At what point does a final decision of SCOTUS actually mean anything? When confronted with TILA rescission, virtually all lower courts, state and federal, have taken up legislating from the bench, essentially over-ruling the Supreme Court of the United States (literally legally impossible). Agree or disagree — everyone has that right. But to obey or […]

Tags: Frazee, intention, jesinoski, SCOTUS, Supreme Court of the United States, tender, TILA rescission, TRUTH, VOID
Posted in Corruption, legal standing |

The thousands of trial court and appellate decisions that have hung their hat on illegal assignments being “voidable” demonstrates either a lack of understanding of common law business trusts or an adherence to a faulty doctrine in which homeowners pay the price for fraudulent bank activities. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message […]

Tags: assignments, common law trusts, IRC, IRS, New York LAw, ratification, REMIC TRUST, VOID, VOIDABLE
Posted in Uncategorized |

I was recently requested to review a 6th Circuit Opinion in which the court stated that the rescission was barred by res judicata — i.e. that the matter had already been litigated and that the homeowner was therefore barred from bringing it up again.  * The Court never considered that it was wrong in the […]

Tags: 15 USC §1635 et seq, 20 days, 6th Circuit, foreclosure defense, foreclosure offense, jesinoski, Moral Hazard, operation of law, rescission, subject matter jurisdiction, VOID
Posted in Uncategorized |

Void means that the instrument meant nothing when it was filed, not that it is unenforceable now. Why Quiet Title Actions Often Fail Homeowners often ask about using a quiet title action to clear fraudulent mortgage claims. But the truth is: quiet title is a very limited remedy. Quiet title can only remove instruments that […]

Tags: creditor, DEBTOR, foreclosure defense, foreclosure offense, fraud, Mortgage, quiet title, reformation, rescission, securitization, VOID, VOIDABLE
Posted in foreclosure defenses, foreclosure mill, Foreclosure Questions, Uncategorized |

That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area […]

Tags: assignment, CALIFORNIA, colalteral estoppel, Eviction, foreclosure defense, foreclosure offense, fraud, posession, res judicata, securitization, VOID, VOIDABLE, wrongful foreclosure, Yvannova
Posted in Uncategorized |

WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583  Our services consist mainly of the following: 30 […]

Tags: disclosure, foreclosure defense, foreclosure offense, fraud, quiet title, securitization, TILA rescission, VOID
Posted in Uncategorized |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE MORTGAGE IS VOID NOT JUST VOIDABLE MISSISSIPPI BKR TRUSTEE TURNS THE TABLES ON BANKS:  STATES NO EVIDENCE REQUIRED TO PROCEED TO DECLARE THE LIEN IS VOID SEE BROTHERS V BAC ET AL Memorandum Brief Partial Summary Judgment FINAL-1 SEE BROTHER V TRUSTMARK-BAC ET […]

Tags: bac home loans, Bank of America, bankruptcy, BKR, borrower, BROTHERS, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, trustmark, VOID, VOID LIEN, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

33-801. Definitions In this chapter, unless the context otherwise requires: 1. “Beneficiary” means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest. [Note that this does not include a nominee like MERS. There is a reason for […]

Tags: agency, ARIZONA, Arizona statutes, beneficiary, credit bid, DEED OF TRUST, judicial sale, MERS, nominee, NON-JUDICIAL SALE, principal, UNDISCLOSED PRINCIPAL, VIOLATION OF STATUTE, VOID, VOIDABLE
Posted in Corruption, Eviction, securities fraud |