, Mortgage Loan Sale and Assignment Agreement ("MLSAA"), Motion for Relief from Stay, motion to lift stay, prohibition on third-party standing, REAL PARTY IN INTEREST, Reconstituted Servicing Agreement, Ronald Ryan, SASC, standing, Structured Asset Securities Corporation ("SASC"), third-party standing, trust, Trust Agreement, Tucson, U.S. Bank National Association ("U.S. Bank"), WEISBAND
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. […]

Tags: bankruptcy, BOND, borrowers, CLE, creditors, debtors, DEED OF TRUST ANALYSIS, deeds of trust, DEPOSITIONS UPON WRITTEN QUESTIONS., discovery, DVL, EMERGENCY MOTIONS, evidentiary hearing, EXPERT DECLARATIONS, EXPERT EVIDENCE, FACT EVIDENCE, foreclosure defense and offense, FORENSIC EVIDENCE, FORENSIC REPORTS, FORMS, Garfield Continuum, homeowners, interrogatories, investors, Mortgage, MOTION, MOTION TO COMPEL, MOTION TO DISMISS, motion to lift stay, NEIL GARFIELD, note, Notice of Default, Obligation, QUESTIONS OF FACT, QWR, REAL PARTY IN INTEREST, REMICS, REQUESTS FOR ADMISSIONS, REQUESTS TO PRODUCE, rescission, RESPA, securitization, securitized residential mortgages, splitting note from security instrument, standing, TEMPORARY RESTRAINING ORDERS, TILA, TILA audits, trustee, TRUSTEES, TRUSTS, workshop
Posted in bubble, Corruption, Eviction, securities fraud |