Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving […]

Tags: ABN AMRO, acquisition, authority to represent, Bank of America, demand letter, foreclosure, foreclosure defense issues, LaSalle bank, merger, modification, notice of acelleration, Notice of Default, Power of Attorney, reinstatement, rocket docket, sec.gov, servicer, sucessor by merger, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

‘The bottom line is that the notice of substitution of Plaintiff in judicial states, or notice of substitution of Trustee in non-judicial states should be the first line of battle. Neither one of them is valid and in both cases you have a stranger to the transaction being allowed to name itself as creditor, name […]

Tags: ABN AMRO, Bank of America, BOA, Citi, Federal reserve, judicial foreclosure, LaSalle bank, Motion to Strike Notice of substitution of Plaintiff, non-judicial foreclosure, Notice of Substitution of Plaintiff, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Writing with the flu. Despite symptoms and medication that makes me dizzy, I feel compelled to write about something that is getting traction out there. The more you look at the false claims of securitization the more it stinks. We are dealing with a system that is based on really big lies. I’m sure our […]

Tags: law of contracts, mortgage backed securities, mortgage litigation, recording defective mortgages, REMIC TRUST, securities fraud, trustee
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

  “servicer may be considered a party in interest to commence legal action as long as the trustee joins or ratifies its action.” ElstonLeetsdale LLC v CWCapital Asset Management LLC-1 This ought to be interesting. If Deutsch, or U.S. Bank, or Bank of New York, or any of the other “Trustees” join or ratify the […]

Tags: ElstonLeetsdale LLC v CWCapital Asset Management LLC-1, free house, joinder, Judge Shack, ratification, trustee
Posted in Corruption, Eviction, securities fraud |

13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure 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 […]

Tags: 13 questions, accounting, borrower, canceled checks, creditor, curing the default, default, discovery, investment banker, Master Servicer, OCC, OCC guidance letter, REMIC, trustee, wire transfer receipt
Posted in Eviction, securities fraud |

Practice Note: Hearsay is not evidence and should not be used as the basis for any conclusion of facts that would support any conclusion of law. While the banks are extremely vulnerable to having all testimony and documents barred by the hearsay rule, this is ONLY true if the proper objection is made at the […]

Tags: business records exception, certification, competent witness, custodian of records, hearsay, Master Servicer, Motion IN Limine, OBJECTIONS, relevance, servicer, sub servicer, trustee, witness
Posted in 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: assignment, bankruptcy, endorsement, evidence, holder owner, indorsement, mortgage litigation, original note, presumptions, transfer of debt, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

CHECK OUT OUR EXTENDED 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, Tennessee, Georgia, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than […]

Tags: asset pool, bankruptcy, BEAR STEARNS, cancelled check, check 21 receipt, Citibank, Citigroup, CitiTrust, Custodial account, Lehman, originators, Ponzi, proof of loss, proof of payment, REMIC, RMBS, SPV, taxation, trust account, trustee, wire transfer instructions, wire transfer receipt
Posted in bubble, Corruption, Eviction, securities fraud |

“The Justice Department claims that the faulty projections were not simply naïveté, but rather a deliberate effort to produce inflated, fraudulent ratings. “The complaint asserts that S.& P. staff chose not to update computer programs because the changes would have led to harsher ratings, and a potential loss of business,” (e.s.) “I was there. It […]

Tags: AGGREGATOR, Ben Bernanke, financial analysis, Fitch, Hank Paulson, MasterCard, nominees, Ponzi, rating agencies, REMIC, S&P, securities analysis, securitization, SWIFT, trustee, Visa
Posted in bubble, Corruption, Eviction, securities fraud |

“TARP was supposed to cover losses from defaulting loans. But then it was switched to make direct capital infusions into the mega banks. Why the switch? Because everyone realized very early on that the banks had no losses from defaulting loans. It was the investors who made the loans and would take those losses. But […]

Tags: business, control by banks, economy, finance, fraud, Master Servicer, OCC reviews, trustee
Posted in bubble, Corruption, Eviction, securities fraud |