For further assistance please call 954-495-9867 or 520-405-1688 ———————————— Carol Molloy, Esq., one of our preferred attorneys is now taking on new cases for litigation support only. This means that if you have an attorney in the jurisdiction in which your property is located, then Carol can serve in a support role framing pleadings, motions […]

Tags: American Brokers Conduit, Chrsitiana bank, Donald duck loans, HAMP, HDC, PETE, PSA, Quicken Loans, REMIC TRUST, RESPA, The Money Source, TILA, Transfer without sale, UCC
Posted in Uncategorized |

For further information please call 954-495-9867 or 520 405-1688 ——————————————— § 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT. “Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument […]

Tags: PETE, UCC, UCC 3-301
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: ARTICLE 3, ARTICLE 9, assignments, debt, holder in due course, Note and Mortgage, purchase for value, UCC
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

Patrick Giunta brought this article to my attention. He practices in South Florida and I co-counsel cases with him. Although there are some errors in facts and I have some differences of opinion with the writer, I think the article is a MUST-READ for anyone effected by “securitization” — especially foreclosure defense attorneys. If nothing […]

Tags: mortgages, privity of contract, promissory notes, securitization, splitting the notes and mortgages, UCC
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Parties claiming a right to foreclose allege they are the “Holder” and do not allege they are the holder in due course (HDC) because they are ducking the issue of consideration required by both Article 3 and Article 9 of the UCC. So far their strategy of confusion is working. They are directly or impliedly […]

Tags: article 9 UCC, Assignment of mortgage under Article 9, debts, holder in due course. UCC, holder under Article 3, mortgages, notes, originator of loan, originator of note execution, secured transactions, structured finance, UCC, UCC Article 3, UNIFORM COMMERCIAL CODE
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

JOIN US EVERY THURSDAY AT 6PM Eastern time on The Neil Garfield Show. We will discuss the Stenberger decision and other important developments affecting consumers, borrowers and banks. We had 561 listeners so far who were on the air with us or who downloaded the show. Thank you — that is a good start for […]

Tags: 3 day rescission, ARTICLE 3, article 9 UCC, Forensic TILA Analysis, general claims rescission, negligence, negligence and recklessness, rescission, RESPA, Steinberger v Hon.McVey/OneWest, UCC, Unconscionability: Procedural and Substantive, Wane v. Loan Corp
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The following message and article brings up questions that I have been receiving with increasing frequency as homeowners, their forensic analysts and attorney dig further and further. They are following the money and coming up with the fact that servicers are advancing payments to investors when the borrower stops paying. In fact, they advance those […]

Tags: monthly payments, securitized loans, servicer, UCC
Posted in Corruption, evidence, expert witness, Modification, Pleading, securities fraud, Servicer |

If the banks lose the application of the UCC, which they should, they are dead in the water because they have no way to prove the transactions upon which they rely in collection and foreclosure. Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert […]

Tags: clause 22, Danielle Kelley, et al., et seq., Fl Statutes §673.1041(1)(c), Fla. Stat. §673, GMAC v. Honest Air Conditioning & Heating, Inc., N.A. v. Christopher J. Chesney, Non-negotiability of Mortgage and Note, paragraph 22, Sims v. New Falls Corporation, UCC, Wells Fargo Bank
Posted in Corruption, Eviction, evidence, securities fraud, Servicer |

Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert Declaration. The only reason they are separate is that too many people only wanted or could only afford one or the other — all three should be purchased. The Combo is a road map for […]

Tags: borrower, creditor, DEBTOR, Elizabeth Renuart, Labany Law School, lender, negotiability of notes and mortgages, REMIC, securitization, UCC
Posted in Corruption, Eviction, securities fraud |

Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert Declaration. The only reason they are separate is that too many people only wanted or could only afford one or the other — all three should be purchased. The Combo is a road map for […]

Tags: authority of servicer, california foreclosure, delay tactics, discovery, florida foreclosure, forensic analyst, Glaski Case, legal representation, litigation support, livingliesstore.com, money trail, paper trail, preservation letter, PSA, Reports and Analyses, securitization, UCC
Posted in Corruption, Eviction, evidence, expert witness, securities fraud, Servicer |