Many thanks to Amazon for making it easy. Livinglies now beamed directly onto your Kindle with the latest posts, news, forms, cases and statutes. This is the #1 Site on the Internet for resources and research on the Mortgage Meltdown, Foreclosure Litigation, Forensic Review and Analysis, CLE Seminars for Attorneys, Forms for Pro Se Litigants, News, Cases, Statutes, Comment and Opinion. The simple theme is DON’T LEAVE AND DON’T GIVE UP! YOU HAVE FAR MORE RIGHTS THAN YOU THINK. BEWARE OF HUCKSTERS SELLING BOOKS, “AUDITS” OR OTHER THINGS WHEN THEY ASK FOR MONEY AND PROMISE YOU THE WORLD.
This is hard work, but then it is your house and your life-style you are saving isn’t it? This Blog gives you the ammunition to present a credible threat of success in defeating collection or even enforcement of the note, mortgage or obligation. It gives you the power to set your own terms for settlement or re-structuring the “loan” (if there is one, legally speaking) and even to collect damages for the false statements they made about underwriting, appraisal, and viability of the transaction — and to avoid silly modification schemes that simply put you back into default 6 months later after waiving all the defenses you had. GET SMART!
There is no silver bullet. “Show me the note” and other simple devices are no longer having much effect. You need a coordinated strategy combined with knowledge of the scheme of securitization to understand why your loan might not be in default even if you have missed payments. You need to know about ownership of your “loan product” to challenge the authority of someone who sends you a notice of default, service or notice of foreclosure, or offers you a modification. They probably have no more authority than your neighbor. You probably don’t know who your lender was at closing nor who your lender is now — you just think you do. That’s what the pretender lenders are counting on — an ignorant consumer is their best target.
Read a little of this blog every day for a few moments, think about it, and start digesting it. You will come to realize that you are entitled to far more than you think and far more than the media is telling you. Cases are being decided with increasing frequency saying that the securitization scheme was improper avoidance of recording statutes. what does that mean to you? It probably means that you might owe money (if the feds or insurance haven’t paid off your obligation) but that there is no encumbrance on your property. That means there can’t be a foreclosure. It means that you might owe the money and they can’t take your house. More cases on MERS and other “nominee” show the split of the note from the mortgage making both unenforceable. Why should you get the benefit? Why should they — after being paid multiple times on the same obligations?
Welcome again. For more information on Neil F. Garfield, MBA, JD, author and editor of this Blog and co-author of upcoming book, seeĀ About Livinglies and Neil F Garfield


