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Are you looking for the best foreclosure defense and mortgage fraud litigation support services?

Do you need to stop a foreclosure sale, reverse a foreclosure sale, sue for mortgage fraud or quiet title?

Is your mortgage company screwing with you?
Promised mortgage modification, only to foreclose?
Increased payments?
Misapplied or lost payments?

Do you want to be mortgage free?
Do you want to sue the bank and make them pay you to go away? If so, you found the right place.

For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

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Stop Foreclosure & Mortgage Fraud

Our Senior Auditors, Investigators, and foreclosure defense attorneys use proprietary software developed and licensed to search through S.E.C. and other Public Record Filings to find Trust Vehicles used in the Securitization process, including but not limited to Bloomberg Terminals, Edgars Pro, Doc Edge, and others developed exclusively for use by FRAUD STOPPERS team members.

  • Trial Ready Evidence to Win Your Case
  • Foreclosure Defense & Mortgage Fraud Litigation 
  • Attorney Network & Paralegal Services

Join FRAUD STOPPERS right now and get a federal mortgage fraud audit & chain of title analysis for only $295.

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What Sets Us Apart

We are the only organization, to our knowledge, that can provide you (and your attorney) with loan level data and mortgage securitization information for all Government-Sponsored Enterprise Mortgages, including Fannie Mae, Freddie Mac, Ginnie Mae, Farmer Mac, Sallie Mae, and PennyMac. Plus all private & off shore Trusts information including World Savings Loans and Washington Mutual (WAMU) mortgages.

Moreover, our company can support you from A to Z with foreclosure or mortgage fraud litigation because we offer everything you need, including: Trial Ready Evidence, Expert Witness Testimony, Court Ready Legal Documents & Pleadings (from Complaint to Judgement, including Appeals), Formal Pro Se Legal Education & Training, Pro Se Paralegal Support, Nationwide Network of Foreclosure Defense Attorneys, Mortgage Fraud Attorneys, Bankruptcy Attorneys, Mortgage Refinance, No Money Down Loan Modifications and Short Sale Negotiations, Short Sale Buyback Funding, Fix & Flip Funding, Personal Loans, Business Lines of Credit, Equipment Financing, Litigation Financing, Credit Repair, Credit Building, Referral Affiliate and Work From Home Income Opportunities and more.

We have made the complicated expensive legal landscape easy and affordable to navigate.

Over the past decade we have solved most of the major common problems that exist in the foreclosure defense & mortgage fraud litigation industry. From stopping a foreclosure sale, getting a loan modification, or suing your mortgage company for mortgage fraud and quiet title, we have a proven way to help you save time, save money, and increase your odds of success getting the legal remedy that you deserve, guaranteed!

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Save money in legal fees with custom court ready legal documents at wholesale prices

Trial Ready Evidence

Get the facts & evidence you need to win your case with audits, affidavits, and testimony

Attorneys & Paralegals

Nationwide attorneys and paralegals for mortgage fraud & foreclosure defense litigation

Legal Education

Increase your odds of success with legal education curriculum and training videos

Credit Repair

Remove negative items from your credit report and improve your credit score with seasoned trade lines 

Bankruptcy

Professional Pro Se Bankruptcy Document Preparation & Bankruptcy Attorney Services 

Short Sales

Short Sale Negotiations & Nationwide Short Sale Buy Back Funding Options

Loan Modifications

No Money Down Loan Modification & Free DIY Loan Modification Programs

Consumer Financing

Personal Loans, Business Loans, Short Sale Buyback Funding, Fix & Flip Funding, Mortgage Refinance & Private Equity Refinance 

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From Our Founder

Its Not Over Until You Win.

David and Mary Ellen Wolf received a foreclosure notice in 2011 from Wells Fargo. There was one problem: They’d never done business with Wells Fargo or their assigned mortgage servicer, Carrington Mortgage Services. After talking the situation through with a lawyer, W. Craft Hughes, who happened to be their neighbor, they determined that neither Wells Fargo nor Carrington had the legal right to foreclose on them. And the Wolfs took Wells Fargo and Carrington to court and won $5.4 million

FRAUD STOPPERS Free EBook Foreclosure Traps Pitfalls and Swindles

FRAUD STOPPERS PRIVATE MEMBERS ASSOCIATION PRODUCTS & SERVICES

FRAUD STOPPERS foreclosure help and mortgage fraud products and services are intended to help you save time and money, and increase your odds of success, getting the legal remedy that you deserve with legal education, nationwide attorneys, custom court ready legal documents, trial ready evidence products, expert witness affidavits and testimony, credit repair, bankruptcy, short sales, loan modifications, keys for cash & settlement negotiations, and more.

FRAUD STOPPERS EXPERT HANDWRITING ANALYSIS & AFFIDAVIT
FRAUD STOPPERS Skip Tracing Reports
FRAUD STOPPERS Forensic Accounting Audits
FRAUD STOPPERS Appraisal Fraud Audits
FRAUD STOPPERS Loan Modifications
FRAUD STOPPERS Mass Joinder Lawsuits
FRAUD STOPPERS Foreclosure Help
AMERICAN JUSTICE LEAGUE
"Well guys here we are 14 months later and I just left the court where Wells Fargo foreclosure case was dismissed with Prejudice. That’s right with Prejudice! Can you believe it. Now all we have to do is sue for quiet title and I’m home free." Victor Seabrooks

“I am very happy with the work your company has done and your genuine concern. Next month I am going to sign on with Legal Shield as you also suggested.” Julie Meadows

“FRAUD STOPPERS helped me in many ways. I contacted them because I was struggling with a foreclosure action started by Bank of America. FRAUD STOPPERS began its help by providing a free audit of the mortgage history of my property and introduced me to the concept of tangible and intangible note and security documents.” Dutch Maynard

James Jones

Btw, the Substitute Trustee sale NEVER took place yesterday, County Recorder asked how I managed to pull that off, I said Fraud Stoppers! Lol  James Jones

Melanie Strapp

I want to thank you for your help, i won my case  and the bank want to settle out of court.

Melanie Strapp

DAVID CHARLES

 

I would like to say that I love your website,and I think you guys are spot on when it comes to the issue with loans originating from the area 2005,2006,2007 and so on.

Dutch Maynard

 

FRAUD STOPPERS helped me in many ways. I contacted them because I was struggling with a foreclosure action started by Bank of America which devolved to LSF9 Master Participation Trust serviced by Caliber Home Loans (actually owned by LSF9, covertly). FRAUD STOPPERS began its help by providing a free audit of the mortgage history of my property and introduced me to the concept of tangible and intangible note and security documents.

Margo Biuso

 

Through your agency I was referred to law firm that is working on research of my original mortgage file. This I was told is about a year, and I am about 3 months into it.

Terrence Clarke

 

Yes we need more fraud stopper in all area of this Society. To tell it as it is about the one percent and the ninety nine percents.

Daniel Lee

 

Thanks too the one and only Fraud Stoppers I found that I was a tenant and not the owner and I was kicked out of my property as a tenant in common and not the owner. Over come the deception  and a bifurcated separation of tittle and deed.

Lani Bernard

 

Yea thank you Mr. Frank.. you are gods mercy for us.. smile

Patrick Griffin

 

Fraud Stoppers Team took me out of the confusion and darkness and put me on a road of structure and knowledge . Each day there was a goal set and achieved , I had been fighting a battle they were initiating a process , that made all the difference. On each step of their process I found their paperwork to be top notch , there support people always there with the right answers. If you like I find yourself fearful wandering in darkness and confusion bombarded with information and misinformation ;make a call to the Team at Fraud Stoppers . I did and have no regrets.

Fred Schneider

 

Thanks again for ALL you do to help people like me and all the others you make claim you have helped.  You and Neil are doing a great job and there seems to be a LOT of movement out there and across our nation to finally get people to understand this huge racketeering scam that has gone on far too long.

Patty Cueto

 

I do realize that I got a great deal on the docs. I just want to thank you again for all you have done for me, also I'm very grateful for finding you on YouTube. Keep up the great work !!! We definitely need more people like you in this world,

Tim VanderLinda

 

You folks are just great people who give solid information I have not been able to obtain until today. Just a big thanks and little hope that your who I think you are, considering how long I have faced the incessant frauds and crimes that have essentially stripped everything in my life without any honest advocate. Thank you again for any type of help you provide.

Julie Meadows

 

I am very happy with the work your company has done and your genuine concern. Next month I am going to sign on with Legal Shield as you also suggested.

Robert Willis

 

This is Willis from SC. I thank the whole staff of the Fraud Stoppers in doing a great job in the litigation dept. Especially Amy! She is one heck of a woman. Joe you are very lucky to have her on your team! Peace and blessings to you all.

Liz Combs

 

Thank you so very much, Frank and Damion, for being on top of this and so quick in your response. I will be reviewing it later on this evening, or perhaps tomorrow morning! I appreciate the notes back to me!

William Montes-Pack

 

I am satisfied with the answers and corrections.  The answers definitely helped me understand the relationship between government guaranteed loans, recordings & securities.

Judith T Gilchriest

 

Thanks guys it's so good. So unbelievable all the stuff in my loan still gotton finish paper work n send other letters gonna send the rest all at once and wait 21 days I think they already responded with paperwork different than there compliant can't wait to right a review just a lot to learn but so expertly laid out and trust you guys go far and beyond the act of duty and have all the expertise and stand behind your company's word

Marcella Hernandez

 

Among many attributes, Fraud Stoppers' program has a great deal of information and resources available.  It's really good to have information that someone I trust has looked at and approves of before spending time reading it.

Fraud Stoppers sends me helpful emails like this one. Great advice.

Cynthia Cameron

 

You guys are doing a great job!

Wendy Stein

 

Beautiful product launch!!!! Looking forward to working with ya'll again, soon!

Robbie Lee

 

I got them done finally yesterday and bank didn't put home on the market they stopped the sale hmm wonder why ? I got a good reason want to hear bet you already know don't you ? Cause they do not hold the NOTE! I am happy made me believe more thank you not for making me worry jk but for sicken in with me I can be a handful and I am Sorry I worry all the time but I wanted to tell Sir TY

Phil Hewett

Thanks for the effort…hope I can put it to good use.

Charles Rapoli

Just wanted to pass on to you a big thank you for the analysis. It was great talking to someone that brings a ray of hope through all the deceptive evil that surrounds us. I reviewed the documents and I am very impressed with the information. I have learned even more.I look forward to more and thanks. Keep up the good work.

Roberto Vigil

Hello Frank, the Audit Report by Bert was amazing, I was able to enter it into evidence at trial on July 15, I am working on the findings of facts due end of this week and then we wait for the order buy October. Meanwhile can you recommend an Attorney to look at it and give me a legal opinion and plan going forward, I am really pleased with your services, Thank you so much, .come back

Earl Combs

Thank you very much, Damion and Frank! Your work is much appreciated! Thank you, also, for a speedy response!

Julie Brown

Thanks for all your help.  I appreciate it.

Mrs. Reyes

I hope all is well with you.  I just wanted to wish you a Happy Holiday and thank you for all your hard work.  I look forward to working with you in the new year.

Wendy Green

Thank you so very much for your concern and the information you are willing to share. I will follow-up as discussed.

Prince:~:Ma'at.

I certainly appreciate you and the work being done to help others.Thanks again.

Pamela Owen

I forgot to mention that I'm still in my home! AND I'm having fun!

Mike Nicholson

I think Fraud Stoppers is awesome. What you guys do is to help others save their homes from foreclosure.

John C

FRAUD STOPPERS helped me stop my foreclosure and get a huge principal reduction on my mortgage.

Elizabeth Smith

I just wanted to say thank you to FRAUD STOPPERS for helping me get a $35,000 keys for cash settlement.  So YES, I would absolutely refer FRAUD STOPPERS to anyone looking for help with a foreclosure issue, because they didn’t make any false promises to me, and they did exactly what they said they would do.

Stephanie Johnson

Thanks FRAUD STOPPERS for helping me sue for mortgage fraud at the last minute. I stopped my foreclosure and I am currently negotiating with my lender for a principal reduction. And it looks like they’re gonna forgive all of my late payments, over $28,000!

Terrance Matthews

I filed FRAUD STOPPERS quiet title lawsuit and Wells Fargo stopped the foreclosure sale faster than Trump fired the FBI director. I’m telling you guys I anit never seen anything like this before. FRAUD STOPPERS I owe you guys big time. Thank you.

Matt Pacht

I wanted to say thank you to FRAUD STOPPERS for helping me save my house from foreclosure and get a super awesome loan modification. In fact Ocwen agreed to forgave almost all of my late payments. So thanks FRAUD STOPPERS. You guys are great!

Cindy W

I live just outside Austin Texas. I just wanted to take a second and say thank you to FRAUD STOPPERS. I filed FRAUD STOPPERS wrongful foreclosure lawsuit after Bank of New York Mellon sold my house, and 9 months later I’m still here. Thanks FRAUD STOPPERS

Monica and Kevin

Listen if you need help with your mortgage we recommend FRAUD STOPPERS because we got the help we needed for free!

Steve Labady

My neighbor referred me to FRAUD STOPPERS, and within a few minutes on the phone I knew I found the right place to help me with my foreclosure. They connected me to a local law firm that filed a federal lawsuit against Bank of American for me, on contingency.

That lawsuit is still ongoing, but I can tell you that the help I got was worth way more than the $100 membership fee I paid. So if you’re looking for a trustworthy company to help you save your home from foreclosure, I highly recommend FRAUD STOPPERS.

Roger Hader

I called FRAUD STOPPERS to help me save my house from foreclosure. But unfortunately I called them too late. Hey but at least they scam me out of money like the mortgage fraud examination company I paid $2500 to.

Thanks FRAUD STOPPERS for telling me the truth. At least you guys tried, and that’s all I could ask for. If I find anybody I’ll send them your way.

Robert Claflin

I’m here to tell you that FRAUD STOPPERS helped me save my house from foreclosure without having to spend an arm and a leg for an attorney. They provided me with a court ready lawsuit, all of the evidence I needed, and full litigation support. I was able to sue my lender for mortgage fraud and negotiate a settlement offer that was better than I had ever hoped for.

In fact the entire process was a lot easier than I expected too. They even took care of the entire mediation process for me.So bottom line, if you need help with a mortgage or foreclosure issue call FRAUD STOPPERS right now because I’m sure you’ll be as happy and satisfied as I am. Thanks FRAUD STOPPERS for helping me save my home.

Tiffany Rogers

I just wanted to let you know that I used FRAUD STOPPERS to stop my foreclosure. Thanks FRAUD STOPPERS. You guys ROCK!

Angela and Tony

We want to let you know that we used FRAUD STOPPERS to save home from foreclosure. If you’re fighting a foreclosure we recommend FRAUD STOPPERS because they’re honest, and they know how to stop a foreclosure and bring the bank to the negotiating table.

Victor Seabrooks

Well guys here we are 14 months later and I just left the court where Wells Fargo foreclosure case was dismissed with Prejudice. That’s right with Prejudice! Can you believe it. Now all we have to do is sue for quiet title and I’m home free.

Roberto Vigil

I got nervous there for a while not knowing if you guys were real, now I am certain you are, I just want to say I am greatful for your specialty and the work you have provided to me. I am grateful to you and to John, I now feel relieved as I was trying to find for a long time. Wish I had connected with you sooner. But I look forward to using your products and working with you guys going forward. Thanks again.

Liz Marks

I applied for a loan modification 8 different times and each time I was denied. I paid several companies and lawyers and none of them had any luck getting my loan mod approved.

This last time there was a foreclosure sales date set one of my patients referred me to FRAUD STOPPERS. To be honest I had already lost hope and was going to just give up, but Mary told me I got nothing to lose to call them. Thank you FRAUD STOPPERS you guys did the impossible. I owe you one.

Susan Holtz

FRAUD STOPPERS helped me in my foreclosure fight with SPS. They gave me the legal documents to stop the foreclosure sale, and they negotiated a principal reduction of my loan of more than $50,000. I would recommend FRAUD STOPPERS to anyone. Cheers!

Edgar T

Thank you for all the help. I just got everything in order ready to file last night. I'm going to go over everything one more time today thoroughly to make sure I did everything 100% correctly so I can file this evening.  I will also call Nathan today to get more information on using him. I'm very excited to get this filed. I will definitely keep you updated on my progress. Thank you.

Dorine Javier

Forgive me this a very trying time for me an my family. Im unclear on the eviction timeline, but Thank You an the Team . Im forever humble an GRATEFUL. I look forward to making referrals. Im so excited about being able to help, my family an a few FRIENDS. Once again Thank You and God Bless you an the TEAM. Sincerely Dorine Javier

Andrea Genrette

I am very grateful for FRAUD STOPPERS.

Mike Pop, Phoenix AZ

Well, is over now. I lost the house I filled 2 times with the COURT HOUSE.

First time I filled for restraining order and I was denied without getting to see the judge.

The second time I never got an answer. I must done something wrong by filling. Too bad I could not find an attorney in Phoenix to help me.

Anyway, as far FRAUD STOPPERS PMA’ services, 2 tombs up. Regardless, I will strongly recommend your services to any one I will find in need.

Frank, and all your team, THANK YOU.

Respectfully, Mike POP.

“To err is human, and I’m a human too”. Life moves on, and so will I.

CHARLES & BARBARA HAISLIP

Thank you, we contacted Usbank Headquarters and they stopped the Auction of our Home and property yesterday and are doing an Investigation on the whole matter. We also contacted the FBI ,FEDERAL TRADE COMMISSION, & Legal Aid finally got back in touch with us & they said they we're probably going to take our case. Thank y'all again & GOD BE 4 Y'ALL ALWAYS...CHARLES &
BARBARA HAISLIP Shirley, AR

P.S. WE FIRED LEGAL SHIELD

Janet West

Good Afternoon, It is raining, flooding, and awful here in South Carolina. How is the weather there? The purpose for this email is; I have exhausted all credit in order to eat, have lights, food, water, gasoline, insurance, filing papers with SC Courts, and of course to my creditors.

Is there an attorney that you can contact on/for my family's behalf, and seek representation for civil litigation, of SC Rules 22, 23, 37 and 14 most importantly Fraudulent, Criminal activities by others regarding our home, monetary loses, credit reports, etc?

There is no attorney in my state that will represent us, even though, I have spent five years in litigation. Need someone out of state that can practice law in my state.

We can negotiate attorney's cost, and there is no doubt we will lose our case. As possibility contingency? Notice rules related to banks, lawyers, judicial procedure and emails as legal communications of The SC General Assembly's, I believe the 122nd and 123rd. Or send me an invoice and I can see if one of my creditors will assist with addition credit.

Again, without your support, I would have given up a long time ago. and I truly thank you for your humanity. Problem is out of hand and I have an advocate, as or you. We are on a mission, and again, "I feel so humbled and blessed to have you as a friend in my life!"

Janet West, Aiken SC

Julia Elva

Thank you, for helping me end his ongoing nightmare with Ocwen Loan Servicing . In all humility, knowing that God has his people in various place to help tear down obstacles and set others free; to stand up and bring in justice to the weak and those trodden downs without hope. Thanks for standing up for those like me. God is not a man to use and abuse; for he will repay, promote and enlarge your camps. Thank you

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65 SIGNS THAT YOUR MORTGAGE LOAN & FORECLOSURE DOCUMENTS COULD BE FRAUDULENT

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Here are a few signs of mortgage fraud to look for when considering foreclosure defense factics:

1.     The Mortgage or Deed of Trust is assigned from the Originator directly to the Trustee for the Securitized Trust.

2.     The Mortgage or Deed of Trust is assigned months and sometimes years after the date of the origination of the underlying mortgage note.

3.     The Mortgage or Deed of Trust is assigned from the initial aggregator directly to the Securitized Trust with no assignments to the Depositor or the Sponsor for the Trust.

4.     The Mortgage or Deed of Trust is executed, dated or assigned in a manner inconsistent with the mandatory governing rules of Section 2.01 of the Pooling and Servicing Agreement.

5.     The assignment of the Mortgage or Deed of Trust is executed by a legal entity that was no longer in existence on the date the document was executed.

6.     The assignment of the mortgage or Deed of Trust is executed by an entity whose name is different than the entity named in the original document (i.e., National City Bank Corporation in lieu of ABC Corporation as a division of National City Bank).

7.     The assignment was executed by a party pursuant to a Power of Attorney but no Power of Attorney is attached to the instrument or filed with the instrument or otherwise recorded with local land registry.

8.     The mortgage note is allegedly transferred in a single document along with the Mortgage or Deed of Trust (i.e., “Assignment of the Note and Mortgage”).  You cannot “assign” a mortgage note.  You can only “negotiate” a mortgage note under Article 3 of the UCC.

9.     The assignment is executed by a party who claims to be an “attorney in fact” for the assignor.

10.    The assignment is notarized by a notary in Dakota County, Minnesota.

11.    The assignment is notarized by a notary in Hennepin County, Minnesota.

12.    The assignment is notarized by a notary in Duval County, Florida.

13.    The assignment is executed by an officer or secretary of MERS.

14.    The assignment is notarized by a secretary or paralegal employed by the attorney for the mortgage servicer.

15.    The assignment is executed or notarized by an employee of MR Default Services, Promiss Solutions LLC, National Default Exchange, LP, LOGS Financial Services, or some similar third-party.

16.    The endorsement on the note is actually on an allonge affixed to the note.  In most states, an allonge cannot be used if there is a sufficient amount of room at the “foot” or the “bottom” of the original note for the endorsement.

17.    The allonge is not “permanently” affixed to the original note.  The term permanent excludes the use of staples and tape and as a result you must use a sold fastener such as glue.  Allonges are commonly referred to “in the business” as “tear-off fraud papers.”

18.    The note proffered in evidence is not the original but a copy of the “certified copy” provided to the debtors at the closing.

19.    The note is endorsed in blank with no transfer and delivery receipts.  It is fine to endorse a note in blank, in which case it becomes “bearer” paper under the UCC.  However, in order to prove a true sale from the Sponsor to the Depositor you must have written delivery and transfer receipts and proof of pay outs and pay in transactions.

20.    The note proffered in evidence is not endorsed at the foot of the note or on an affixed allonge.

21.    The assignment of the mortgage or deed of trust post-dates the filing of the court pleading.

22.    The assignment of the mortgage or deed of trust is executed after the filing of the court pleadings but claims to be “legally effective” before the filing.  For example, the deed of trust is assigned on June 1, 2009, with an effective date of May 1, 2007.

23.    The parties who executed the assignment and who notarized the signature are in fact the same parties.

24.    The signor states that he or she is an “agent” for the executing entity.

25.    The signor states that he or she is an “attorney in fact” for the executing entity.

26.    The signor states that he or she is an employee of the executing entity but claims to have custody and control of the records of the entity.

27.    The signor of the document makes statements about the status of the mortgage debt based on his or her review of the “records of the plaintiff” or the “records of the moving party.”

28.    The proponent of the original note files an Affidavit of Lost Note.

29.    The signor claims that the allegations in the court pleading are correct but the assignment of the mortgage and/or delivery and transfer of the note occurs after the law suit or the motion for relief from stay was filed.

30.    One or more of the operative documents in the case is signed by one of the attorneys for the mortgage servicer.

31.    The default payment history filed in the case is prepared by the attorney for the mortgage servicer or a member of his or her staff.

32.    The affidavit filed in support of legal fees is not signed by an attorney with the firm involved in the case.

33.    The name of one or more of the signors is stamped on the document.

34.    The document is a form with standard “fill-in-the-blanks” for names and amounts.

35.    The signature of one or more parties on the document is not legible and looks like something a three year old might have done.

36.    The document is dated and signed years before the document is actually filed with the register of real estate documents or deeds or mortgages.

37.    The proffered document has the word C O P Y stamped on or embedded in the document.

38.    The document is executed by a notary in Denton County, Texas.

39.    The document is executed by a notary in Collin County, Texas.

40.    The document includes a legend “Hold for” a named law firm after recording.

41.    The document was drafted by a law firm representing the mortgage servicer in the pending case.

42.    The document includes any type of bar code that was not added by the local register or filing clerk for such instruments.

43.    The document includes a reference to an “instrument number.”

44.    The document includes a reference to a “form number.”

45.    The document does not include any reference to a Master Document Custodian.

46.    The document is not authenticated by any officer or authorized agent of a Master Document Custodian.

47.    The paragraph numbers on the document are not consistent (the last paragraph on page one is 7 and the first paragraph on page two starts with number 9).

48.    The endorsement of the note is not at the “foot” or “bottom” of the last page of the note.  For example, a few states allow an endorsement on the back of the last page of the note but the majority requires it at the foot of the note.

49.    The document purports to assign the mortgage or the deed of trust to the Trustee for the Securitized Trust before the Trust was registered with the Securities and Exchange Commission.  This type of registration is normally referred to as a “shelf registration.”

50.    The document purports to transfer the note to the Trustee for the Securitized Trust before the date the Trust provides for the origination date of instruments in the Trust.  The Prospectus, the Prospectus Supplement and the Pooling and Servicing Agreement will clearly state that the pool of notes includes those originated between date X and date Y.

51.    The document purports to transfer the note to the Trustee for the Securitized Trust after the cut-off date for the creating of such instruments for the Trust.

52.    The origination date on the mortgage note is not within the origination and cut-off dates provided for the by terms of the Pooling and Servicing Agreement.

53.    The “Affidavit of a Lost Note” is not filed by the Master Document Custodian for the Trust but by the Servicer or some other third-party.

54.    The document is signed by a “bank officer” without any designation of the office held by the said officer.

55.    The affidavit includes the following language on the bottom of each page:  “This is an attempt to collect a debt.  Any information obtained will be used for that purpose.”

56.    The document is signed by a person who identifies himself or herself as a “media supervisor” for the proponent.

57.    The document is signed by a person who identifies himself or herself as a “media coordinator” for the proponent.

58.    The document is signed by a person who identifies himself or herself as a “legal coordinator” for the movant.

59.    The date of the signature on the document and the date the signature was notarized are not the same.

60.    The parties who signed the assignment and who notarized the signature are located in different states or counties.

61.    The transferor and the transferee have the same physical address including the same street and post office box numbers.

62.    The assignor and the assignee have the same physical address including the same street and post office box numbers.

63.    The signor of the document states that he or she is acting “solely as nominee” for some other party.

64.    The document refers to a power of attorney but no power of attorney is attached.

65.    The document bears the following legend:  “This is not a certified copy.”

Why You Should Never Make an Admission to a Contract of Indebtedness

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We understand the operating documents of the Pooling and Servicing Agreement and if the security evidence by the mortgage security instrument, conveyed with the tangible note negotiation, before the cut off data of the REMIC.

We are absolutely familiar with how you would sit down and break down a true sale from party A from party B to convey the security and to maintain the fiduciary duty under the Common Law Deed of Trust to release and reconvey, release and reconvey, to maintain clear and marketable title.

So, we know the foundation under the UCC for that.

Then, we also understand the underlying arguments that the banks and their attorneys use against people making securitization foreclosure defence arguments, which may have done a proper statement of fact as to what’s required to accomplish a true sale between all these parties and maintain perfection over the lien.

However the banks and their attorneys are going to succeed by not having a Chain of Title, by stating that they negotiated the note in Bearer Form under Article UCC 3205 Sub section B with no payee named as a bearer instrument.

This essentially gives them a purported temporary perfection of the original holder, while they physically transfer the instrument, by daisy chain, which doesn’t require for them to maintain a Chain of Title, until the instrument is specially endorsed.

This is how the banks and their attorneys beat almost everybody from New York to California on standing, and whether or not they had a secured interest over the lien; because nobody has a the way to argue against whether or not they made the instrument of bearer paper and physically negotiated it, because they weren’t required to maintain a Chain of Title in that aspect.

So that’s how the banks and their attorneys are able to win nine times out of ten. Because what they’re saying is that in the negotiation under 3205 B, the security followed the note, whenever the custodian of record received the instrument prior to the cut-off date, making the note and the security securing trust property before the cut-off date.

That’s how the banks and their attorneys are able to beat you.

So let’s reverse engineer this, let’s take that note all the way back to the closing, and reverse the whole concept and transaction.

What you have to be able to show is that you have one purported transaction, concealing the realistic transaction.

Did the lien’s beneficial interest maintain perfection, and was it therefore eligible to be negotiated with the note in that capacity, as statutorily required?

However what that would require that you were the actual creditor and that you actually made that note as a maker issuer, for the purposes of being the beneficiary of the debt that was created.

This is what the banks and their attorneys want you to believe in the matter of equity:

  1. That your signature was as a maker issuer and therefore created value to the instrument
  2. You negotiated with the party that you sat down at closing with
  3. They accepted the instrument by negotiation
  4. They were a federal reserved depository institution that could accept article three instruments by deposit
  5. They gave you consideration in the form of cash, not Ultra Vires, for your promise to pay instrument executing an underlying indebtedness contract

Well in an IRC 1031 Like Kind Exchange, Table Funded Securitized Mortgage Loan Transaction that didn’t happen. That did not happen; that negotiation, acceptance and consideration is not what a table funded securitization transaction is!

So the money is not created from your signature, negotiated and then the note negotiated between state to state physically, that doesn’t happen in a table funded transaction.  Rather it’s in direct reverse engineer – the money was created from the sale of the certificates and the special deposit, special purpose vehicle on Wall Street.

They take the certificate holders funds to the securities to special deposit the pool of assets.  That pool of assets is used in the SPV alternative investment opportunity through the warehouse line of credit, and that’s what the sponsor bank is using as the table funding credit in the transaction itself.

So yes, we would have some arguments like robo-signing and the improper negotiation, transfer, and delivery of the mortgage loan contract all the way through the securitization scheme, as part of the material defects found in the transactional scheme itself – but what we don’t want to do is provide any language as an admission to you being the account debtor.

You also want to make sure you understand what is meant by using terms like the “alleged debt”, because you’re going to piss the Judge off, really badly; a lot of people do it. Because, they don’t know how to speak to the transaction as it relates to what that means.

So let me give you the perspective that the Judge is going to have. The Judge is only looking at the intent of the contract. So all the little details, the semantics of this right now, the first thing the Judge is going to do, is look at it from a cursory equity standpoint.

Q:  Did you intend to get a home

A:  Yes

Q:  Are you in a home?

A: Yes

Q:  Okay, so you’re in the collateral.

A:  Yes

Q:  Okay and did you intend whenever you went to go get the home to get an obligation or a loan associated to that.

A:  Yes

Okay, yes that’s obvious or else you wouldn’t be in the collateral

Q:  Okay so you’re in the collateral – an obligation exists – and you also pledged a lien to encumber your property to secure that obligation, so that if you couldn’t perform on the contractual payment obligation the holder of the obligation would have the lien to enforce, do a foreclosure sale to enforce an ultimate means of collection.

A: Yes.

Okay.  So just looking at the intent of the contract, you are in the collateral, you know that you signed something at the closing- there’s an obligation – and it’s in default.

The institutions claiming to be the holder of that obligation and to be the secured party of record via an assignment of the security instrument perfected in public record.

Are there any other parties that are involved in this transaction?

No!

And if some other financial institution was holding an obligation and saw that deed of trust or signed with a deed of trust recorded on public record, they would immediately file to acquire the title and they would be there defending their right to the obligation and the collateral itself.

So because there’s no other financial institution showing up claiming to be the holder and to having a subsequent assignment of deed of trust or mortgage recorded for enforcing through a foreclosure action – than nine times out of ten – the Judge is going to give the party holding the obligation the benefit of the doubt as a matter of the intent of the contract.

So, in terms of the intent of the contract, this is where it becomes so viable for you to understand, what your capacity into the transaction is.

When the judge ask you: “Did you sign the note – in the effort to get the collateral?”

Your answer is “Yes.”  – But you need to be able to specify the answer to yes as “well yes your honour but I’m not the account debtor.  I signed into this transaction as an accommodation party or guarantor. The party that I signed as a guarantor for, made available the obligation through a securitization transaction without my knowledge and purportedly negotiated the security evidence by the deed of trust/mortgage lien that I pledged to them, uniquely, to secure these receivables in this transaction as well. 

What I need to know your honour is does my lien secure the tangible contractual obligation or does it secure the receivables?”

The answer to the receivables is no. You cannot attach article 9 to the UCC receivables (securities) to enforce a lien on real property. A lien on real property under revised article nine is not secured by a lien on real property, so article nine does not fit the common law argument that the transfer of an obligation carries the beneficial interest of the lien and the lien itself.

Here is the lie that the banks almost always defeat homeowners with.

“Here’s a copy of the note your honour, the security follows the obligation we all know that.”

Yes, that’s accurate, under common law and U.S. Supreme Court. Carpenter v. Longan (1872) the note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.

Furthermore under revised article 9 of the Uniform Commercial Code (UCC) the banks do not necessarily have to record each transfer of the mortgage loan contract in public records; all they have to do is, in essence, be in possession of the note and they can claim rights to enforce it.

Therefore you need to be able to be able to explain (and prove) how your capacity is to the obligation. “Your honour I am not the account debtor.  I was a guarantor to this party.  I am not a guarantor to everybody else that claims to be the holder of the obligation”

And it’s their capacity of an accommodated party to the certificate holders on Wall Street.  They’re not the real creditors.  Their job is to put the certificate holders into funds associated to your payment string.

All of this is predicated on laying the proper order of operations, in line with statutory capacities, that clearly part and parcel and separate the root question of: Does revised article nine and liens on real property secured defaulted receivables in a securitization transaction?

That’s your root question.

You just have to be able to have it all put in the proper sequence in statutory capacities, as it relates to your state, and what took place in order to defend the lien itself the property.

How have you been harmed?

In pre-foreclosure it’s not so much that you’ve actually been harmed, it’s whether or not they have clean hands in the transaction.  So this, at its root is an Equitable Estoppel issue. In the like kind exchange transactional scheme there is a senior secured party and a junior secured party – the originator of the loan (named on the note as the lender) is the senior secured party, and the trustee for the REMIC trust is the junior secured party.

But it’s one transactional scheme, its one organism, so you have to be able to show that they – in the race of diligence – that the junior secured party made sure that the originator recorded that underlying security of trust, so they could perform the rest of the transaction.  But ten years later upon default of the receivables, to cause an assignment of the beneficial interest of evidence about your underlying security instrument, that security instrument doesn’t maintain perfection from now, until infinity. You can lose perfection over that lien. 

So, having the proper capacity, order of operations, and then statement of facts of how they lost perfection, and to show that it is inequitable for the holder of the receivables to attempt to cause an assignment of the underlying security instrument, because they were only negotiated the receivables, with unclean hands. That’s what you have to show that they don’t have an equitable claim to.

Hypothecation is a third party pledging collateral on your behalf. So, let’s say for instance, if you pledged the real property to the originator party on the ten thirty one exchange transaction scheme you specifically gave legal title to that party. Not to the trustee under that instrument, and the beneficiary of the security instrument. The beneficiary of the security instrument then in turn pledged a separate and subsequent value – which is the proceeds of the real property.

Let me give you an example.  Consider a wheat field. The land is the real property, but the Wheat and the Harvest are the proceeds of the real property.

In this securitization transaction the original secured party is granting the proceeds, the actual required collateral to the real property and hypothecating that proceed as the payment intangible, which is the transferable record on the obligation.

So, you have to be able to show that it’s under revised article nine; it does not apply to liens on real property.  It may apply to title loans, student loans, and unsecured obligations, but it does not apply to liens on real property.

Remember, it’s either you sold the contract in its entirety to a successor and interest through a true sale; or you sold the underlying tangible value of the contract.

Remember when people paid off their loans and they received their notes and their deed back, and they would have deed burning parties?

That doesn’t happen anymore because that transactional scheme where that was your note, that you made and negotiated with a bank that could accept it, deposit it, and give you real money for a loan so you could purchase the property.  That’s the savings and loan model.

In that transaction the bank you contracted with actually risked giving you real money, and was going to hold that thirty year instrument until its full rate of return.  Its portfolio division wanted to buy that obligation and they underwrote you as your credit worthiness and they gave you the loan.  You had skin in the game, you qualified financially and they were willing to take a risk on you.  That was a real contract between you and the bank.

But what happened with the securitization bubble is they lifted the Glass–Steagall Act and the Gramm Bliley Leach Act and they made way for this transactional scheme were they could divert the risk of creating the money, which was done by lying and cheating the certificate holders through a perspective supplement which was pre-fabricated on the yield spread of those securities, under the nineteen thirty three, thirty four Security and Exchange act.

So they went to Standards & Poor’s and they got all those credit enhancements and they pre-sold those securities. Well that’s what the special deposit is for the REMIC trust, the trust vehicle; the special purpose vehicle. So, through special deposit, they generated those funds with the sale of the securities, that’s what makes the credit swaps available for the sponsor bank, to work with the originator to the table fund transaction.

Once you’re able to understand the blue print of the transaction and then you set the order of operations in place, and then you couch the interested parties, and then couch their capacity, and then what are they negotiating and what’s its statutory intangible interest, and what governs that, and once you set the mouse trap in place, and it can follow the order of operation it’s not that complicated.

To get to the root question you just have to be able to see all of that and to be able to understand the root question.

The root question is “in what capacity did you sign the note (as maker/issuer) or as an (accommodation party/guarantor)?

Get all your questions answered and get the help you need to get the justice you deserve at: www.fraudstoppers.org/pma

70 MILLION MORTGAGES MAYBE LEGALLY VOID!

DO YOU HAVE ONE OF THEM?

 

BANKS AND WALL STREET TRUSTS HELD ACCOUNTABLE FOR WRONGFUL ASSIGNMENT OF DEEDS OF TRUST!

General Overview: Upwards of 70 million mortgage-loan-contracts are legally faulty. It has now been determined that many of the entities attempting to foreclose on homes do not hold legal title to do so.

If you suspect that you may have been wrongfully foreclosed upon, or are currently facing foreclosure, we recommend that you read and research the Glaski v. Bank of America case and the CA Supreme Court Case Yvanova.

In 2006 the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds that the assignment is void.

What does Glaski v. Bank of America mean to you?

The Glaski decision presents the idea that if some entity wants to collect a debt or foreclose on your property, they must first own the debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is valid.

“This is one of the most significant cases in Calif. Real Estate Law in the last fifty years,” explained Stephen J. Foondos, managing partner of United Law Center. “Unlike the myriad weak modification programs that gave little or nothing to a relatively small number of homeowners, the Glaski decision offers real financial relief to all who were (wrongfully) foreclosed upon.”

In the Glaski case, Mr. Glaski was foreclosed on and evicted. He sued for wrongful foreclosure claiming the entity that foreclosed was not the proper party because they did not own his promissory note. Glaski alleged that days after he signed his mortgage with his bank, the bank assigned his note to a securitized “Wall Street” trust and that the Assignment document was not filed timely as required under the state laws in which it was created.

Since the Assignment of Mr. Glaski’s note to the securitized trust was invalid, the trust did not own his note and therefore could not foreclosure, and hence the foreclosure was wrongful. The Court of Appeals agreed. (Notably, if the trust never owned the note then it never had the right to collect any of his mortgage payments—which means Glaski [and any other Plaintiffs] can sue for reimbursement of those payments too)!

Although the banks tired to appeal the Glaski decision, it did not work. Recently the California Supreme Court upheld the Glaski decision. This Supreme Court Decision could help bring down the house or cards (and deceit) that the banks have created and have been fighting hard to maintain.

All homeowners who lost their properties to foreclosure, or are currently in the foreclosure process, are encouraged to review their original loan paperwork for signs of a fraudulent foreclosure. “There are tell-tale signs on your original loan paperwork that can indicate an improper handling of your Deed of Trust.

What bank did you originally sign with? Major Banks securitized nearly 90% of all their loans; nearly all failed to properly assign them. These include, but are not limited, to:

  • Countrywide Home Loans
  • JPMorgan Chase
  • Bank of America
  • Wells Fargo
  • Washington Mutual

 

What was the date of your Assignment of Deed of Trust? Look to see if an Assignment of Deed of Trust was filed. If so, your lender does not likely own your note. If the recording date of the Assignment is near the time of foreclosure, then that entity had no legal right to foreclose. And if that’s the case you need to file suit against them because they are attempting to foreclose on your home ILLEGALLY!

Here is one major sign of fraud to look for: Seeing the term MERS (The Mortgage Electronic Registration System) on your loan documents: Deed of Trust, Notice of Default, and Notice of Trustee Sale.

What is MERS? MERS is the Mortgage Electronic Registration Systems it was created by banks in order to “streamline” the warehousing of loans and mortgage documents. Basically MERS is a front organization that was created to defraud homeowners and government agencies. It pretends to hold your note, but in fact MERS actually holds nothing!

Banks set up MERS in the late 1990s to help speed the process of packaging loans into mortgage-backed bonds by easing the process of transferring mortgages from one party to another. But ever since the housing crash, MERS has been besieged by litigation from state attorneys general, local government officials and homeowners who have challenged the company’s authority to pursue foreclosure actions. Recently there have been many court decisions delivering death blows to MERS and you may be able to take advantage of this FACT.

For example the Washington State Supreme Court dealt a death blow to MERS: “The highest court in the state of Washington recently ruled that a company that has foreclosed on millions of mortgages nationwide can be sued for fraud, a decision that could cause a new round of trouble for the nation’s banks.

The ruling is one of the first to allow consumers to seek damages from Mortgage Electronic Registration Systems, a company set up by the nation’s major banks, if they can prove they were harmed. Legal experts said this decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.

“This is a body blow,” said consumer law attorney Ira Rheingold. “Ultimately the MERS business model cannot work and should not work and needs to be changed.” A spokeswoman for MERS said the company is its role in the financial system will withstand legal challenges. The Washington Supreme Court held that MERS’ business practices had the “capacity to deceive” a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not!

This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS’ involvement would make repossession more complicated. On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.

Currently there is an estimated 70,000,000 mortgages that MERS claims to hold. This represents about 60% of the residential real estate in the United States of America. So chances are your mortgage and loan has been compromised. You can learn more about MERS, and search the MERS database to see if your mortgage loan is a MERS loan by clicking here.

Here are 65 more signs of fraud you can look for. If you see any of these signs we recommend that you contact us right away because you may have legal standing to sue your lender, or current loan servicer, for mortgage and/or foreclosure fraud.

If you are missing copies of your mortgage loan documents you may be able to can get free online copies by clicking here.

Now is the perfect time to sue the banks over mortgage and foreclosure fraud because the legal tide is beginning to turn, and homeowners are starting to win. You can read the Yale Law Journal Review paper entitled “In Defense of Free Houses” for proof.

Kimberly L. Thomas (Baltimore MD) sued Wells Fargo in Montgomery County Circuit Court for wrongful foreclosure and her six-member federal jury convicted Wells Fargo of fraud, negligence and other charges for inflating Thomas’ income and assets on her mortgage application, and locking her into a bigger loan than she had applied for — one she couldn’t afford. She was awarded $250,000 in special damages, plus another one million dollars in punitive damages! You can read her case by clicking here.

David and Crystal Holm also sued Wells Fargo for wrongful foreclosure and quiet title and were awarded $2,959,123.00 in financial damages and clear and free title to their home. You can read about their case by clicking here.

IF you have a MERS mortgage, or you feel that you have been harmed by your lender, we recommend that you take immediate action and register for a Free Mortgage Fraud Analysis to determine if you have legal standing to sue your lender, or current loan servicer for mortgage fraud.

Remember the banks business model is to foreclose on homeowners. Securitization is the reason that banks want to foreclose on homeowners.  When a bank assigns the risk of a loan to investors (certificate holders) of a Real Estate Investment Conduit Trust (SPV), the “bank” is no longer a traditional bank that gets the benefit of mortgage payments.

Mortgage banks give as few modifications as possible and comply minimally with statutes put in place to protect borrowers, all while employing tricks to “cash in” on homeowners’ defaults, pushing them to foreclosure.

Banks benefit from foreclosures more than loan modifications because of something called “creaming the debt.”  If the Banks modify the loan, their penalties and fees might not get paid to them.  When they foreclose, they get their penalties first, before the investors– which is the “creaming.” The mortgage banks make more money from foreclosure than actually servicing the homeowner’s payment.

When foreclosure becomes a possibility, like when a borrower misses a payment or asks for a modification, the banks seize the opportunity for increased profit by foreclosure. Foreclosure is clearly the fattest pot of gold possible and it’s for this reason foreclosure is the bank’s primary goal.

The banks take the risk of litigation because few people sue, but getting legal information as soon as possible can make the difference between homeowners asserting their rights, or losing their homes while being bulldozed by the bank.

 

Bank Trick #1:  Refusing Payments

The bank refuses the check a homeowner sends in.

The bank may offer a reason (for example, there’s a mistake on the account) or it might offer no explanation at all.  The bank may even offer the homeowner a loan modification.  The bank does this to delay the homeowner from immediately contacting an attorney to pursue a breach of contract claim.

Alternately, the bank may take trial payments in an effort to further delay the homeowner until the arrears (also known as the forbearance)  becomes so great that the homeowner is ineligible for a loan modification or unable to repay the debt. Eventually, the servicer combines this trick with other tricks, such as changing servicers, to draw the homeowner further into default.

 

Bank Trick #2:  Switching Services during Modification

A homeowner gets a loan modification with one servicer and makes trial payments.  The servicer advises the homeowner that it is switching servicing rights to another servicer.

The new servicer claims to know nothing about the modification and delays the homeowner for months waiting to get the relevant “paperwork.”  No matter how many times the homeowner sends proof of the modification, the new servicer refuses to honor it.  It is a violation of California law to not honor a modification from a prior servicer but servicers know that most people will not pursue litigation.

 

Bank Trick #3:  Breaching a Modification Contract

The homeowner gets a loan modification that includes a balloon payment of, for example, $50,000 after 20 years.  After paying on this loan modification for a year and a half, the homeowner gets a new modification in the mail from the same servicer with a balloon payment of $150,000.  No matter how many times the borrower calls the servicer, or tries to forward the existing modification, the agent will respond with a fixed script that does not acknowledge the prior modification but only talks about the new one.

The confused borrower will feel like he or she is talking to a robot (on a recorded line, being monitored by a supervisor).  Eventually, if the borrower does not sign and execute the new modification, the bank will begin to refuse their payments on the old modification.

The servicer will also create a paper trail that tells a different story than what is actually happening.  If the bank is trying to stick a borrower with a new modification, the paper trail will show the borrower is refusing the modification and mention nothing about the old one. Eventually, the servicer will stop accepting payments unless the homeowner acquiesces to the new modification.

 

Bank Trick #4:  Extra Fees & Escrow Accounts

The homeowner receives a bill for extra fees out of nowhere so that the mortgage payment becomes something the homeowner suddenly can’t afford.  The servicer refuses to accept any “partial payment.”  After that, the bank continues adding on fees each month, increasing the amount the borrower has to pay to reinstate. They may offer the homeowner a loan modification as a distraction to trick the homeowner into a longer default.  Because the borrower thinks they are getting a modification, they will spend the money they would have put towards their mortgage and be unprepared to pay their arrears if the modification falls through, as it most likely will. The servicer does all this while telling the borrower they are there to help.

The servicer may pay homeowner taxes early and then accuse the homeowner of not paying them.  The servicer may point to a clause in the mortgage that says if the homeowner doesn’t pay the taxes, they can raise the interest rate. They may begin charging the homeowner for forced place insurance at a high rate even though the homeowner already has insurance. This is something the homeowner only finds out after-the-fact when trying to pay property taxes.

 

Bank Trick #5:  False Notices

In a non-judicial foreclosure state, such as California, foreclosure is done by recorded notice.  The Notice of Default states the amount of arrears that a homeowner must pay back to reinstate the loan.

Servicers uniformly overstate this amount by up to $20,000, which serves two purposes: (1) It scares borrowers with an inflated amount of arrears that they believe they can’t cure; and (2) It creates a paper trail for the bank so they can claim more money from investors.

 

Bank Trick #6:  Multiple Modifications and Dual Tracking

The bank must respond to the loan modification application with a denial or approval within a definite period.  A denial must be in writing and must inform the borrower of the right to appeal.  The bank cannot “dual track” a borrower by posting Notices of Foreclosure and Trustee’s Sale while reviewing the borrower for a modification.

There are big penalties for “dual tracking” by the bank, but only if it is the borrower’s first time applying.  This is why a servicer will often deny a modification over the phone or encourage a borrower to apply again.  Once a borrower becomes a serial modifier, the bank can dual track the borrower all it wants without statutory penalties. And, it will.

You don’t have to let the banks get away with these tricks and scams! According to a government audit 83% of the mortgages contain legal violations, legal errors, contract breaches, appraisal fraud, mortgage fraud, and other legal issues that can be legally problematic for banks attempting to foreclose.

However, thanks to groundbreaking cases like the Glaski v. Bank of America case and the Jesinoski v. Countrywide Home Loans, case there is hope for homeowners who want to fight to save their homes from mortgage and foreclosure fraud.

The Glaski decision (California State Court) presents the idea that if some entity wants to collect a debt or foreclosure on your property, they must first legally own the debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is legally valid.

The Jesinoski decision (Federal Supreme Court) deals with a homeowner’s right to rescind (or cancel) the loan agreement, and stated that the loan is rescinded the moment the rescission letter is mailed! Furthermore if the lender wants to challenge the rescission it only has 20 days to do it!

The Supreme Court stated in Carpenter v. Longan that “the mortgage follows the note” and that the note and mortgage are inseparable because the assignment of the note carries the mortgage with it, while the assignment of the mortgage alone is a legal void!

Our research shows that the majority of Assignments are void; because  most pooling and servicing agreements are trust that are governed by New York law.  New York law says that if you are not punctilious in following the trust documents for a transfer, the transfer is void. It doesn’t matter if you intended it or not, it’s void.

That transfer is void even if the transfer would have otherwise been compliant with law. And if the transfer is void, that would mean that the trust do not own the mortgages; and therefore lacks standing to foreclose.

It’s axiomatic that in order to bring forth legal action, the plaintiff must have legal standing. Only the mortgagee has such standing. Thus various problems like false or faulty affidavits, as well as back dated mortgage assignments, and altered or wholly counterfeited notes, mortgages, and assignments all relates to the evidentiary need to prove standing.

I cannot decide for you the moral obligations you should pursue; but if a wrong has been committed against you (such as a clouded title or a fraud resulting from a mortgage loan) you have the duty as an American property owner to correct it. Filing a lawsuit (in my book) reflects one’s personal responsibility. Furthermore if you read your mortgage or deed of trust you agreed to defend the title to your property against any false or faulty liens or encumbrances.

If you have a broken chain of title, or cloud on title, it is your legal right and duty to file a quiet title lawsuit in order to obtain clear and equitable title to your home!

Register for a Free Mortgage Fraud Analysis and we will analyze your loan documents and conduct a free securitization search to determine if you have legal standing to sue your lender, or current loan servicer for financial compensation for fraud, clear and free title to your home, or both!

If we determine that your loan qualifies for a quiet title lawsuit we will provide you with a FREE TILA Rescission Letter that you can mail to your lender to immediately rescind (or cancel) your mortgage loan contract under the recent Federal Supreme Court case Jesinoski v. Countrywide.

In addition to this FREE TILA Rescission Letter we can also provide you with a court ready, turnkey, quiet title or wrongful foreclosure lawsuit that can help you save time and money (and increase your odds of success) suing for the legal remedy that the law entitles you to and that you deserve.

To register for your free mortgage fraud analysis click here: https://fraudstoppers.org/welcome/

Remember do NOT give up on your piece of the American Dream, because you may have legal remedy available. 

FRAUD STOPPERS Evaluation for Violations of “RESPA” The Real Estate Settlement Procedures Act (RESPA) is a consumer protection statute, first passed in 1974. It requires lenders to give a good faith estimate (GFE) of all closing costs that borrowers must pay. It was designed to help borrowers from being forced to pay “hidden fees” at closing. Typical violations of RESPA include (1) Statutory Damages, (2) Attorney’s fees, and in many cases (3) Treble Damages [i.e., 3 times the amount.]

FRAUD STOPPERS Evaluation for Violations of “TILA” The Truth in Lending Act (TILA) requires lenders to disclose the terms of a loan, including the total amount of the loan, the annual interest rate, and the number, amount, and due dates of all payments necessary to repay the loan. The TILA also requires additional disclosures and places many restrictions on mortgages. The most often sought remedy under TILA is rescission of the loan.

FRAUD STOPPERS Evaluation for Violations of “FCRA” The Fair Credit Reporting Act (FCRA) was designed to prevent inaccurate or obsolete information from entering or remaining on a credit report. The law requires credit bureaus to adopt reasonable procedures for gathering, maintaining, and disseminating information. Commons remedies for violating FCRA are (1) statutory damages and (2) Attorney fees

FRAUD STOPPERS Evaluation for Violations of “ECOA” The Equal Credit Opportunity Act (ECOA) was designed to ensure that all qualified people have access to credit and prohibits discrimination based on sex, marital status, age, race, national origin, or public assistance benefits received.

FRAUD STOPPERS Evaluation for Violations of “HOEPA” Home Ownership Equity Protection Act state and local high costs. Federal (HOEPA), state and local high-cost thresholds.

FRAUD STOPPERS compares the loan data collected during a forensic loan audit to the calculated high-cost thresholds as defined by the Home Ownership and Equity Protection Act (HOEPA) and applicable state and local jurisdictions.

FRAUD STOPPERS Evaluation for Violations of “Underwriting Standards” The purpose of an underwriter is to determine whether the borrowers can qualify for a loan and if the borrowers can repay the loan. This determination of the ability to repay a loan is based upon employment and income in large measure, which is proved by getting pay stubs, 1040’s, W-2’s and a Verification of Employment and Income on the borrowers.

If an underwriter has evaluated the loan properly, then there should be no question of the ability of the borrower to repay the loan. Debt ratios will have been evaluated, credit reviewed, and a proper determination of risk made in relation to the loan amount. Approvals and denials would be made based upon a realistic likelihood of repayment.

The terms “abusive lending” or “predatory lending” are most frequently defined by reference to a variety of lending practices. Although it is generally necessary to consider the totality of the circumstances to assess whether a loan is predatory, a fundamental characteristic of predatory lending is the aggressive marketing of credit to prospective borrowers who simply cannot afford the credit on the terms being offered. While such disregard of basic principles of loan underwriting lies at the heart of predatory lending, a variety of other practices may also accompany the marketing of such credit.

Targeting

Targeting inappropriate or excessively expensive credit products to older borrowers, or to persons who are not financially sophisticated or who may be otherwise vulnerable to abusive practices, and to persons who could qualify for mainstream credit products and terms

Loan Flipping & Equity Stripping

Repeated refinancing of borrowers into loans that have no tangible benefit to the borrower. Can be the same lender or different ones. Loans and refinances whereby equity is removed from the home through repeated refinances, consolidation of short-term debt into long term debt, negative amortization, or interest only loans whereby payments are not reducing principle, high fees and interest rates. Eventually, borrower cannot refinance due to lack of equity.

High Debt Ratios

This is the practice of approving loans with high debt ratios, usually50% or more, without determining the true ability of the borrower to repay the loan. Can often be seen with Prime borrowers approved through the Automated Underwriting Systems.

High Loan to Value loans

Loans offered to a borrower having little or no equity in the home. Usually, adjustable-rate mortgages that the borrower will not be able to refinance out of when the rate adjusts due to lack of equity.

Fraudulently Caused to Execute Loan Documents

Adjustable-rate mortgage loan was an inter-temporal transaction on which Plaintiffs had only qualified at the initial teaser fixed rate and could not qualify for the loan once the interest rate terms change.

Deception, Fraud, Unconscionable

Is marketed in a way that fails to fully disclose all material terms. Includes any terms or provisions which are unfair, fraudulent, or unconscionable. Is marketed in whole or in part based on fraud, exaggeration, misrepresentation, or the concealment of a material fact. Includes interest only loans, adjustable-rate loans, negative amortization and HOEPA loans.

Stated or No Income/No Assets

Is based on a loan application that is inappropriate for the borrower. For instance, the use of a stated-income loan application from an employed individual who has or can obtain pay stubs, W-2 forms and tax returns.

Lack of Due Diligence in Underwriting

Is underwritten without due diligence by the party originating the loan. No realistic means test for determining the ability to repay the loan. Lack of documentation of income or assets, job verification. Usually with Stated Income or No documentation loans but can apply to full documentation loans.

Inappropriate Loan Programs

Is materially more expensive in terms of fees, charges and/or interest rates than alternative financing for which the borrower qualifies. Can include prime borrowers who are placed into subprime loans, negative or interest only loans. Loan terms whereby the borrower can never realistically repay the loan.

All claims and defenses the borrower may have against the mortgage lender, mortgage broker, or other party involved in the loan transaction.

FRAUD STOPPERS Evaluates Each File for Violations of “Common Law Principles”

CONSTRUCTIVE FRAUD

Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information which a reasonable borrower would want to know before accepting the loan. Did the broker or loan officer or anyone working for the broker or loan officer fail to disclose any material facts to the borrower?

FRAUD AND NEGLIGENT MISREPRESENTATION

Were any representations, statements, or comments, written or made by the loan officer, broker, notary or anyone else who contradicted the terms of the documents?

NEGLIGENT MISREPRESENTATION

When a mortgage professional makes errors which a reasonably diligent mortgage professional would not have made, he or she may have made a negligent misrepresentation.

BREACH OF CONTRACT

The note and its attachments are a contract. The broker must follow all the terms of the contract such as the way the interest is calculated, and the penalties it assesses. Were there any terms in the contract which the lender failed to follow?

BREACH OF FIDUCIARY DUTY

And many, many, more…….

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Pig in a Poke a Promissory Note is NOT a debt

A Promissory Note is NOT a debt. It is evidence of the debt and terms of repayment. Neil Garfield I can remember back when Nova Law Center was an old building on what and been a World War II airstrip. My fellow students and I would satisfy our need for speed on those runways. That was in 1974.I also remember my contracts professor, Samuel Bader (RIP). He pounded into our heads a simple but elusive fact of law. The note is not the debt. it is evidence of a debt. And he said that those who can...

Quiet Title Actions

Quiet Title Actions, Multiple Scenarios and Suspected Court Overreach   Deadly Clear May 3 Reblogged from Clouded Titles Blog: (BREAKING NEWS, OP-ED) -- The author of this post is a paralegal and trial consultant to attorneys on chain of title issues. The article is designed to educate and is not to be construed as legal advice or to attempt to draw any legal conclusions of law. A Supreme Court of Iowa case came into my inbox this morning and after reading its 14 pages, it became a relevant...

Post Foreclosure Options

Post Foreclosure Options If the house is sold, is there anything I can do? Neil Garfield At least 40% of the inquiries received by my office ask what they can do after the auction has occurred or even after the REO property has been liquidated. As I have stated repeatedly in the past, the further you go procedurally the less likely you are to obtain any relief. If you want any of this reality to change, you need to elect representatives to Congress and state legislatures who truly intend to...

Deutsche Bank Searched Over Anti-Money Laundering Report

Deutsche Bank Searched Over Anti-Money Laundering Report (Bloomberg) -- Deutsche Bank AG’s offices in Frankfurt are being searched by law enforcement authorities over reports about potential money laundering that were filed by the lender. Police were at the bank’s headquarters Friday following a decision by a Frankfurt court. Officials from the prosecutors office, regulator BaFin and Germany’s BKA federal police are involved, according to a spokeswoman for the prosecutors. Authorities are...

Mortgage Foreclosure Fraud Daily News Update ⋅ May 5, 2022

Homeowners Alert! You Are Corresponding With Machines, Not People. Neil Garfield Most people do not spend their time keeping up with advances in technology. When it comes to their front door they know it has arrived. For about 12 years I have been telling people that there is a "high probability" that no human is making any decision and no human is doing anything with respect to their alleged loan account. The only exceptions are (1) a lawyer appearing in court and (2) a robowitness appearing...

Why the CFPB Announcement is Very Important

Why the CFPB Announcement is Very Important Neil Garfield when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated "servicer" are not business records that are not exempt from the hearsay rule, the poop will hit the fan. I received multiple emails from lawyers and homeowners who were confused when I posted an article about the latest CFPB announcement. Most people are not clear on why this announcement is so...

Foreclosure Fraud & Mortgage Fraud Daily News Update ⋅ April 27, 2022

Foreclosure Daily News Update ⋅ April 27, 2022 NEWS Where Foreclosures Could Take Years to Process | Realtor Magazine Realtor Magazine Homes foreclosed on in the first quarter have been in the foreclosure process an average of 917 days—about 2.5 years, according to ATTOM Data ... Foreclosures surge 181% to highest levels since March 2020 - NewsBreak - NewsBreak bank repos for sale. Other fees that can be charged, if applicable, include Title/Escrow/Attorney ... - clickyourwedding.de PDF...

Post Foreclosure Trial Options

Post Foreclosure Trial Options When the homeowners loses in the trial court what are the options?   Foreclosure litigation is a very special type of case. Normal rules of limitation and basic requirements of proof have been softened in favor of giving lawyers the opportunity of saying they represent a Bank that is the trustee of a trust. Those lawyers don't need to assert that the trust owns any underlying obligation owed by the homeowner to the named Bank as trustee. It is all implied....

JURISDICTIONAL CHALLENGES

JURISDICTIONAL CHALLENGES MUST NOT BE AIMED AT THE MERITS OF THE CLAIM Neil Garfield Apr 25 "Jurisdiction" is a term used to define whether or not the court has any authority to hear the case. Filing a bogus claim DOES invoke the jurisdiction of the court as long as it complies with the basic rules of court.Just because you call it a jurisdictional challenge doesn't make it a jurisdictional challenge. The jurisdiction of the court is based upon several factors, each of which must be challenged...

knowledge of securitization to win foreclosure and quiet title cases

How to use your knowledge of securitization to win foreclosure and quiet title cases Neil Garfield Apr 22 In an effort to show the relevancy of securitization in the collection businesses established with each new transaction with homeowners, I have had some discussions about the usefulness of knowing who has access to funds paid by homeowners and who gets paid any money as a creditor of the homeowner. In our example here the servicer is Ocwen, but it could be any one of a dozen or more...

How to Win a Foreclosure Case or Quiet Title Lawsuit

How to Win a Foreclosure or Quiet Title Lawsuit Homeowner Beliefs and Fears Drive Losses in Court Neil Garfield There is no "YES". There are many people who get angry with me for ascribing some blame to the homeowners themselves for the toxic economic environment and the judicial environment resulting in the victimization of homeowners. Some argue that "I tried that and it didn't work." The fact is that none of them are lawyers and none of them truly understood the securitization fallacies...

Foreclosure Mortgage Fraud Daily News Update ⋅ April 19, 2022

  Mortgage Fraud Daily News Update ⋅ April 19, 2022 NEWS MLO Mentor: HECM fraud and abuse | firsttuesday Journal First Tuesday Journal This article discusses abuse, theft, and fraud schemes related to Home Equity Conversion Mortgages (HECMs). 9 mortgage scams you need to know about - MediaFeed - MediaFeed Full Coverage       Pingora Loan Service Letter Could Be a Scam — Mortgage Lendees Beware - Market Realist Market Realist People across the U.S. might have received a...

MERS and the problem of false agency

MERS and the problem of false agency Posted on April 19, 2022 by Neil Garfield Since the beginning of this century, The initial transaction with homeowners was the product of multiple layers of paperwork, most of which were neither identified nor accessed by consumers or their professional advisers. Here is the deal: As was typical during the “securitization” era, the application for a loan is received as the commencement of the transaction. It is not the “closing.” From your perspective, you...

Fake Notices from Fraudulent Mortgage Loan Servicers 

Fake Notices from Fraudulent Mortgage Loan Servicers  Notices To and From Servicer Might Mean Nothing at All by Neil Garfield In homeowner finance, ALL claims start with notices from third parties with whom the homeowner has previously had no communication. My suggestion is that homeowners start challenging those letters, statements, and notices as soon as they arrive. Such challenges make "tracks in the sand" for later use in litigation. But the real issue arises repeatedly because the...

Interlocutory Appeals in Foreclosure Defense

Interlocutory Appeals in Foreclosure Defense   Don’t wait until the end: Interlocutory appeals succeed where the issues are narrow by Neil Garfield Aggressive litigation means basically that the lawyer or pro se litigant uses every tool in the box to force the opposition onto its heels or out of the courtroom. Each state has its own rules and laws governing interlocutory appeals. Those are appeals that take place before the case is over. And as I said last night on the Neil Garfield Show,...

Mortgage Fraud & Foreclosure Daily News Update ⋅ April 14, 2022

Mortgage Fraud Daily News Update ⋅ April 14, 2022       Robert Morgan surrenders $16.3 million to feds to settle mortgage fraud case - Buffalo News Buffalo News Robert C. Morgan didn't just plead guilty to a felony related to mortgage fraud this week. The developer and landlord also signed papers ... Robert Morgan pleads guilty to felony to end massive mortgage fraud case | Flipboard - Flipboard Full Coverage         Fake CPA who bought a new home using money he got through...

Former Sheriff Incarcerated for Refusing to Shut up about Guardianship Abuses

Former Sheriff Incarcerated for Refusing to Shut up about Guardianship Abuses By Janet Phelan As shock waves, initially engendered by the revelations of abuse in the high-profile conservatorship of pop star Britney Spears, begin to subside, another guardianship case has emerged of equally disturbing proportions. Seated in Nevada, this case reveals a level of relentlessness by the state as it strives to imprison two men who attempted to free a woman from a nursing home. A writ of habeus corpus...

Facts About Bad Mortgage Loans

Facts About Bad Mortgage Loans How significant a risk is noncompliance with consumer protection laws? The mortgage industry is struggling to comply with consumer protection laws. A remarkable report published by the FDIC Office of the Inspector General reveals that during 2005 (which was the peak year of the mortgage boom measured by number of loans originated), 83% of federally supervised banks that made loans were cited for patterns of "significant compliance violations." The percentage was...

Why the UCC Matters in Foreclosure Cases

Why the UCC Matters in Foreclosure Cases by Neil Garfield The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first thing you need to know about Foreclosure is that it is only about money. If you have the money and you pay it, there is no claim --- or at least no claim against you. You might have a claim against a "debt collector" seeking to...

Requirements to Qualify as an Expert Witness in Foreclosure Defense Case

  You Don’t Need to Call a Forensic Investigator as an Expert: He or she can be called as a fact witness thus avoiding any requirements to qualify an expert. by Neil Garfield I keep getting messages from homeowners who are furious with the corrupt system of the courts because they tried to call a witness to testify as an expert and they failed. Calling an expert means you must fulfill numerous requirements. One of them, the threshold question, is whether an expert is even needed. The Judge...

Mortgage Servicer Fraud Exposed

Mortgage Servicer Fraud Exposed  It’s the small stuff that reveals the fraud by Neil Garfield Several contributors to the blog have identified specific information regarding the true owner and operator of physical mail addresses used in connection with correspondence, statements, and notices sent out under the letterhead of some company that is claimed to be a servicer. This is important information as it supports the premise about the role of companies who are named "servicers." In plain...

Zombie Second Mortgages

What Are Zombie Second Mortgages? The zombie mortgages that are wreaking havoc today are second mortgages. Many were originated by predatory lenders in the years leading up to the 2007 financial crisis. During that era of frenzied lending, brokers often combined first and second mortgages in a single loan transaction. Referred to as “80-20 mortgages,” the transactions typically financed 80% of the principal balance through a first mortgage and the other 20% through a second mortgage. This kept...

Mortgage Fraud Daily News Update ⋅ March 28, 2022

Mortgage Fraud Daily News Update ⋅ March 28, 2022   Court convicts 50-year-old man over fraud | The Guardian Nigeria News The Guardian Nigeria News Justice Oluwatoyin Taiwo of a Lagos Special Offences Court has convicted a 50-year-old man, Abiodun Adeola Sadiq, for allegedly defrauding a ...       Surge in cryptocurrency scam complaints to ombudsman - Independent.ie Independent.ie It got 250 tracker mortgage complaints last year. Acting Ombudsman MaryRose McGovern said her office has seen “a...

Truths about Foreclosure Defense

Truths about Foreclosure Defense Gary Dubin on the Attack in California: Simple Truths About Foreclosure Defense by Neil Garfield Dubin reports that the status of judicial consensus in California is pretty much the way it was before he entered the battle in Hawaii. I think he is starting to change that with inventive ways to educate the courts and give them pause before they rubber-stamp another foreclosure. The simple truth is that unless the person is steeped in education, experience, and...

Avoid mortgage loan modification scams

Avoid mortgage loan modification scams March 26, 2022       Millions of homeowners struggled to make their mortgage payments during the COVID-19 pandemic, and it’s important for all homeowners to know about mortgage loan modification scams and how to avoid them. The Consumer Financial Protection Bureau wants to make people aware that mortgage loan modification scams are schemes to take people’s money – often by making a false promise of saving them from foreclosure. These so-called foreclosure...

A Victim’s Story From The Heart – Share Yours!

A Victim's Story From The Heart - Share Yours! Three-time victim of foreclosure, Paris Dube, shares her personal story with all of you. She knows the stories all too well, since as a paralegal, she's prepared hundreds of her FACT Reports for those folks. Paris appeared in #TheCon and everyone is encouraged to watch that five-part documentary and share with everyone you know. White collar crime is a killer!!!! The Con website: https://www.thecon.tv/ Platforms where you can buy/rent The Con:...

Foreclosure Daily News Update ⋅ March 25, 2022

Foreclosure Daily Update ⋅ March 25, 2022       February Foreclosure Starts Dip Following January Spike - DSNews DS News Black Knight has released its “first look” at the February 2022 mortgage data finding that the national delinquency rate nearly returned to ...         Black Knight: February Uptick in Early-Stage Delinquencies Drives First Increase in Past Yahoo Finance Logo (PRNewsfoto/Black Knight, Inc.) Total U.S. loan delinquency rate (loans 30 or more days past due, but not in...

Fake Money Fraudulent Mortgages

Fake Money Fraudulent Mortgages Do you have a fraudulent mortgage? Do you want to sue the bank for mortgage fraud, or foreclosure fraud? If so, join FRAUD STOPPERS because we have a proven way to help you save time and money and increase your odds of success getting the legal remedy you deserve. With an attorney or pro se, take action today and sue your mortgage company for legal violations and errors, fraud, and wrongdoing. Join FRAUD STOPPERS and overturn the tables on the banks and profit...

Mortgage Fraud Daily News Update ⋅ March 23, 2022

Mortgage Fraud Daily News Update ⋅ March 23, 2022   CFPB Issues Policy on Contractual 'Gag' Clauses and Fake Review Fraud Consumer Financial Protection Bureau Many families learn about and shop for credit cards, mortgages, and other financial products online, including through third-party websites that ...       United States Attorney's Office Announces Partnership with Special Inspector General for ... Department of Justice ... and prosecute fraud involving loans, loan...

Mortgage Servicing Fraud 

Mortgage Servicing Fraud    About that “servicer” by Neil Garfield If you refer to the company that has been named as the "servicer" for your "loan", as your servicer or your lender, you are already wrong. Regardless of what company is named as "servicer", it is not receiving any payment that you have ever directed to them or any predecessor company that was designated as "Servicer" (most likely by a FINTECH company operating under license, and acting for an investment bank that does NOT own...

How to Use RESPA Qualified Written Request (QWR) in Foreclosure Defense 

How to Use RESPA Qualified Written Request (QWR) in Foreclosure Defense  Qualified Written Request (QWR): How to use RESPAby Neil Garfield RESPA is a consumer protection statute that regulates the real estate settlement process, including loan servicing and assignments. 12 U.S.C. § 2601(a). In 2010, RESPA was amended pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010), which, among other things, added provisions governing the...

Business Record Exception to Hearsay

Business Record Exception to Hearsay   Oregon Case Directly Corroborates My Analysis of Business Record Exception to Hearsay by Neil Garfield The bottom line and the importance of this analysis is that the basis for any claim in foreclosure is the enforcement of an unpaid debt and the proof of its existence and status, along with the proof of a default.You must understand that a default does not exist because of nonpayment nor because someone (anyone) declares a default. It exists only if...

difference between substantive claims or theories and the procedural opportunities to present them in foreclosure defense cases

Wading through the difference between substantive claims or theories and the procedural opportunities to present them by Neil Garfield A recent exchange of correspondence from a good client of mine (one of the legacy cases I am still directly litigating) produced questions and answers that mirror literally hundreds of inquiries I receive every week. I offer the following as guidance to both lawyers and clients. The context of such conversation and communications between lawyer and client is...

Foreclosure Defense Information “Payment History” is not the loan receivable account

Foreclosure Defense Information “Payment History” is not the loan receivable account by Neil Garfield The payment history is not the loan receivable account by definition and it is never presented as such. Failure to recognize this obscure fact often results in failure. But those who do understand it, raise their chances of a successful defense from unlikely to very likely. A lawyer (Scott Stafne) shared with me a case that he is apparently working on. This case is interesting because the...

foreclosures and securitization

2022: Recap of what we know about foreclosures and securitization by Neil Garfield Here is a line from another lawyer that I spoke with:"The investment banks were not selling securities and they can't say that they were because if they did say that then they would be saying that they were subject to registration requirements for initial public offerings. Their entire position is based on the assertion that compliance with SEC rules is barred by legislation in 1998-1999. The investment banks...

Wilmington Trust Foreclosure Fraud

  Wilmington Entities in Foreclosure by Neil Garfield The "Wilmington" name shows up with what appears to be increasing frequency in foreclosures. The bottom line, in my opinion, is that whenever the "Wilmington" name appears in foreclosure cases, it is an attempt to launder title such that the lawyers who prosecute the foreclosure process can reasonably imply that he or she is representing a creditor who is one or more of the following --- none of which are true in any respect, in my opinion,...

Mortgage Fraud Daily News Update ⋅ December 29, 2021

  Delaware Federal District Court Challenges the Ghost Nature of REMIC Trusts and BY Implication the Role of Trustees by Neil Garfield This is subject to rehearing, reconsideration and appeal. But in Delaware where the financial industry is coddled to the point of absurdity (statutory trusts are not trusts), this ruling is highly significant. Allow me to say "I told you so." Here is the decision: REMIC Trust MTD-AC-decision-2021.12.13 Here is an article about the decision written by Ori...

131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest

131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest Join the demand for compensation from judges who have broken the law by hearing cases in which they have a financial interest and who abuse their power NOTES: I would be grateful if you would acknowledge receipt of this email. You are encouraged to share and post it to social media as widely as possible in your own interest and that of the rest of We the People; e.g., click “Reply All” and send.To subscribe...

Foreclosure & Mortgage Fraud News Update ⋅ December 28, 2021

Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence by Neil Garfield The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled "Spoliation of Evidence and Non-party witnesses." The author is Gary M Glassman, who is the attorney for Daytona Beach. The major points of the article that I think are relevant to Foreclosure Defense litigation are that (A) spoliation has a very broad meaning and (B) the refusal to...

Evidence Against Bank of America and their Lawyers

Former Florida Supreme Court Justices issue Ominous Warnings about our Judiciary & The Evidence Against Bank of America and their Lawyers Please join us. We need all our prayer warriors!   I have two hearings Wednesday and Thursday of this week before Judge Migna Sanchez Llorens where Bank of America and its lawyers are attempting to push through systemic fraud on the court even after Judge Beatrice Butchko started criminal contempt proceedings for that fraud.  This is the same fraud that...

How Homeowners Can Win in Court

“I challenged that and the judge completely ignored the report and my challenge”: How homeowners without knowledge of legal requirements for practice in court lose cases they could have won. by Neil Garfield People often tell me that they challenged something in court and that the judge completely ignored their challenge. The problem is that most people don't know the elements of a legal challenge in court. Based upon my review of transcripts, reports, and proffers of evidence and testimony,...

Lack of Standing to Foreclose 

Why You Need to Perform Investigation of Real Facts in the Real World by Neil Garfield I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the judge to make sense of it). Question received from one of the readers of this blog: "I’m...

Foreclosure Daily News Update ⋅ December 16, 2021

If you want to stop a foreclosure sale, sue for mortgage fraud, quiet title, or wrongful foreclosure, file bankruptcy to stop a foreclosure sale using a little known bankruptcy secret to become mortgage free and walk away with a free house, you need several things to be successful and FRAUD STOPPERS can provide you (and your lawyer) with everything you need to win. Join FRAUD STOPPERS PMA today and get access to court ready legal documents, trial ready evidence including expert witness...

Foreclosure Daily News Update ⋅ December 14, 2021

        Foreclosure Daily News Update ⋅ December 14, 2021           Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent ... - JD Supra JD Supra The United States Supreme Court held in BFP v. Resolution Trust, that properties sold at “force-sale” mortgage foreclosure sales properly ...           Owner of Southridge Mall agrees to foreclosure: Report - TMJ4 TMJ4 The owner of southeastern Wisconsin's largest mall, Southridge Mall, has filed...

How To Respond in a Discovery Dispute with Wells Fargo, Fannie Mae and Wachovia as the Originator

  You Can Use This As a Template for How I Would Respond in a Discovery Dispute — Especially with Wells Fargo, Fannie Mae and Wachovia as the Originator by Neil Garfield In a dispute between the attorney for the homeowner and the attorney for the alleged "lender", there are a number of devices that are nearly universally applied across the country in order to ridicule and defeat the homeowner. The more you are aware of them, the better you will be prepared to deal with them. Opposing counsel...

Foreclosure Daily News Update ⋅ December 13, 2021

        Foreclosure Daily News Update ⋅ December 13, 2021           Worried your house might end up in foreclosure? $197 million in relief funds can help - Yahoo News Yahoo News The money can help homeowners catch up on mortgage delinquencies and prevent defaults and foreclosures. The funds also pay for delinquent utility ... Get help with home foreclosure - NHS Brooklyn Community Development Corporation, Inc ... - One Degree Dakota Homeownership Preservation Program - HOCMN - Minnesota...

The Con

Greetings to you all:   For some of you, it is has been a long time since we have spoken. Life does get busy and my client base is quite large so keeping in touch with everyone proves to be difficult. But I come to you today because I have promised each of you when I get a chance to be your voice or talk about your case I do. Well, today an opportunity for you to be your own voice and tell your own story has landed in my lap. A chance to help us all in sharing the links below with those...

Mortgage Fraud & Foreclosure Fraud Daily News Update ⋅ December 10, 2021

        Mortgage Fraud Daily News Update ⋅ December 10, 2021           Former Phoenix police officer arrested for PPP loan fraud - TheGrio TheGrio Former officer Toni Richardson is facing federal fraud charges after allegedly falsifying an application for the Paycheck Protection Program.           NJ man gets over 2 years for stealing more than $481K in federal COVID relief funds - New York Post New York Post In June 2020, Lopez filed a fraudulent PPP loan, intended to help...

How Homeowners Win

Homeowners Win Only When They Litigate Properly — Not Because They Are Right by Neil Garfield There is a difference between securitization, on the one hand, and securitization of debt, on the other. They are not the same thing. The entire scheme that is currently advertised or represented as securitization of debt is false. Securitization refers to the creation, issuance, sale and trading of securities. There is no doubt that securities were issued, although I take issue with the notion that...

COVID OSHA REGULATIONS RULES AND MANDATE MADNESS

COVID OSHA REGULATIONS RULES AND MANDATE MADNESS   Please donate to support this work and spread the word at https://standupmichigan.com/   COVID_Article_Final OSHA, REGULATIONS, RULES, AND MANDATE MADNESS By Kristen Meghan, Sr. Industrial Hygienist Tammy Clark, OSHA Environmental Health & Safety Professional With Special Acknowledgement to Stephen Petty, P.E. C.I.H, C.S.P. November 29, 2021 Many workplaces around the nation are scrambling to figure out the requirements of the...

Stop the Foreclosure Crisis: To All Local, State and Federal Government Officials

Stop the Foreclosure Crisis To All Local, State and Federal Government Officials:      We, the people of the United States of America, are appalled by the ongoing foreclosure crisis and demand a new foreclosure and eviction moratorium until these issues are investigated and addressed: Titles are being clouded by the filing of forged and legally invalid documents in our land records; Entities claiming standing in foreclosure cases are claiming to be bank “trustees” for “trusts”, yet these...

Free Debt Validation Letters To Stop Foreclosure

It's a business. Anyone can make a claim. Anyone can say that they are representing someone who has a claim. If you don't contest it, the claim might be presumed as valid even though it has no basis in fact. The investment banks don't want you to read articles like the above link in Forbes magazine. Besides corroborating many of the strategies and tactics that I have strongly recommended, it also corroborates the fact that many claims, especially those from unknown debt collectors, cannot be...

Magna Bank, N.A. as Trustee is FRAUD

Magna Bank, N.A. as Trustee for registered holders of certificates issued under the name of the Macandcheese Acquisition Trust, Inc. an inactive corporation, for a nonexistent trust, series 2022-XL-1 by Neil Garfield So a friend of mine left her phone in my car. Here is what I wrote to her:Thank you for leaving your phone in my possession, which as you know is 9/10s of the law. That means that even though you paid for it and you received ownership from the seller, I can now claim it as my...

Foreclosure Daily News Update ⋅ December 2, 2021

How Could This Not Be a Loan? by Neil Garfield I think the one idea that sticks in the throat of nearly everyone is the idea that no money was loaned. That idea seems impossible and to many skeptics, it sounds like a snake-oil salesman trying to peddle what people want to hear. People know that they did really buy their home, and the majority of these transactions are refinancing, which means that the old "lender" got paid off, right? First of all, let's agree on at least one thing. Virtually...

Mortgage Fraud Daily News Update ⋅ November 29, 2021

Hi, everyone! I hope you are having a great start to your holiday season! American Property Owners Network ( APON) IS CALLING ON ALL THOSE WHO CARE to organize nationally against the fraudclosure machine! PLEASE SPREAD THE WORD! We need to meet to discuss networking, the APON website and blog, and legal and political actions our network is in the process of planning and doing. We have combined these topics (which were formerly the business of separate APON committees into one 2 hour meeting,...

FRAUD STOPPERS Mortgage Foreclosure Fraud Daily News Update ⋅ November 26, 2021

HOW THEY DID IT: CONVENTIONAL LOAN TRANSACTION EXPLAINED by Neil Garfield The following link leads to an oversimplified chart of a conventional loan transaction, leaving out the actual people at each step and leaving out several of the computer servers:CHART: Conventional Loan Transaction Most people don't have any idea about the number of steps and the number of people in the number of vendors that are involved with a single loan transaction or a single loan payment. But if it was as simple...

Revised UCC Article 9, IRC 1031, and Liens on Real Property

Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.   Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.Did the lien’s beneficial interest maintain perfection, and was it therefore eligible to be negotiated with the note in that capacity, as statutorily required? That would require that you were the actual creditor and that you actually made that note as a maker issuer, for the purposes of being the...

Reverse Mortgages

If you have a reverse mortgage foreclosure to stop FRAUD STOPPERS can help you uncover if you have legal standing to sue for financial compensation, clear and free title to your home or better both! Join FRAUD STOPPERS PMA today and let us help you get the legal remedy the law entitles you too with your reverse mortgage or foreclosure situation.  We offer mortgage fraud audits, expert witness testimony, legal education, court ready legal documents, and a nationwide network of attorneys to help...

Black Knight

Missouri Attorney General Files Suit Against Springfield Public Schools for Sunshine Law Violations After Requesting Documents on Critical Race Theory in Schools November 16, 2021Contact: Constituent ServicesOffice: 573-751-3321 SPRINGFIELD, Mo. – Today, Missouri Attorney General Eric Schmitt filed a lawsuit against Springfield Public Schools for Sunshine Law violations after the Attorney General’s Office requested public records from the school district relating to critical race theory and...

Stop Foreclosure Mortgage Fraud Daily Update ⋅ November 15, 2021

If you want to Stop Foreclosure and stop Mortgage Fraud you must get legal education, legal support, and legal documents. FRAUD STOPPERS has everything you need to Stop Foreclosure and Mortgage Fraud including: legal education, legal documents, court ready evidence, expert witness testimony, attorney network, loan modification audits, and much more. Get all the help you need by joining FRAUD STOPPERS PMA today at https://fraudstoppers.org/pma/ STOP BLAMING JUDGES: Their position is wrong but...

Biden and Court Clerks Trespassing on Private Businesses

Dear Commissioners for the Biden Administration and Court Clerks please stop trespassing upon our private business. Attached are just one example of the documentation of financial warfare for which we have presented to the treasury and the military provided for ex FBI and DOJ, which documents the premeditation of the mortgage crisis.  As you are aware of HSBC involvement not only as the collateral agent for DOMINION SOFTWARE but is the TRUSTEE for hundreds of REMICS involved in the worlds...

Equitable Defenses Explained

Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended by Neil Garfield Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers. Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to...

What is the best way to prevent title scams

What is the best way to prevent title scams? Q: Recently, the focus has been on title theft and home loss. What is the best way to check the status of a title and prevent the property from being stolen? — James A: Real estate ownership fraud is serious, but fortunately it’s a rare event. In a typical real estate transaction, the certificate is signed, notarized and recorded in the official county record.   Title companies or lawyers usually do this, but anyone who knows how to meet the...

Mortgage Fraud & Foreclosure Daily News Update ⋅ November 6, 2021

Are you behind on mortgage payments? Are you in or facing a foreclosure and at risk of losing your home? There are two main options to save your finances: a Chapter 13 bankruptcy or a Chapter 7 bankruptcy, and our experienced Nebraska bankruptcy attorneys are here to help you decide which option is best for you. How Filing a Chapter 13 Bankruptcy in Nebraska Can Help Save Your Home From Foreclosure A Chapter 13 Bankruptcy will help you save your home, if you can afford to do so. It allows you...

131 federal judges oversaw cases involving companies in which they or their families owned stock

131 federal judges oversaw cases involving companies in which they or their families owned stock BY DEBRA CASSENS WEISS SEPTEMBER 29, 2021, 10:37 AM CDT A Wall Street Journal investigation has found that 131 federal judges oversaw 685 court cases in the last decade involving companies in which they or their families owned stock. The conflict is a violation of U.S. law and judicial ethics, the newspaper reported. “Nothing bars judges from owning stocks,” the newspaper reported, “but federal law...

Foreclosure & Mortgage Fraud Daily News Update ⋅ November 5, 2021

Want to allege fraud? Not so fast by Neil Garfield Both homeowners and lawyers like to throw around the term "fraud upon the court." But it actually ends up diminishing the credibility of both. There are several reasons why you should not allege fraud unless you have indisputable sold proof that the documents and/or oral arguments were filled with statements that were known to be false when they were made. The reality is that homeowners do best when they attack the sufficency of the...

This Sunday, Nov. 7–Organizing meeting; upcoming 5 facebook events; and affidavit-writing campaign

To our government officials Hi, fraudclosure heroes! Please forward the info below (and link to workshop Sunday ) to all who you consider leaders in helping victims of fraudulent foreclosure. Our board members, member-leadership, advisory board members and other anti-fraudclosure movement leaders are invited to a meeting this Sunday at 3 pm with a Dr. Richard Cordero, a judicial expert, to discuss our combined vision for how to obtain unprecedented citizens' hearings and justice in response...

Foreclosure & Mortgage Fraud Daily News Update ⋅ November 2, 2021

Those letters from the lawyer for the alleged “servicer” named PHH by Neil Garfield It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so --- nor is it true that PHH has any right to receive any money, whether it is a monthly payment or a payoff. In fact it is not true that PHH will receive any money. They won't and they don't. All payments are directed through lockbox contracts and FINTECH companies into accounts that may bear...

PennyMac Mortgage Fraud

  FRAUD STOPPERS is the only organization, to our knowledge, that can provide you (and your attorney) with loan level data and mortgage securitization information for all Government-Sponsored Enterprise Mortgages, including Fannie Mae, Freddie Mac, Ginnie Mae, Farmer Mac, Sallie Mae, and PennyMac. Plus all private & off shore Trusts information including World Savings Loans and Washington Mutual (WAMU) mortgages.   Get your trial ready evidence package you need to win your case...

Mortgage Fraud & Foreclosure Daily News Update ⋅ October 29, 2021

        Mortgage Fraud Daily News Update ⋅ October 29, 2021           Report reveals significant increase in mortgage fraud risk Mortgage Professional America At the end of Q2 2021, about one in 120 mortgage applications (approximately 0.83% of all applications) contained fraud – similar to pre-pandemic ... CoreLogic Reports A 37.2% National Year-Over-Year Increase In ... - PROGRESS in Lending - PROGRESS in Lending The risk of mortgage fraud increases significantly in the second quarter -...

FRAUD STOPPERS Foreclosure & Mortgage Fraud Daily News Update ⋅ October 28, 2021

        Foreclosure Daily News update ⋅ October 28, 2021           Home foreclosures are at record lows - Axios Axios Two months after the federal foreclosure moratorium ended, foreclosure activity in the U.S. is at a record low.           Facing foreclosure? Connecticut has $7 million left in COVID mortgage relief fund - NewsTimes NewsTimes A state pilot program in Connecticut aims to prevent a wave of foreclosures as forbearance options end for many homeowners, and there's still ... Fay...

Mortgage Fraud & Foreclosure Daily News October 26, 2021

Foreclosure Daily update ⋅ October 26, 2021 NEWS Judge: Bridgeport church under foreclosure must be vacated - Connecticut Post Connecticut Post Moales had requested a stay of Meyer's previous foreclosure order while he appealed it to the U.S. Second Circuit Court of Appeals. George Comfort & Sons escapes foreclosure on Westchester office campus - The Real Deal The Real Deal George Comfort & Sons' last-ditch refinancing effort has kept its Westchester office campus from being foreclosed...

A Senior’s Guide to Making the Most of COVID-Related Life Changes

A Senior's Guide to Making the Most of COVID-Related Life Changes By Bob Shannon The COVID-19 pandemic has changed everyday life. Senior citizens have been especially impacted due to the fact that they are a high-risk group, not to mention the constant threat of fraudsters capitalizing on the crisis.   However, the increased time at home may have left you feeling isolated, or struggling with daily tasks like grocery shopping. If this applies to you, read on for ideas from Fraud Stoppers...

Foreclosure Mortgage Fraud Daily update ⋅ October 19, 2021

        Foreclosure Daily update ⋅ October 19, 2021     NEWS         Democrats Gopal, Houghtaling, and Downey Highlight Record of Protecting Tenants, Homeowners ... Insider NJ ... legislation that enacted a moratorium on foreclosures and evictions. ... end of 2021 after the foreclosure and eviction moratorium was lifted.     Flag as irrelevant         Message from the CEO: Moving Business Forward - Boca Raton's Most Reliable News Source Boca Raton Tribune ... and will assist City residents...

How to Be a Friend to Seniors in Your Community

How to Be a Friend to Seniors in Your Community By Bob Shannon If you’re looking for some great ways to befriend and care for aging adults in your community, this guide is for you. Fraud Stoppers has compiled a list of resources with info on helping older adults, whether you’re hoping to volunteer with local organizations or offer private transportation and yard work services to seniors in your neighborhood. To explore some of the things you can do to be a good friend to seniors near you, read...

Good Foreclosure Defense

If you're looking for a Good Foreclosure Defense we think you should countersue for fraud; because its usually easier and more effective to win a fight, if you're the one attacking your opponent with overwhelming force! If you agree and want a 100% completely turnkey mortgage fraud or foreclosure fraud litigation package click the button at the bottom of this page! If you are defending a foreclosure one tactic or argument to consider is explained in this recent blog posting by attorney...

Holder of Mortgage vs Holder of Note and Yvanova vs Ibanez

If a “Holder” Can Enforce a Promissory Note, Why Can’t He Enforce a Mortgage? by Neil Garfield If the claimant is only a holder it is highly probable that he is neither a holder in due course nor a true lender or creditor. If it was otherwise, he would say so. And only a party who has paid value for the underlying obligation may enforce a mortgage. (Article 9 §203 UCC, adopted verbatim in all U.S. jurisdictions). A true creditor would ordinarily say in judicial states that it is suffering...

Governor Criminal Complaint

 In the Name of and under the Authority of the State of Texas I, Randall Kelton, have reason to believe and do believe that Gregory Abbott, hereinafter referred to as “Defendant”, while acting, or purporting to act, under the color (pretense) of an official capacity exerted an authority the beyond the scope of the authority of his office and, in the process denied Complainant and others similarly situated in the full and free access to and/or enjoyment of rights secured by the Constitution and...

Deuteronomy: Securitization for those who read scripture

Deuteronomy: Securitization for those who read scripture by Neil Garfield It seems like from the beginning of time most people understood that there was something intrinsically wrong with borrowing and lending, especially if it extended for more than seven years. There is complete agreement on that in both the Old Testament and the New Testament. It is obvious that writers from thousands of years ago were concerned about the enslavement of people through the use of debt. The point was to give...

Supreme Court Lifts Federal Eviction Moratorium

Supreme Court Lifts Federal Eviction Moratorium The US Supreme Court on Thursday ruled to end the federal eviction moratorium, noting that any continuation of the program must be specifically authorized by Congress. “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. The application to vacate stay presented to The Chief Justice and by him referred to the Court is granted,” the ruling reads. “It is up to Congress, not the CDC, to decide whether...

Foreclosure Daily News Update ⋅ August 15, 2021

State, city leaders help Bridgeport senior citizen facing foreclosure find options for relief https://brooklyn.news12.com/i-m-very-frustrated-bridgeport-senior-citizen-facing-foreclosure-not-protected-by-federal-eviction-moratorium-extension   State and city leaders stepped into help a Bridgeport senior citizen facing foreclosure of her home find options.   When Lenora Bromfield came to the U.S. from Jamaica in search of a better life, she says one of her biggest aspirations was to achieve the...

Deutsche National Trust Company Dies in NY!

Deutsche National Trust Company Dies in NY!   Very promising development in a recent judicial foreclosure case out of New York State. A principal issue in the case was whether the foreclosing party (mortgagee, the typical designate in a judicial foreclosure state) possessed the subject note before commencing the foreclosure process, and whether it had complied with serving statutorily required notices prior to initiating the foreclosure process. The lower court allowed Deutsche Bank...

How to Kill Zombie Foreclosures

How to Beat Zombie Foreclosures   Zombie foreclosures are like any other foreclosures: Challenge it in timely fashion and you are likely to be successful by Neil Garfield The problem with zombie foreclosures is not what you think, at least not entirely. You probably sum up the problem as the banks need to foreclose so they can't least write off the debt. They then abandon the properties if the economic analysis shows that there is a net loss if they take over maintenance, taxes etc. This...

Foreclosure and Eviction

  He Who Has the Gold Makes the Rules: Thousands of Foreclosure and Eviction Cases Lacking in Jurisdiction and/or Merit by Neil Garfield ...homeowners would do well to consider the possibility that they don't deserve to be dunned in collection or foreclosure because they are only the victims of a perverse scheme that gives them money to sign papers and then punishes them for having done so I take the position that if the investment banks want to make millions for each $100,000 in presumed...

COVID Mortgage Moratoriums Ended July 31

COVID Mortgage Moratoriums Ended July 31 There is nothing wrong with homeowners winning these cases. Nobody is getting hurt when homeowners win. But everyone gets hurt when the investment banks win using hidden intermediaries and sham conduits to profit off the misery of homeowners. virtually none of the information put out by the government, private businesses or banks is correct. None of them have any right, title or interest in homeowner payments, homeowner debts, or notes or mortgages...

Foreclosure Defense For Dummies 

Foreclosure Defense For Dummies  Challenge Everything, Challenge Standing. Challenge Capacity. Challenge Agency. Challenge the amount of debt owed, who owes it, who gets it, where, when, why, ext. Challenge the mortgage loan documents, assignments, ext. And last but not least, counter-sue!  Sue for everything and the kitchen sink...    Foreclosure Defense in a Nutshell by Neil Garfield The goal of the foreclosure defense strategy is to undermine the ability of the foreclosrue mill to put...

Is Your Mortgage Payment Actually Paying Down Your Mortgage?

Is Your Mortgage Payment Actually Paying Down Your Mortgage?   Tracking The Presumed Payment of Value for the Underlying Debt by Neil Garfield One of the biggest lies in documents related to transactions with homeowners is "for value received." In most cases no such "value" was paid or received by either of the parties to that document. Paper checks have become a thing of the past. We have been too quick to assume they are not necessary --- like paper ballots. But without corroborating...

Holder in Due Course Foreclosure Defense Argument

Holder in Due Course Foreclosure Defense Argument   Foreclosure Defense: Holder in Due Course Argument Refined. It’s no magic bullet but it can be used effectively by Neil Garfield You should be careful about any argument based on the holder in due course. It is true that in order to enforce any rights under a security instrument, lien or mortgage the claimant must have paid value for the underlying obligation assuming the obligation still exists. But there are other elements required to...

Hidden Equity in Securitized Mortgages 

Hidden Equity in Securitized Mortgages  It comes as no surprise to learn that the investment banks have been hiding things from us for decades, since 1983 when the era of securitization of debt came into existence. Back then the nominal value of derivates on the autocratically controlled trading posts for derivatives was ZERO. They didn't exist. The main purpose was concealed from both homeowners and the purchasers of certificates issued by the investment bank. The point of the entire plan was...

Sundquist v. Bank of America Case No. 10-35624-B-13J

Sundquist v. Bank of America Case No. 10-35624-B-13J UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA  2018  January  Sundquist v. Bank of America., N.A. (In re Sundquist) DOWNLOAD CASE PDF BK-CA-Sundquist-vs-BofA-opinion-45-million-damage-award   DOCKET NO. Case No. 10-35624   ATTORNEY(S) James I. Stang, Kenneth H. Brown, Pachulski Stang Ziehl & Jones LLP, Los Angeles, California; Estela Pino, Sacramento, California, for Plaintiffs. Jonathan R. Doolittle, Brian...

Mortgage Fraud & Foreclosure Fraud Daily News update ⋅ July 21, 2021

Bank of America Liable for $45,000,000.00 in Punitive Damages for Mortgage & Foreclosure Fraud. Download and read lawsuit here. BK-CA-Sundquist-vs-BofA-opinion-45-million-damage-award It's wroth reading the entire case! Foreclosure Fraud Daily News update ⋅ July 21, 2021   Maine, US home foreclosure rates at all-time low, but could soon change Mainebiz The number of U.S. properties with foreclosure listing — 65,000 default notices, scheduled auctions or bank repossessions — was down 61%...

How to Use Discovery to Win Your Foreclosure Case or Mortgage Fraud Lawsuit 

How to Use Discovery to Win Your Foreclosure Case or Mortgage Fraud Lawsuit    Download Free Discovery Package Here   If you want to pursue discovery, you have to follow the rules. The right to demand and enforce discovery does not exist in a vacuum. There are specific rules that provide for specific periods of time in which discovery can be pursued. Think about what you are demanding. the more vague and ambiguous you are, the less effective will be your pursuit of discovery and...

How Wall Street Profits from Illegal Foreclosures

How Wall Street Profits from Illegal Foreclosures   Homeowners: Where is the OUTRAGE? by Neil Garfield Homeowners have been brainwashed into thinking that there was never anything wrong with their "loan" transction at the beginning, in the middle or in the end when they lose their house. So the collective homeowner action requried to break the grip of Wall Street never materializes. In this article I reveal what you are missing. The benefit of refinancing for Wall Street is simple. They...

NEW Federal Court Ruling Effects Foreclosure Defense: No concrete harm, no standing

NEW Federal Court Ruling Effects Foreclosure Defense: No concrete harm, no standing   TransUnion LLC v. Ramirez, No. 20-297: SCOTUS RULES ONLY CONCRETE INJURY GIVES STANDING by Neil Garfield This new case was decided by the United States Supreme Court about 3 weeks ago. It is extremely interesting on many levels. Basically the court was trying to shoot down the standing of consumers who were wronged by illicit behavior by the credit bureaus. And the court succeeded as it always does...

The problem with securitization foreclosure defense

Foreclosure Defense: The problem with explaining securitization by Neil Garfield Winston Chuchill was fond of saying that we should walk our dog three times per day regardless of whether or not we had a dog. Some readers will remember that pursuant to that sage advice there appeared leashes in the marketplace that were rigid so as to simulate the appearance of walking an invisible dog. The dog though was not invisible. It obviously did not exist. The problem with explaining securitization of...

The difference between forensic and legal analysis

The difference between forensic and legal analysis by Neil Garfield You need both. One identifies the factual issues that are inconsistent with the claim against the homeowner. The other identifies the legal issues asserted by the foreclosure mill that are not supported by fact and the procedural issues and hurdles you must jump over to mount a successful defense. The obvious problem is that homeowners do not know where to turn when presented with a claim for administration, collection or...

Wrong Foreclosure Defense

Interesting SCOTUS Decision May Prevent Removal of Certain Lawsuits to Federal Court Where They Normally Die by Neil Garfield The full impact of this decision may not be known for years. But the immediate impact is that it gives homeowners a chance to move for remand back down to state court after attempted removal to Federal Court. Unless clarified later, which does not seem likely, this decision could mean that the Supreme Court of the United States says that Federal Courts have no...

Here is what is really wrong with foreclosure process

Here is what is really wrong with foreclosure process by Neil Garfield While I agree that in most cases there was no substantive transaction with homeowners or that the transaction was not correctly identified as to its components, I do not agree that there are no mortgages or notes. They plainly exist and even if they are not supported by consideration or are otherwise procured by fraud, duress or other illegal means, they still exist. As long as they comply with requirements for facial...

Mortgage Securitization Foreclosure Defense

Securitization Refined For Defense of Foreclosure by Neil Garfield Homeowners attempt to "disprove" the presumed facts by raising questions. But the questions are directed to the judge instead of to their predator. The judge has no obligation to answer such questions and in the absence of some procedural reason raised by the homeowner will and must decide in favor of the fraudster because the victim failed to properly defend. I think that I have not made securitization, as practiced, clear...

Vanishing Mortgage Debt

Why knowledge of accounting is important to understand how the apparent debt vanishes in the context of securitization. by Neil Garfield The big change occurred when the Wall Street securities firms forced securitization practices over the line. Whereas the purpose of securitization had always been to reduce risk, the investment banks meant to eliminate it. The only way you can eliminate the financial loss from a failed asset is if you don't own it. That is basic accounting, basic law and...

Reminder Committee in Support of 6021 & General Committee meeting this Saturday, June 12 2021- 10am PST

Reminder Committee in Support of 6021 & General Committee meeting this Saturday, June 12 2021- 10am PST http://www.disleague.com/ is fine and is firewalls up the yang, every time it is attacked, the backup auto reinstalls.    Here is a memorandum for the upcoming mortgage foreclosure holding a prefix of what is going on, holding a federal question (pertaining to MERS) Memorandum copy   There is a prefix to explain the violations that bypassed the constitution and is meant t be...

Banks Lawyers Are Lying to You and The Courts

How the Lawyers for the Banks Lie to You and the Courts by Neil Garfield documents that pledged, sold, transferred anything relating to transactions with homeowners were regularly fabricated with false information and then used in subsequent documents as though there was actual trading going on. But there wasn't. And there isn't. And that is why the opposition in foreclosures can never give a straight answer to questions about any presumed transaction in which value was paid for the document...

How to Use Hearsay Evidence to Win a Foreclosure Case 

How to Use Hearsay Evidence to Win a Foreclosure Case  Below is some information on how to use Hearsay Evidence to win a foreclosure lawsuit or quiet title lawsuit, or mortgage fraud lawsuit.... Learn more about how to win a lawsuit at https://fraudstoppers.org/education   Why the Ban on Hearsay Evidence Is So Damn Important in Foreclosures by Neil Garfield What is hearsay evidence? The old Rules on Evidence did not define hearsay. Evidence is hearsay if the probative value is not based on the...

Mortgage Fraud & Foreclosure Daily News Update ⋅ May 24, 2021

        Mortgage Fraud Daily News Update ⋅ May 24, 2021           Two Connecticut men arrested for multifamily mortgage scam Mortgage Professional America Two Connecticut men were arrested last week for their alleged role in a multifamily mortgage fraud scheme. Jacob Deutsch, 56, of Brooklyn, NY, and ...           SmartSearch urges agents to 'ditch documents' to be compliant Mortgage Introducer But also, we're seeing reports of serious spikes in fraud in the rental sector, where criminals are...

Stop Using the Word Servicer

Stop Using the Word “Servicer” by Neil Garfield The courts will always at least initially consider the points that you are raising to be technical attempts to escape liability for a legal debt. You need to reframe the situation. And the way that is done is by changing the case from "Bank vs Homeowner" to "Judge vs foreclosure mill", for failing to comply with the rules, and court orders enforcing those rules. I have come to the conclusion that there is a problem in accepting the label of...

Mr. Cooper Group Inc. and Google Cloud have joined forces to create a digital mortgage servicing platform

Mr. Cooper Group Inc. and Google Cloud have joined forces to create a digital mortgage servicing platform I wonder if Google understands that they just signed up for assistance with preparation of fraudulent documentation by Neil Garfield see https://dsnews.com/daily-dose/04-22-2021/mr-cooper-and-google-partner-on-new-ai-initiative Mr. Cooper Group Inc. and Google Cloud have joined forces to create a digital mortgage servicing platform, powered by artificial intelligence (AI), machine learning...

Mortgage Fraud & Foreclosure Defense Daily News Update ⋅ May 19, 2021

        Mortgage Fraud & Foreclosure Defense Daily News Update ⋅ May 19, 2021           13 Key Actions Before Buying A Foreclosure Forbes Here, 12 experts from Forbes Real Estate Council offer their insight into what actions real estate professionals should do before purchasing a foreclosed ...           Oregon Senate votes to reinstate foreclosure moratorium Statesman Journal A bill that would reinstate Oregon's moratorium on foreclosures for those experiencing financial hardship during...

Suing Financial Institutions and Getting Paid $Billions

Suing Financial Institutions and Getting Paid $Billions   1MDB in Kuala Lampur Sets the Standard for Suing Financial Institutions and Getting Paid $Billions by Neil Garfield Without the legal presumptions arising from fake documents, they have nothing. see https://www.malaymail.com/news/malaysia/2021/05/10/after-striking-settlements-with-goldman-sachs-deloitte-and-ambank-putrajaya/1973079  Among the countries that refused to go along with the bullshit from Wall Street is Malaysia....

Mortgage Fraud & Foreclosure News Daily Update ⋅ May 14, 2021

        Foreclosure News Daily Update ⋅ May 14, 2021           Virginia Amends Foreclosure Sale Provisions Related to Rental Agreements JD Supra HB 2229 provides that if a single-family residential dwelling unit is foreclosed upon and there is a tenant in such dwelling unit on the date of the ...           Report: Foreclosures continue decline as moratorium hits one-year mark The Title Report “Given that, it's a little surprising to see foreclosures drop by another 24 percent compared to last...

The Big Trap Door for Foreclosure Defense Litigants and Lawyers: Damnum Absque Injuria

The Big Trap Door for Foreclosure Defense Litigants and Lawyers: Damnum Absque Injuria by Neil Garfield In the introduction of pleadings or memorandums of law, I often read that tens of millions of mortgage loans were sold into the secondary market. It might look like that, but nothing could be further from the truth. I think the big trapdoor can be found in such pleadings and memoranda --- this is how we end up admitting something that if true would make all errors in foreclosures damnum...

Mortgage Loan Servicers Profit  From Foreclosures

Mortgage Loan Servicers Profit  From Foreclosures  “Servicers” Post Losses: Why? Because most of their revenue and profit comes from foreclosures not servicing by Neil Garfield If servicers were actually collecting money and dispersing money they would not be reporting heavy losses. The truth is that they don't collect any money and they don't make any disbursements to "investors." That is why they can't answer questions about collection or disbursements. They are not servicers as we think of...

Mortgage Fraud & Foreclosure Daily News Update ⋅ May 7, 2021

        Mortgage Fraud Daily News Update ⋅ May 7, 2021           12 arrested in California for alleged mortgage 'conspiracy ring' National Mortgage News The indictment accuses the defendants of conspiring in grand theft, identity theft, forgery, filing false documents, money laundering and aggravated ...           LAPD Announces Arrests for a $15 Million Mortgage Fraud and Green Loan Scheme in Southern ... Random Lengths ... 12 individuals on 133 felony counts for allegedly operating a...

FDIC Lies

Keep Your House: Understanding the lies about the FDIC. by Neil Garfield A mistake is not the less so, and will never grow into a truth, because we have believed it a long time, though perhaps it be the harder to part with; and an error is not the less dangerous, nor the less contrary to truth, because it is cried up and had in veneration by any party."—Locke, in King's Life of him, second edition. Vol. I. p. 188, 192. I receive lots of inquiries about foreclosures where the FDIC is involved...

Facts about bad mortgage loans and how significant a risk is mortgage lenders and mortgage loan servicers noncompliance with consumer protection laws?

Facts about bad mortgage loans and how significant a risk is mortgage lenders and mortgage loan servicers noncompliance with consumer protection laws? If you are facing foreclosure or you are struggling with a fraudulent mortgage loan and you want to find evidence of mortgage fraud that you may be able to use to your advantage consider getting a FRAUD STOPPERS Bloomberg Securitization Audit because a Bloomberg Securitization Audit can give you and your attorney the evidence you need to sue for...

Securitization

Securitization is Hybrid of Supply Chain Finance: The Key word is CHAIN First, let me say that there is nothing wrong with supply chain finance. In one form or another, it has been used for thousands of years. The same can be said for securitization --- if that is what is really happening. Second I have been getting quite a lot of questions about my articles and one of the more common questions can be paraphrased as "So where does the money come from?" I want to re-emphasize that while it...

the Mortgage Follow the Note

Does the Mortgage Follow the Note or Vica Versa? by Neil Garfield The key to all successful foreclosure defense strategies is to test the facts instead of assuming you know. Most people have their eyes glaze over as soon as you start talking about this. Does the mortgage follow the note or does the note follow the mortgage? The real question in the minds of nearly every layperson, lawyer, and judge is "who cares?" But because everyone wants to seem as though they are informed and nobody wants...

Signatures Without People: Fake Loan Documents

Fake Loan Documents Signatures Without People: Don’t Believe the Documents: They Are Not real. by Neil Garfield Be aware that in many cases no human hand has ever touched the documents. Nobody signed it.Securitization was always intended to extinguish the debt without barring the ability to enforce it. This legal impossiblity has been treated as "law" for nearly 25 years. This is increasingly true as human forgers and robosigners are no longer necessary due to technology advances and the...

Mortgage Fraud Foreclosure Fraud Audits Daily News Update ⋅ April 30, 2021

        Mortgage Fraud Foreclosure Fraud Audits Daily News Update ⋅ April 30, 2021           Jury begins deliberations in Hild's trial for fraud charges over bond pricing RichmondBizSense Jury deliberations in the embattled local mortgage executive's criminal fraud trial in Manhattan federal court begin today. The founder and former CEO ...     Flag as irrelevant     Alderman Patrick Daley Thompson Indicted On Federal Tax Fraud Charges Block Club Chicago Thompson is also accused of filing five...

Research Trust Law in Your State

Research Trust Law in Your State: Trust officer must sign, not agent or servicer. by Neil Garfield It's nice to be in the position where people do research and send it to me. It seems that Florida Statutes explicitly prohibit anyone other than an authorized trust officer who works for the alleged trustee to sign any oath, affirmation or certification. That means that no agent claiming powers from the trustee can do so. The trustees is already an agent --- and by statute the only agent --- who...

Foreclosure News Daily Update ⋅ April 29, 2021

        Foreclosure News Daily Update ⋅ April 29, 2021           New York's Highest Court Eliminates A Spurious Issue In Foreclosure Litigation Forbes Sometimes a lender accelerates the loan and then doesn't pursue foreclosure, instead sitting on its hands and doing nothing. If that continues for six ...           Maryland extends moratorium on new residential foreclosures Baltimore Sun Maryland is extending the moratorium on new residential foreclosures through June 30. The Maryland...

Mortgage Fraud Daily News Update ⋅ April 27, 2021

Banks Make Fake Threats About “True Lender” Language in Illinois Law by Neil Garfield This is a lot like 2008. But then the banks threatened to pull the plug on all trading platforms for bonds and other securities. They manage to convince a large number of decision-makers in the nation's capital and in State capitals around the country that if securitization "infrastructures" were compromised, the entire financial system would collapse thus bringing the entire economy to a halt and the end of...

Mortgage Fraud and Foreclosure Daily News update ⋅ April 26, 2021

        Mortgage Fraud Daily News update ⋅ April 26, 2021           Hild trial week 2 recap: CFO grilled over details of bond fraud scheme RichmondBizSense Hild, founder and former CEO of Chesterfield-based mortgage company Live Well Financial, is charged with securities fraud, mail fraud and bank ...           Clearwater, FL Patch.com Good morning Clearwater, We are new to the area straight from S.C.. I own and operate a small handyman company called Honey do list done.           Five...

How to Deal with Mortgage Loan Servicers Demand Letters

Legal Death Trap: About Those Letters You Get from the “Servicer” by Neil Garfield THIS IS ABOUT MONEY, NOT DOCUMENTS When a homeowner starts asking questions about the existence, ownership and authority over their debt, note or mortgage, they will at best be misled and probably be the recipient of bald-faced lies. A typical exchange results in the receipt of a letter that is unsigned, with no human name stated, and no title. So first of all the letter is unsigned, which advances plausible...

Mortgage Fraud and Foreclosure Fraud News Daily Update ⋅ April 21, 2021

  Foreclosure News Daily Update ⋅ April 21, 2021       FHFA aims to align foreclosure policies with CFPB National Mortgage News ... to prevent a wave of foreclosures, FHFA Director Mark Calabria said Tuesday during a virtual conference held by the Mortgage Bankers Association. CFPB Tries To Fend Off A Potential Foreclosure Crisis - pymnts.com CFPB April 5 Announces Foreclosure Restriction and Additional Loss Mitigation Requirements - JD Supra FHFA aims to align foreclosure policies...

Foreclosure Defense Lawyer Gary Dubin Takes on the Entire State of Hawaii

Foreclosure Defense Lawyer Gary Dubin Takes on the Entire State of Hawaii   Gary Dubin, Esq. Takes on the Entire State of Hawaii by Neil Garfield Dubin was disbarred by the Supreme court for the State of Hawaii. I have previously written about his situation because, in my opinion, he is the target of investment banks who have an out-sized influence on government.I also believe that the process by which attorneys are disciplined is defective two respects:The first is that the litigation of...

COURTS ARE REOPENING FOR FULL TIME FORECLOSURES

COURTS ARE REOPENING FOR FULL TIME FORECLOSURES   Dear Academy Members and Friends,   Chief Judge Janet DiFiore released a message to the legal community today, which included an announcement that, effective Monday, May 24th, "all judges and court staff will be required to physically return to work in their assigned courthouses. It is time to return to our normal and full courthouse staffing levels in order to support the fuller resumption of in-person operations, including jury...

Vaccine Passports: EMERGENCY FREEDOM ALERTS 4-11-21

NEWSLETTER: EMERGENCY FREEDOM ALERTS: 4-11-21 By Dr. Scott Johnson | April 11, 2021       Act 4:10  Be it known unto you all, and to all the people of Israel, that by the name of Jesus Christ of Nazareth, whom ye crucified, whom God raised from the dead, even by him doth this man stand here before you whole. Act 4:12 Neither is there salvation in any other: for there is none other name under heaven given among men, whereby we must be saved. ——————————————– From: Mark Maesano...

Foreclosure Fraud and Mortgage Fraud Daily News Update ⋅ April 8, 2021

        Foreclosure Fraud and Mortgage Fraud Daily News Update ⋅ April 8, 2021           Servicers, Bankers React to CFPB's Proposed Foreclosure-Avoidance Actions DSNews.com In order to prevent a tide of foreclosures that could overwhelm servicers, the Consumer Financial Protection Bureau (CFPB) earlier this week proposed ...           Oregon House passes new foreclosure moratorium Daily Journal of Commerce PORTLAND, Ore. (AP) — A measure that would reinstate and extend Oregon's moratorium on...

Discovery in Foreclosure Litigation

The dirty details of discovery in foreclosure litigation by Neil Garfield Defending against discovery demands is a contact sport that most litigators enjoy because they get to torture their opposition --- while at the same time learning all about the litigation strategy of their opposition. It is mostly regarded as a win-win situation for the defenders and that especially includes foreclosure mills who in reality don't even have a client who is a party in the subject litigation (hard as it...

Foreclosure & Mortgage Fraud Daily News Update ⋅ April 5, 2021

Attack the “Successors” by Neil Garfield In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word "successor." I have been saying that this word is used as a cover-up for "we don't have title to the debt, note or mortgage." That means they have no loss connected with a claimed scheduled payment that was not received by a "Servicer" who had no right to receive it in the...

Mortgage Fraud & Foreclosure Daily News Update ⋅ April 3, 2021

        Mortgage Fraud Daily News Update ⋅ April 3, 2021           Former Nike manager Errol Andam reaches plea deal on federal charges, faces up to 37 months in ... oregonlive.com Andam agreed to plead guilty to charges of wire fraud, money laundering and submitting a false mortgage application, according to federal court ...           'Blockchain Recovery' Scam Is Posing as a Legit Firm, UK FCA Warns Yahoo Finance Impersonating legitimate organizations is a...

How to use “Unpublished” Opinions

How to use “Unpublished” Opinions by Neil Garfield One of the peculiar aspects of foreclosure litigation over the past two decades has been the overuse (by appellate courts) of instructions not to publish opinions that favor homeowners in litigation. So the homeowner wins in that case but other homeowners and their attorneys probably never hear about it.   This means that another homeowner who is fighting with exact same parties on an identical claim can lose and even have the case...

Mortgage Fraud & Foreclosure News Daily Update ⋅ April 1, 2021

        Mortgage Fraud News Daily Update ⋅ April 1, 2021           Lake County Recorder launching alert system to help thwart identity theft, mortgage fraud nwitimes.com The person then takes the deed to a bank, fraudulently obtains a mortgage and disappears with a large amount of money.           Recruiting, AE, MLO, Ops Jobs; Hedging, HELOC, Anti-Fraud Tools; CFPB Meeting Transcript ... Mortgage News Daily Led by two listing agents, the group of fraudsters helped unqualified...

rules of evidence

Courts Are Wasting Time, Not Saving It: Apply the rules of evidence and both claims and defenses will fall. by Neil Garfield The excuse for the sloppy ways that the rules of civil procedure and the rules of evidence are applied in a case where the foreclosure process is invoked has always been "limited judicial resources."That is shorthand for we don't have the time to hear stupid defenses since the claims are clearly valid.   Practically every successful foreclosure defense attorney...

5 million families to be evicted when moratoriums end

Allowing 5 million families to be evicted when moratoriums end, is not a solution. It’s problem by Neil Garfield Allowing 5 million people to be evicted when moratoriums end, is not a solution. It's problem.Here is the solution for any landlord that owns rental property and any homeowner living in their homestead, where the property is subject to a recorded lien (mortgage or deed of trust). 1. Require all current servicers AND "successors" of "lenders" to prove they paid value for the...

Mortgage Fraud and Foreclosure News Daily update ⋅ November 21, 2020

How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents by Neil Garfield "Facial validity" consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents of false claims on behalf of the false claimant or butchered by either neglect or inexperience by homeowners and their lawyers. And sadly most judges overapply it even in the face of gross abnormalities and fatal deficiencies.   People...

Mortgage & Foreclosure Fraud Daily News Update ⋅ March 19, 2021

BERGEN COUNTY MAN ADMITS DECADE-LONG $80 MILLION FRAUD SCHEME NEWARK, N.J. – A Bergen County, New Jersey, man today admitted orchestrating a long-running bank and securities fraud scheme, which led to large-scale losses for financial institutions and investors, Acting U.S. Attorney Rachael A. Honig announced. Seth Levine, 52, of Teaneck, New Jersey, pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with one count of conspiracy to...

Foreclosure Daily News Update ⋅ March 17, 2021

Basic Premise in Foreclosure Defense: Documents Are Not Events by Neil Garfield The objective in foreclosure litigation is not to prove something. The objective is to prevent the claimant from proving anything. The fundamental error of most homeowners, lawyers, and frankly judges, is the failure to distinguish between the real world and the fictional world portrayed by documents in front of them. A novel is a work of fiction. It can achieve credibility by referring to things that might have...

Disbarred Attorney Michael Pines Fraud Warning Alert

FRAUD STOPPERS FRAUD ALERTPublic Service Announcement (PSA)Regarding Disbarred Attorney Michael Pines   Disbarred Attorney Michael Pines Fraud Warning Alert Mr. Michael Pines, [AKA: Michael Roberts] was released from prison and the CA state mental facilitate and is no longer a licensed attorney. However several recent reports indicate that he is allegedly currently committing some of the same criminal acts he was previously convicted and sentenced for. Reports exist of Mr. Pines...

Modifications and Mediations are Opportunities for Homeowners to Deliver Blows and Setbacks to Self-proclaimed Servicers

“Modifications” and Mediations are Opportunities for Homeowners to Deliver Blows and Setbacks to Self-proclaimed “Servicers” by Neil Garfield When presented with a situation in which a court has ordered mediation or where a proposed modification has been offered, practitioners (lawyers) should be asking themselves what they would do if they knew for a fact that all of the correspondence, notices and proposed agreements were coming from a party who neither owned the alleged debt, relating to an...

How to Win a Foreclosure Case on Appeal

How Homeowners Can Win On Appeal in Foreclosure Cases by Neil Garfield The bottom line in trial court actions defending foreclosures is that generally whatever you're thinking about your defense, you need a little more than that. On Appeal, you need a lot more than what you are supposing will present the foundation for an opinion that reverses the trial court.I often hear lawyers who are losing in trial court say something like "at least we got it on the record," implying that on appeal the...

Mortgage Fraud Foreclosure News Daily Update ⋅ March 1, 2021

The “Holder” Myth: How Wall Street Baffles the Courts Posted on March 3, 2021 by Neil Garfield In a very recent deposition expertly done by a lawyer in an extremely conservative state, the grossly illegal plan to falsely present a scenario of “securitization of loans” was laid bare despite many attempts by an experienced witness who confessed that he was primarily a teacher to other witnesses for Mr. Cooper d/b/a Nationstar. The homeowner had simply asked for confirmation of the identity of...

Mortgage Fraud & Foreclosure Daily News Update ⋅ February 20, 2021

Steps to save your home from foreclosure  First, contact your lender to understand your options. In most cases, it’s usually a loan modification or forbearance. Loan modification will lower your monthly payment, but it could affect the amount of interest you’ll pay. To qualify, you must either be delinquent or facing imminent default, like losing your job. Forbearance is when your lender temporarily allows you to pay less each month or pause paying your mortgage. It does not erase the amount...

Mortgage Fraud & Foreclosure Daily NEWS update ⋅ February 19, 2021

Why You Need to be Thinking About GAAP by Neil Garfield For 15 years I have tried to get CPA auditors to enter the field of expert witnesses against the investment banks. While some have nibbled at the line, none have taken the bait or come on board. So homeowners and their lawyers must familiarise themselves with some basic accounting concepts to avoid the many trap doors and pitfalls the investment banks have set for them. The premise here is that nobody has maintained a loan account...

Foreclosure moratorium extended

Foreclosure Moratoriums are a Trap Designed to Set You Up for Total Economic Collapse Foreclosure Moratoriums Extended to drive you even further into debt and evitable financial ruin. If you think the government is going to come and save you and you will get a free house and lower mortgage and free health care, free college, universal free income, free cars, free food stamps, free everything.... you are delusional. There is no free lunch when it comes to the too-big-to-fail-banks and mortgage...

Why Fraud Charges Keep Getting Kicked Out by the Courts

Why Fraud Charges Keep Getting Kicked Out by the Courts by Neil Garfield This is tricky. I have often had complaints dismissed because I didn't make it over the threshold requirements for surviving a motion that attacks the elements of fraud. So in answer to many questions posed to me, the main reasons why fraud allegations are ignored or dismissed are as follows: 1. Some people think that mentioning fraud in oral arguments in court actually does something. It doesn't. You might just as well...

Foreclosure Fraud & Mortgage Fraud Daily News Update ⋅ February 16, 2021

Atlanta attorney disbarred, arrested and extradited to Walton Co. on fraud charges FOX10 News On February 2, 2021 DeKalb County Police Department received a tip from Crime Stoppers regarding Dickason's location on Echo Trail in Atlanta, ... Look at the Name of the Foreclosure Plaintiff or Beneficiary: Challenge the Deficiencies Early in Litigation. by Neil Garfield A simple fact that eludes most pro se litigants is that they are litigating with a ghost. They have no obligation to defend the...

Mortgage Fraud & Foreclosure Daily News update ⋅ February 11, 2021

Mortgage Fraud Whistleblower Gets Fees Tied to $15 Million Deal A False Claims Act whistleblower will receive $152,327 in attorneys’ fees and costs for her role in bringing about a $15 million settlement between the federal government and Guaranteed Rate Inc. for alleged misconduct under federal mortgage loan programs, a New York federal court said Wednesday. This recovery for Anthonitte Carranza, who received $2.4 million under the... Read more         Foreclosure NEWS Daily Update ⋅ February...

Missouri County Sheriffs Will Arrest Feds Who Violate Second Amendment Under Biden

Missouri County Sheriffs Will Arrest Feds Who Violate Second Amendment Under Biden The Commission of Newton County, Missouri passed legislation in February that will empower local law enforcement officials to arrest federal agents who attempt to violate the Second Amendment rights of citizens within the county. The Newton County Second Amendment Preservation Act will nullify any unlawful federal restrictions on firearms that may be passed under the Joe Biden administration. “All federal acts,...

Mortgage & Foreclosure Fraud Daily NEWS Update ⋅ February 10, 2021

        Mortgage Fraud Daily NEWS Update ⋅ February 10, 2021           First American launches mortgage fraud recognition tool Mortgage Professional America ... has launched a new tool that allows lenders and investors to more precisely identify the risk of fraud or early payment default on both new mortgage ...     Court ends DA's push to prosecute Manafort for mortgage fraud The Real Deal Court ends DA's push to prosecute Manafort for mortgage fraud. Manhattan DA Cy Vance has attempted to...

Mortgage Foreclosure Fraud Daily NEWS Update ⋅ February 8, 2021

Wall Street is Lying to Investors of All Stripes by Neil Garfield Like always, there is the "in-group" and then everyone else. Ocwen is viewed as a hot trade even though it has no discernable business base other than receipt of income from conduits or sham conduits who have nothing to do except serve as conduits for payments of money to Ocwen -- but as long as it is needed as a front for Wall Street. Any security analyst will tell you that this is a company that is just waiting to be thrown...

The goal was to foreclose and resell, rehypothecate and destroy the American Dream

Well, Isn’t This Special… Posted on February 4, 2021 By Sydney Sullivan In the process of research for a homeowner in the throws of foreclosure hell, albeit stayed in moratorium for the purposes of COVID as a “Federally backed mortgage loan” pursuant to the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a little unknown gem of information surfaced. Now, we’ve all been consumed lately with the GameStop fiasco and we’ve certainly learned about hedge funds and shorting the...

Mortgage & Foreclosure Fraud Daily NEWS Update ⋅ February 6, 2021

        Foreclosure NEWS Daily Update ⋅ February 6, 2021           All Year files last-minute lawsuit to block Bushwick mezz foreclosure The Real Deal A day before the scheduled UCC foreclosure sale of its trophy Bushwick rental project, Yoel Goldman's All Year Management filed a lawsuit in an ...     Chetrit's Tides hotel on Ocean Drive faces $45M foreclosure lawsuit The Real Deal Affiliates of the Chetrit Group are facing foreclosure of their long-shuttered hotel, The Tides South Beach....

Mortgage Fraud and Foreclosure Daily NEWS Update ⋅ February 5, 2021

13 Questions: Here is what the OCC said should be minimum operating standards for “servicers” by Neil Garfield On April 19, 2013, the Office of the Comptroller of the Currency (OCC) published "Operating standards for scheduled foreclosure sales." This was about 5 years after public recognition of the mortgage meltdown, and 1 year after the infamous 50-state settlement in which the "servicers" and Wall Street brokers settled claims of fabrication of false documents that were forged, backdated,...

Ocwen (PHH) Slammed with Lawsuit by 33 State Attorneys General

Ocwen (PHH) Slammed with Lawsuit by 33 State Attorneys General by Neil Garfield Let them know what you think!!! The new suit is about charging illegal fees. But if the attorney generals of each state want real leverage they need only demand discovery responses to one simple question: Name the Creditor Who Authorized You to Act as Agent, Servicer, or Power of Attorney. Ocwen doesn't have any money to pay fines, penalties and damages, but the Wall Street stockbrokers (aka Investment banks) sure...

Foreclosure & Mortgage Fraud Daily NEWS Update ⋅ February 1, 2021

        Foreclosure Daily NEWS Update ⋅ February 1, 2021           New foreclosure rules align state law with Michigan Supreme Court ruling Iosco County News Herald County treasurers notify property owners of foreclosure. The delinquent tax process is a roughly two-year cycle. The property owner has until July 1 of ...           A Question for 2021 – Can a Loan Modification Stop Foreclosure? South Florida Reporter If you and your family are facing foreclosure due to falling behind on your...

Mortgage Fraud Daily NEWS update ⋅ January 30, 2021

WHAT IS A SERVICER ADVANCE? According to Ocwen it has zero credit risk and is not really an advance by Neil Garfield One place where securitization players and foreclosure players don't lie is in reports that are formally filed with the SEC. So in my research, I found a document in which Ocwen describes itself and which is subject to judicial notice because it is a government document downloaded from the Sec.gov website. The filing of 8k and other reports required by securities laws and...

Watch Out for Foreclosure Rescue Scams and Promises of Modification

Watch Out for Foreclosure Rescue Scams and Promises of Modification Everett man pleads guilty to mortgage scam The manager of an Everett, Washington, call center pleaded guilty Tuesday to a scam that took $2.5 million from about 1,000 distressed homeowners who were facing foreclosure, according to federal prosecutors. Edwin Josue Herrera Rosales, 34, pleaded guilty in U.S. District Court in Seattle to conspiracy to commit wire fraud. U.S. District Court Judge Paula McCandlis allowed Herrera to...

Foreclosure & Mortgage Fraud NEWS Daily update ⋅ January 26, 2021

        Foreclosure NEWS Daily update ⋅ January 26, 2021           Foreclosure suit hits Palmer House retail space Crain's Chicago Business As the owner of the Palmer House Hilton hotel grapples with a $338 million foreclosure lawsuit amid the COVID-19 crisis, it's now facing a separate ...     Flag as irrelevant     Federal foreclosure moratorium extended Lake County Examiner President Joe Biden requested federal agencies to extend eviction and foreclosure moratoriums for millions of...

Foreclosure Mortgage Fraud NEWS Daily update ⋅ January 25, 2021

Foreclosure NEWS Daily update ⋅ January 25, 2021   Summit County Public Trustee extends moratorium on foreclosures Summit Daily News It also prohibits loan servicers from initiating or proceeding with a foreclosure. Under the moratorium, mortgage servicers are required to delay ...     Flag as irrelevant Covid-19 Homeowner Protections Will Expire Soon. What You Need To Know Barron's “Even if the foreclosure moratorium went away, I don't expect any significant increase of foreclosures, just...

foreclosure Daily NEWS update ⋅ January 22, 2021

        foreclosure Daily NEWS update ⋅ January 22, 2021           FHFA extends foreclosure, eviction moratorium to February HousingWire This marks the fifth time the FHFA has extended the eviction and foreclosure moratorium on a program originally set to expire in June 2020.     Flag as irrelevant     Foreclosure Dothan Eagle L2469 MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed ...     Flag as irrelevant    ...

Mortgage Fraud Daily update ⋅ January 21, 2021

        Mortgage Fraud Daily update ⋅ January 21, 2021     NEWS         Atlanta area woman's 2005 sentence for mortgage fraud scheme commuted by Trump 11Alive.com WXIA According to the Atlanta Business Chronicle report, McFarland was the ringleader in a mortgage fraud scheme that spanned the late 90s and early 00s ...     Flag as irrelevant     Fraud losses fall to £724m Accountancy Daily KPMG's analysis indicates procurement, loan and mortgage, counterfeit goods, and misappropriation of...

Loan Modification Traps to Avoid

Modifications Are Part of the Big Lie: Don’t send that application for modification if you don’t want to waive important rights. by Neil Garfield The application for modification licenses New Rez aka PHH aka Ocwen to sell, distribute the personal data and transaction data to third parties. Besides the obvious problems with data privacy, this confirms the apparent voluntary participation of the homeowner in a securities scheme that was and still is concealed from the homeowner. By filing the...

FDCPA lawsuit

For a FDCPA lawsuit.   Debt collectors must do these things First, as promised, the short list of things that debt collectors MUST do when they contact you:   Tell you they are attempting to collect a debt Tell you that any information you tell them will be used for the purpose of collecting your debt; and Tell you their name, as well as the name of the agency they work for There, that was painless. But now let's look at the don'ts. This list is a little more intensive than the last....

If you have CYNTHIA RILEY’s “signature” on any document in your chain of title you need to read this. Same for Jess Almanza.

If you have CYNTHIA RILEY’s “signature” on any document in your chain of title you need to read this. Same for Jess Almanza. Posted on January 12, 2021 by Neil Garfield MFI-Miami has a file cabinet filled with foreclosure files containing Riley’s stamp that weren’t consummated until months or years after she left Washington Mutual.   Nearly 2/3 of the Washington Mutual Promissory Notes in foreclosure contain an endorsement stamp of former Washington Mutual Vice President Cynthia Riley....

Homeowners can recover attorney fees even if they prove lack of standing when they win

Florida Supreme Court Reverses: Homeowners can recover attorney fees even if they prove lack of standing when they win by Neil Garfield see Page v. Deutsche Bank Tr. Kudos to Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, Florida, for Petitioner William L. Grimsley and Kimberly Held Israel, Jacksonville, Florida, Daniel Alvarado, Elia Alvarado, South Florida Defense Group, Bowin Law Group, Michael Jay Wrubel, P.A., Jonathan Kline, P.A."The certified conflict issue in this case is...

FRAUD STOPPERS Foreclosure News Daily Update 

What Happened With Your “Loan” — By admitting that you received a loan you lose. by Neil Garfield The plain truth is that homeowners are losing their cases through asymmetry of information. They think they understand when they do not have a clue. They are admitting the obvious, which turns out to wholly untrue. In so doing they give the court no choice but to enter judgment against them.  I am experimenting with new ways to present this. If you click on the above chart you will see that the...

Mortgage Fraud Examiners is on the forefront of a new trend in foreclosure defense!

Mortgage Fraud Examiners is on the forefront of a new trend in foreclosure defense!   Do you know that APPRAISAL AND MORTGAGE FRAUD CAUSE AN ESTIMATED 83% OF ALL MORTGAGES TO BE LEGALLY PROBLEMATIC? This is due to the overappraising of homeowners’ properties and the mortgage industry’s pervasive carelessness, haste, and downright fraud in recent years. You already know from the news that during the refinancing craze and the real estate boom over the last decade, lenders were shoveling...

Mortgage Fraud & Foreclosure Daily update ⋅ November 3, 2020

Qui Tams, Class Actions, and Mass joinders in Wrongful foreclosure and Mortgage Fraud Lawsuits?   Qui Tam? Class Action? Mass joinder? Wrongful foreclosure? by Neil Garfield The problem with qui tam in connection with mortgages and foreclosures is that they have not yet worked except in rare instances. The biggest hurdle seems to be that the agency that supposedly got defrauded (e.g. FDIC) by false claims steps forward and says it was OK. You can't force them to admit that they were...

CFPB Final Debt Collection Rule v. NPRM

CFPB Final Debt Collection Rule v. NPRM With the Consumer Financial Protection Bureau's (CFPB or Bureau) release of its final debt collection rule on Friday, everyone is wondering the same thing: how does the final rule compare to the proposed draft included in the Notice of Proposed Rulemaking (NPRM)? the redline document is a very interesting read. You can see exactly what the CFPB changed (including specific word choices), kept the same, reserved, or deleted altogether. Compare_NPRM_to_FR...

Foreclosure and Mortgage Fraud News Daily update ⋅ November 1, 2020

The Key to Winning is Aggressive Discovery and Compliance with Court Orders by Neil Garfield I have just received a slew of inquiries about what to do when the foreclosure mill files evasive responses and objections. Here is the answer. Discovery consists of the following steps toward victory: 1. Framing your answer, affirmative defenses and/or allegations such that you are challenging the status and ownership of the underlying debt. 2. Draft your discovery demands such that they all relate to...

Foreclosure & Mortgage Fraud News Daily update ⋅ October 31, 2020

Crowther pleads not guilty to new federal fraud charges   A Federal Grand Jury has returned a superseding indictment charging Casey Crowther with new charges after initially being accused of using COVID-19 relief funds to buy a boat. On Friday, Crowther plead not guilty to the bank fraud charges. Reporters had a slew of questions for him but Crowther kept facing forward. “Did you lie about the PPP money you got to buy your St. James City house? Did you lie to the bank? How do you feel about...

Foreclosure Fraud News  Daily update ⋅ October 29, 2020

Foreclosure Fraud NEWS We need to start asking the right questions when in Foreclosure. We need to start asking different questions as the Show Me the Note theory does not work.  When they do produce the Note, there is an incomplete stamping on the Note which states "Pay to the order of ____________________ without recourse ".  They claim that the Note is now a Bearer Instrument and that they are Bearer coming forth to collect. They quote UCC 3-205 (b) which states "(b) if an indorsements made...

Foreclosure Help News Daily update ⋅ October 27, 2020

BANKS ARE STEPPING UP ATTACKS ON THIS SITE Posted by Neil Garfield The banks employ a fairly large army of people whose job it is to discredit meritorious foreclosure defenses. Their job is to convince the public and lawyers and judges in general to accept the notion that the "loans" are real, that documentation alone is sufficient to win a foreclosure even if it is challenged, and that the specific facts reported on this blog and others are merely "conjecture" or "hypothetical." Such comments...

FRAUD STOPPERS Foreclosure Fraud & Mortgage Fraud News Daily update ⋅ October 15, 2020

Is it identity theft or invasion of privacy? by Neil Garfield   They have stopped calling the certificates mortgage  bonds because they have nothing to do with the mortgages and they are not bonds. Hat tip to "Summer Chione" This is a very good article that was written as an email. My compliments to the author. However, after additional analysis and reflection I think I have come to a different conclusion regarding identity theft by the banks. The securities that were sold were merely based...

Foreclosure News Daily update ⋅ October 13, 2020

More Details on VendorScape, CoreLogic and Black Knight by Neil Garfield Hat tip to "Summer chione" So it is apparent that the banks are responding to discoveries about how orders are transmitted to lawyers, "servicers", realtors etc.. While it is all the same playbook, they merely change the name of the characters. So internally the name VendorScape might still be used but externally, to the public, they are showing different names and even showing multiple names for the same "service". But...

FRAUD STOPPERS Foreclosure News Daily update ⋅ October 10, 2020

Post Judgment Assignments Continue to Baffle Homeowners and Foreclosure Defense Lawyers   Posted on December 4, 2019 by Neil Garfield Charles Koppa in San Diego was the first person  to point out to me that the activities after even a nonjudicial sale told the real story about the what was going on. That was back in 2008. Lately I have been getting questions relating to post-sale or post judgment activities. There is a doctrine that says that upon judgment in a judicial state or upon sale...

OPEN LETTER TO PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES REGARDING MORTGAGE FRAUD & FORECLOSURE FRAUD

OPEN LETTER TO PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES REGARDING MORTGAGE FRAUD & FORECLOSURE FRAUD   OPEN LETTER TO PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES Donald J. Trump, Republican Party nominee for President of the United States Mike Pence, Republican Party nominee for Vice- President of the United States Joe Biden, Democratic Party nominee for President of the United States Kamala Harris, Democratic Party nominee for Vice- President of the United States Dr. Jo...

FRAUD STOPPERS Foreclosure News Daily update ⋅ October 6, 2020

FRAUD STOPPERS is the #1 company providing Foreclosure News, Mortgage Fraud Investigations, Court Ready Documents, Short Sales, Loan Modifications, Mortgage Refinance, Attorneys, Credit Repair, Bankruptcy, and much more!   Bankers Confess to Supreme Court They Deliberately Destroyed Wet Ink Signature Notes Banks Destroy Mortgage Notes The reason "many firms file lost note counts as a standard alternative pleading in the complaint" is because the physical document was deliberately eliminated to...

Stop Foreclosure & Mortgage Fraud News Daily Update ⋅ October 5, 2020

Save time & money stopping foreclosure & mortgage fraud with FRAUD STOPPERS Mortgage Fraud Audits & Affidavits, Expert Witness Testimony, Legal Education, Pro Se Paralegal Support, Loan Modifications, Bankruptcy, Attorney Networks, Credit Repair, Short Sales, Refinance, Work at Home Income Opportunities, and much more. Be Careful About What You say in “Hardship Letter” Careful what you say in “Hardship Letter” Posted by Neil Garfield Modifications are tricky. They are trickier than...

FRAUD STOPPERS Foreclosure News Daily update ⋅ October 4, 2020

Stop Foreclosure & Mortgage Fraud Sue for Mortgage Fraud  Get the FACTS & EVIDENCE you need to save your piece of the American Dream  Overturn the tables on the money-changers and make them pay you to go away!NEW AUCTION RULES FOR THE NINTH JUDICIAL DISTRICT EFFECTIVE OCTOBER 15, 2020 GENERAL FORECLOSURES The foreclosure rules currently in place will remain in effect. Please note the following rules with respect to auctions. These new auction rules shall be attached to all Judgments of...

Foreclosure News Daily update ⋅ October 2, 2020

Save your house from foreclosure and sue the banks for mortgage fraud with FRAUD STOPPERS PMA Boilerplate Answers to Discovery Won’t Cut It. If Plaintiff does it, they lose the claim. If Defendant does it, they lose the defense. Posted by Neil Garfield I have been writing, lecturing, and just saying the same thing since 2006. Homeowners don't need to prove anything. The objective in Foreclosure Defense is to prevent the claimant from pursuing their claim. If you are not willing to do all the...

Foreclosure & Mortgage Fraud News Daily update ⋅ October 1, 2020

Thousands of Homeowners Win Against the Banks: Here is Why You Never Hear About It By Neil Garfield You made all that revenue possible by signing a note and mortgage in favor of someone who was not lending you any money. Nobody told you about that. And nobody told you that you were not entering a transaction in which there was a lender and borrower. There was only a borrower. The simple fact is that the banks are breaking the law every time they attempt to administer, collect or enforce a...

Stop Foreclosure News Daily Update ⋅ September 30, 2020

FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 30, 2020   STOP FORECLOSURE NEWS Brooklyn developer duo hit with foreclosure lawsuit The Real Deal Brooklyn developers Joseph Brunner and Abe Mandel are caught in a foreclosure lawsuit involving close to $20 million in mortgages for a Bushwick ...       Midtown retail property poised for foreclosure Crain's New York Business Harbor Group International could be headed toward foreclosure for its Midtown retail space...

Foreclosure News Daily Update ⋅ September 29, 2020

FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 29, 2020 FORECLOSURE NEWS NOTICE OF FORECLOSURE Tax Map No: 076A3 (08) 102 Coalfield.com NOTICE OF DEFAULT AND FORECLOSURE SALE, made this 8th day of September, 2020, by Trevor B. Reid, Foreclosure Commissioner, grantee for ...       Claims narrowed in foreclosure suit Virginia Lawyers Weekly A homeowner alleging various claims against financial institutions arising out of the foreclosure of her home failed to have the...

Foreclosure News Update September 27, 2020

FRAUD STOPPERS PMA Foreclosure Defense & Mortgage Fraud Litigation Products and Services. Save Money on Legal Documents, Mortgage Fraud Audits, and Turnkey Quiet Title and Wrongful Foreclosure Packages, and a Whole Lot More! FRAUD STOPPERS PMA is the #1 Company for Hybrid Legal Foreclosure Services. Stop foreclosure and sue the bank for mortgage fraud, quiet title, or wrongful foreclosure.  FRAUD STOPPERS has a proven way to help you save time and money, and increase your odds of success,...

Stop Foreclosure News September 25, 2020

Stop Foreclosure News September 25, 2020 ATTENTION: you may be eligible for financial compensation for mortgage fraud, clear and free title to your home, or both! Take action right now before your options for compensation end. Register for a FREE MORTGAGE FRAUD ANALYSIS FRAUD STOPPERS is the #1 company providing Foreclosure News, Stop Foreclosure, Mortgage Fraud, Wrongful Foreclosure, Quiet Title, Short Sales, Loan Mods, Refinance, Attorneys, Credit Repair, Bankruptcy documents, and more! Save...

FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 23, 2020

ATTENTION: you may be eligible for financial compensation for mortgage fraud, clear and free title to your home, or both! Take action before your options for compensation end. Register for a FREE MORTGAGE FRAUD ANALYSIS FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 23, 2020 FORECLOSURE NEWS Foreclosure Basics: How It Works And What To Do To Keep Your House Forbes One of the worst things borrowers facing foreclosure can do is ignore their lender. “Mortgage lenders are usually willing...

FRAUD STOPPERS Foreclosure News Daily update ⋅ September 22, 2020

FRAUD STOPPERS Foreclosure News and Updates ATTENTION: you may be eligible for financial compensation for mortgage fraud, clear and free title to your home, or both! Take action right now before your options for compensation end. Register for a FREE MORTGAGE FRAUD ANALYSIS FRAUD STOPPERS is the #1 company providing Foreclosure News, Stop Foreclosure, Mortgage Fraud, Wrongful Foreclosure, Quiet Title, Short Sales, Loan Mods, Refinance, Attorneys, Credit Repair, Bankruptcy documents, and more!...

FRAUD STOPPERS Foreclosure News Daily update ⋅ September 19, 2020  

FRAUD STOPPERS FORECLOSURE NEWS FRAUD STOPPERS is the #1 company providing Foreclosure News, Stop Foreclosure, Mortgage Fraud, Wrongful Foreclosure, Quiet Title, Short Sales, Loan Mods, Refinance, Attorneys, Credit Repair, Bankruptcy documents, and more! Save time & money stopping foreclosure & mortgage fraud with FRAUD STOPPERS Mortgage Fraud Audits & Affidavits, Expert Witness Testimony, Legal Education, Pro Se Paralegal Support, Loan Modifications, Bankruptcy, Attorney Networks,...

Foreclosure News September 18, 2020

Foreclosure News FRAUD STOPPERS is the #1 company providing Foreclosure News, Stop Foreclosure, Mortgage Fraud, Wrongful Foreclosure, Quiet Title, Short Sales, Loan Mods, Refinance, Attorneys, Credit Repair, Bankruptcy documents, and more! Save time & money stopping foreclosure & mortgage fraud with FRAUD STOPPERS Mortgage Fraud Audits & Affidavits, Expert Witness Testimony, Legal Education, Pro Se Paralegal Support, Loan Modifications, Bankruptcy, Attorney Networks, Credit Repair,...

Foreclosure News Daily Update ⋅ September 15, 2020

Foreclosure News Daily Update ⋅ September 15, 2020   FRAUD STOPPERS is a National Private Members Association that provides Foreclosure News and Cutting Edge Mortgage Fraud & Foreclosure Litigation Support Products & Services to Law Firms, Foreclosure Defense Advocacy Groups, and Pro Se Litigants fighting foreclosure and mortgage fraud     Foreclosure News Daily Update ⋅ September 15, 2020       Florida foreclosure filings trend up as some fear a fall wave awaits The Center...

How To Determine Who Has Standing to Foreclose When You Have Multiple Plaintiffs in a Foreclosure Case

How To Determine Who Has Standing to Foreclose When You Have Multiple Plaintiffs in a Foreclosure Case Who Has Standing to Foreclose? Due to the improper negotiation, transfer, and delivery of the mortgage loan contract throughout the securitization process foreclosure mills and mortgage loan services routinely do not represent the true holder of the note in due course with rights to enforce. If you want to uncover who the real wizard behind the curtain is (the real party of interest regarding...

Supreme Court affirms Eight Circuit decision on Article III standing

Supreme Court affirms Eight Circuit decision on Article III standing Class Action Litigation Newsletter Summer 2020: US Supreme Court Monday, August 10, 2020 https://www.natlawreview.com/article/class-action-litigation-newsletter-summer-2020-us-supreme-court  Thole et al. v. U.S. Bank N.A. et al., 140 S. Ct. 1615 (2020) Supreme Court affirms Eight Circuit decision on Article III standing, highlighting how a plaintiff must establish a concrete injury to file suit and...

California courts lift eviction and foreclosure moratorium

California courts lift eviction and foreclosure moratorium leaving more than 365,000 CA households at risk of eviction and homelessness.   The Judicial Council of California voted 19-1 on Thursday to lift its moratorium on most evictions and foreclosures. "The judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic," Chief Justice Cantil-Sakauye said in a statement. Earlier, state lawmakers...

How to Analyze A Purported Assignment of Mortgage or Promissory Note

How to Analyze A Purported Assignment of Mortgage or Promissory Note by Neil Garfield   The execution of any document does not by itself create a legal event. First, the document is only valid if it memorializes an actual event.   Second, the document is only valid if it complies with the facial requirements set forth by applicable statutes. Third, the document is only legally valid if it complies with the substantive requirements of applicable statutes....

Gary Dubin, Esq. Scores Another Foreclosure Victory for Homeowners in Hawaii in Notorious LSF9 Case

Gary Dubin, Esq. Scores Another Foreclosure Victory for Homeowners in Hawaii in Notorious LSF9 Case New post on Livinglies's Weblog by Neil Garfield More kudos to Gary Dubin who keeps producing favorable decisions for homeowners. This ruling is important for a variety of reasons. This time it is all about the rules of evidence and legals tanding to even bring the claim. see US-Bank-LSF9-v-Verhagen-7-20-20 The first reason is that it presents a court of appeal that...

How to Use Experts to Win Your Foreclosure Case

How to Use Experts to Win Your Foreclosure Case The first thing you need to know is that the banks will never bring their own expert to contradict your expert. The second thing you need to know is that the use of an expert is complicated if you really want to achieve victory. People often request now that I provide expert testimony. The main reason they ask is that they think that if I say under oath that securitization is a scam, the court will then rule against the...

How to Challenge the Alleged Sale of your Mortgage Loan Debt to a Third-Party Debt Collector to Fight Foreclosure using the Uniform Commercial Code (UCC)

How to Challenge the Alleged Sale of your Mortgage Loan Debt to a Third-Party Debt Collector to Fight Foreclosure using the Uniform Commercial Code (UCC)   Under the laws of all states that adopted Article 9 §203 of the Uniform Commercial Code (all 50 states) a condition precedent to enforcement of the mortgage is that the claimant must have paid value for the debt. Such payment is often presumed from the apparent facial validity of (a) the original loan...

Mortgage Loan Default is NOT a Real Default Unless Someone Owns Your Debt and Can Prove Financial Loss

Mortgage Loan Default is NOT a Real Default Unless Someone Owns Your Debt and Can Prove Financial Loss It’s Not a Default If You Stop Paying — Unless Someone owns Your Debt and Can Prove Financial Loss by Neil Garfield posted 07/27/2020 NOTE: BE AWARE THAT WELLS FARGO AND OTHERS MAY HAVE PUT YOUR TRANSACTION IN A FORBEARANCE PROGRAM WITH UNKNOWN TERMS. I think that the banks have unfairly benefited from assumptions regarding the connection between the cessation of...

BBB Scam Alert: Foreclosure Rescue Scams

BBB Scam Alert: Foreclosure Rescue Scams By Better Business Bureau. July 16, 2020. Are you facing the threat of losing your home? Be wary of individuals and companies offering to "help" you out of your difficult financial situation. Consumer advocates report an increase in complaints about foreclosure "rescue" scams. These scams specifically target homeowners who are in financial distress. Scam operators may advertise over the Internet and in local publications, plaster posters on telephone...

Foreclosure Sale Under the UCC During COVID-19

FRAUD STOPPERS PMA is the #1 Company for Hybrid Legal Services. Stop foreclosure. Save Your Home. Sue the Bank. Sue for quiet title or wrongful foreclosure. Loan modifications, short sales, bankruptcy, credit repair, Bloomberg Mortgage Fraud Securitization Audits, Expert Witness Affidavits & Testimony, Legal Education, Nationwide Attorney Network & Pro Se Paralegal Support... Register now for a FREE Mortgage Fraud Analysis & Confidential Consultation Call by CLICKING HERE ...

Foreclosures on the rise but mortgage lenders still not helping homeowners 

Foreclosures on the rise but mortgage lenders still not helping homeowners   How Banks Can Avoid a Repeat of the 2008 Foreclosure Crisis by Michael Olenick July 09, 2020 U.S. homeowners are struggling to stay on top of their mortgages — and the problem is likely to get worse. According to real-estate data firm Black Knight, 4.6 million American homeowners were in some type of non-repayment as of June 16, representing 8.7% of all mortgages. If precedent is anything to go by, in many cases...

Wells Fargo Bank N.A as Trustee v. John L. Reed

Wells Fargo Bank N.A as Trustee v. John L. Reed Barclays Bank PLC Plaintiffs Error #4 Bill of Sale shows $1,214,208,.30 Download and read entire PDF 1_16_09_Amended_Motion_to_Vacate_a_Void        

FAQ Pertaining to Governor’s Executive Order Related to Pennsylvania Evictions and Foreclosures

1. When can I start foreclosure under these 4 scenarios:A. No Act 91 or Act 6 notice has yet been sent. Do I wait until Sept. 1 to send it?Yes, and, even if a notice is sent prior and the debtor rceived it, it will be deemed to have been sent Sept. 1, 2020.B. An Act 91 or Act 6 was sent prior to the first Order dated May 11, but the 30th day is after May 11, 2020.So I can start foreclosure September 1?No, the remaining time is added to the Sept. 1, 2020 date, thus if a notice still...

How long does the foreclosure process take in my State?

How long does foreclosure take in my State?  Home foreclosures can take a few months to a few years depending on your state laws and what actions you take to stop the banks from illegally foreclosing on your home. Every three months, more than 250,000 American homes go into foreclosure, according to the Mortgage Bankers Association.However, not all states have the same foreclosures process or timeline. In fact, some states may be more lenient to homeowners or the agency that issued...

Beyond Show Me the Note is Show Me the True Holder of the Note with Rights to Enforce 

Beyond Show Me the Note is Show Me the True Holder of the Note with Rights to Enforce  How to Use the Business Records Exception to Hearsay Rule to Keep Out “Servicer” Records in Foreclosure Cases Posted on July 2, 2020 by Neil Garfield Fundamentally you must understand that the investment banks want you and everyone else to look only at the payments history — not the debt, who owns it and whether anyone suffered a loss resulting from any lack of payment by the homeowner. Their strategy is to...

MORTGAGE ASSIGNMENTS AS EVIDENCE OF FRAUD

MORTGAGE ASSIGNMENTS AS EVIDENCE OF FRAUD Lynn Szymoniak, Esq., Editor, Fraud Digest, szymoniak@mac.com In the past ten years, hundreds of thousands of residential mortgages were bundled together (often in groups of about 5,000 mortgages), and investors were offered the opportunity to buy shares of each bundle. This process is called securitization. Each such bundle of residential mortgages was given a name, such as "Soundview Home Loan Trust 2006 OPT-2." The name...

The Hidden Costs of Homeownership

The Hidden Costs of Homeownership   Mortgage interest rates have dropped precipitously and that puts homeownership within reach for more people than ever before.   But before you jump at the substantial opportunity the real estate and financial markets may present you with right now, take a step back and consider all the costs of homeownership. There are many expenses—some one-time and others ongoing—to take into account when figuring your homebuying budget....

Confidential Wells Fargo Home Mortgage Foreclosure Attorney Procedure Manual

Confidential Wells Fargo Home Mortgage Foreclosure Attorney Procedure Manual 

7 Best Homeowners Insurance Companies of 2020

7 Best Homeowners Insurance Companies of 2020 INSURANCE 7 Best Homeowners Insurance Companies of 2020 UPDATED: MAY 11, 2020 10:23 AM ET | ORIGINALLY PUBLISHED: JANUARY 27, 2020 The average American homeowner spends more than $1,200 a year on homeowners insurance. That’s about $100 a month, year after year, for a product most of us will never use. It makes sense to find the lowest rates possible. But get this: The average homeowners insurance claim pays about $16,000 to...

Making an Offer on a House? 11 Strategies to Win

Making an Offer on a House? 11 Strategies to Win June 24, 2020 by Emily Huddleston Share on facebook Share on twitter Share on linkedin Share on pinterest So you’ve found your dream house and you’re ready to make an offer, but how do you make sure your offer stands out among all the others? How do you make your offer more appealing? Whether you’re dealing with a competitive housing market or a cautious seller, getting your offer accepted requires creativity, compromise, and a strong strategy....

Former Mortgage Company President Ronald J. McCord Indicted in multimillion-Dollar Fannie Mae Mortgage Fraud

Former Mortgage Company President Ronald J. McCord Indicted in multimillion-Dollar Fannie Mae Mortgage Fraud A former mortgage company president has been charged with 24 counts of financial fraud in a multimillion-dollar mortgage swindle, according to the Justice Department.Ronald J. McCord, former president of Oklahoma-based First Mortgage Company (FMC), has been accused of scamming Fannie Mae, two Oklahoma banks, and others, according to Timothy J. Downing, US attorney for the...

Wisconsin Foreclosure Defense Attorney & Whistle-Blower Wendy Nora Exposes Forged Documents used in Illegal Foreclosures Nationwide

Wisconsin Foreclosure Defense Attorney & Whistle-Blower Wendy Nora Exposes Forged Documents used in Illegal Foreclosures Nationwide Posted on June 5, 2020 by Neil Garfield Dear Attorney General Kaul, * My name is Wendy Alison Nora. I am writing to you with a copy of this email to the Administrator and Deputy Administrator of the Wisconsin Division of Criminal Investigations (DCI) in a continuing effort to report ongoing statewide crimes under Wis. Stat. sec....

Ineffective Lawyers Lose Foreclosure Lawsuits

According to Neil Garfield Lawyers Lose Foreclosure Lawsuits.... This will probably get me in plenty of hot water with lawyers. Homeowners should be winning foreclosures most of the time. The reason they don’t? — Ineffective Counsel. Posted on April 24, 2020 by Neil Garfield Well I am rapidly coming to the conclusion that the primary basis for appeal in capital murder cases — ineffective counsel — is the real reason why homeowners think that the courts are ignoring the obvious. This is most...

Carrington Forced to Pay Garland Texas Woman $755,000 in Foreclosure Fraud Lawsuit

Carrington Forced to Pay Garland Texas Woman $755,000 in Foreclosure Fraud Lawsuit Jury awards Garland woman $755,000 in lawsuit alleging foreclosure fraudAuthor: Teresa WoodardShe purchased her home in 2001, and paid on it for 14 years, but began to fall behind in 2015 and the home fell into foreclosure. Days after the foreclosure notice went public, someone knocked at her door, and offered to help sell her home.Dallas — Angelica Garcia is an immigrant from Honduras, a widow, and...

Illegal Foreclosures and Eviction Amid COVID-19 Foreclosure and Eviction Moratoriums

Illegal Foreclosures Amid COVID-19 Foreclosure and Eviction Moratoriums Although several State Governors have issued temporary moratoriums on foreclosures and evictions, banks and loan servicers are still committing illegal foreclosures and evictions using fraudulent foreclosure and mortgage loan documents and faulty assignments of mortgages. If you are an American homeowner you have a duty and responsibility to defend the title of your property against faulty liens and...

How You Can Weaponize Mediation Process

How Homeowners Can Weaponize Mediation Processby Neil GarfieldIn the 9th Circuit Court in and for Orange County, Florida the following administrative order has been issued:see 2012-06-03-Amended-Residential-Foreclosure-Mediation-Procedures-Orange-County The order requires mediation wherever possible. It is similar to many administrative orders issued throughout the country and its terms closely mirror most individual orders issued by judges in individual cases.The first thing about...

Coronavirus (COVID-19) Mortgage Elimination Program

The Time to Act is Right Now. You Can Benefit from the Current Coronavirus Outbreak Eliminate Your Mortgage using Current Federal Law!   The timing has never been better to stop foreclosure and put your mortgage lender or loan servicer in default and set yourself up for a major windfall. Mortgage Lenders and Loan Servicers cannot respond in time to the TILA Rescission Letters and Federal Debt Validation Letters homeowners all over the country are submitting due to the lack of...

Deutsche Bank National Trust Company Does NOT Legally Exist as Trustee for Borrower Loans

Deutsche Bank National Trust Company Does NOT Legally Exist as Trustee for Borrower Loans Deutsche Bank National Trust Company Legally Exists as a Company, But Not as Trustee for Borrower Loans Posted on March 10, 2020 by Neil Garfield Several readers have sent me information regarding DBNTC and pointed out that I had misstated the status of DBNTC in past articles. I think they were at least partially right. Thanks to all the readers who sent in comments and...

Quiet Title is Not as Easy as It Sounds, But It Could Lead to Successful Strategies and Tactics

Quiet Title is Not as Easy as It Sounds, But It Could Lead to Successful Strategies and Tactics Posted on February 18, 2020 by Neil Garfield The failures to disclose material facts providing the real context of the “loans” deprived borrowers of choice between lenders and deprived them of the opportunity of bargaining for terms that were based upon the economic reality — that the main point of the loan origination was not the loan but rather the sale of unregistered...

Has Your Fannie Mae Mortgage Been Sold to Private Investors? 

Has Your Fannie Mae Mortgage Been Sold to Private Investors?    You can get a trial ready Chain of Title Investigation and Expert Witness Affidavit to prove who the real holder of the note is, and is not, by clicking here   Quoting Neil Garfield: There is a shroud of mystery around the entire role of the FHA. Its purpose is to guarantee loans, which was expanded to buy loans. It was never a lender. But the process of buying loans was just as complicated as everything else...

FDCPA Claims and Statute of Limitations for Foreclosure Defense

JOIN FRAUD STOPPERS PMA TODAY AND GET A FREE FEDERAL FDCPA LAWSUIT and SAVE YOUR HOME FROM FORECLOSURE.... For details click here   FDCPA Claims Might Not Be Barred By Statute of Limitations by Neil Garfield Here is a powerful argument that SCOTUS acknowledged: nobody should benefit from their own fraudulent conduct. The FDCPA has a one year statute of limitations. And people have tried to litigate on the premise that the one year should run from the date of...

Mortgage Loan Servicers Tricking Homeowners into Renewing Statue of Limitations on Mortgage Debts to Illegal Foreclose on Homes

Mortgage Loan Servicers Tricking Homeowners into Renewing Statue of Limitations on Mortgage Debts to Illegal Foreclose on Homes   Collection Letters Can Renew Statute of Limitations by Neil Garfield The courts had previously protected borrowers as much as possible. Now there is a distinct trend in which even claims barred by SOL can be renewed and energized. For homeowners facing foreclosure they may be waiving a very powerful defense: statute of limitations. They...

Banks are using “settlement” as a means to fill title gaps. Don’t fall for it.

Banks are using “settlement” as a means to fill title gaps. Don’t fall for it. Posted on December 18, 2019 by Neil Garfield So what the bank lawyers are trying to do is put us to sleep with the legalese wording and essentially appear to be saying one thing when in fact they are saying something completely different. “In relation to” is an admission that “we don’t own the loan and we don’t know who does, but from now on you agree to treat us as though we owned the loan...

Monette Saccameno v. U.S. Bank N.A., trustee and Ocwen Loan Servicing LLC 7th Circuit Affirms $582,000 Punitive Damages Against Ocwen

Monette Saccameno v. U.S. Bank N.A., trustee and Ocwen Loan Servicing LLC 7th Circuit Affirms $582,000 Punitive Damages Against Ocwen Posted on December 3, 2019 by Neil Garfield “We are not sure how many human errors a company like Ocwen gets before a jury can reasonably infer a conscious disregard of a person’s rights, but we are certain Ocwen passed it,” Circuit Judge Amy St. Eve wrote, joined by Circuit Judges William Bauer and Michael Brennan. [e.s.] Editorial Note:...

How Borrowers Could Make Money from Mortgages and Foreclosures

How Borrowers Could Make Money from Mortgages and Foreclosures Originally posted by: Neil Garfield   Take a step back and then look at this situation from a wider perspective.   Understand that the real deal was the issuance of multiple levels of securities made possible by investors putting up money and borrowers signing their name. The investors did not understand they were creating an improper "yield spread premium" between what they were...

How to Use The Burden of Proof in TILA Rescission to Save Your House from Foreclosure 

How to Use The Burden of Proof in TILA Rescission to Save Your House from Foreclosure    Originally posted by Neil Garfield      Another analysis just completed for a client: The situation is that the homeowner sent a notice of rescission under the TILA Rescission Statute 15 U.S.C. §1635 within days of having "consummated" the loan agreement. By statute that notice of rescission canceled the loan agreement and substituted in place of the loan agreement a statutory scheme...

AURORA LOAN SERVICING ADMITS TO FABRICATING ALLONGES & INDORSEMENT PAGES TO ILLEGAL FORECLOSE ON HOMES  

AURORA LOAN SERVICING ADMITS TO FABRICATING ALLONGES / INDORSEMENT PAGES TO ILLEGAL FORECLOSE ON HOMES   Originally posted by Neil Garfield https://livinglies.me/2019/09/24/about-that-original-note/ Edward Hyne, Nationstar’s Rule 30(b)(6) witness refers to the practice as “preparing indorsement pages”. This is a partial transcript of the deposition. The case was set for trial Monday October 22, 2018: BY MR. RILEY: Q What is your testimony about the Note, Mr. Hyne? A The...

Why You Should Always Challenge Loan Servicer’s Standing to Foreclose

Why You Should Always Challenge Loan Servicer's Standing to Foreclose   Don’t Admit Anything About the Servicers Either — It’s All a Lie Another Great Post by the King of Foreclosure Defense Neil Garfield   Homeowners often challenged the authority of the named claimant while skipping over the actual party who is supporting the claim — the alleged servicer. You might also want to challenge or at least question their authority to be a servicer. The fact that...

Improperly Named Trustee on Deed of Trust Can be Liable for Actions on Behalf of Non-Beneficary

Improperly Named Trustee on Deed of Trust Can be Liable for Actions on Behalf of Non-BeneficaryOriginally posted by Neil Garfield I have long expressed the belief that the courts had it all wrong when they, along with legislative attempts, decided that when parties are named as trustees they are not responsible for their actions. That is and was always nuts. In this case the question gets even more specific. As I have repeatedly stated over 14 years in articles published in...

HOW TO WIN YOUR FORECLOSURE LAWSUIT IF THE BANK STONEWALLS YOU DURING DISCOVERY

HOW TO WIN YOUR FORECLOSURE LAWSUIT IF THE BANK STONEWALLS YOU DURING DISCOVERYOriginally posted by Neil GarfieldSo a recent question from an old client mirrored the requests from many lawyers and pro se litiangats about the discovery process. My answer is summarized in the following response to that question.FRAUD STOPPERS PMA is the #1 Company for Hybrid Legal Foreclosure ServicesWhat you are really asking is how and when can you use the non-response to Discovery as a way of...

Martin Act Threatens Banks Securitization Scheme

Martin Act Threatens Banks Securitization Scheme Originally reported by Neil Garfield   While most people didn’t notice, all of Wall Street took notice when the New York Governor signed into law a bill that extends the right of the state attorney general to investigate financial crimes and bring actions for equitable relief and damages. Investment  bankers may not be going to jail but they are about to be taken to the cleaners for creating illegal securitization...

Admission of False Affidavits and False Chains of Title

Consent Order Contains Admission of False Affidavits and False Chains of Title Posted on August 26, 2019 by Neil Garfield A lot of student loan debt ends up being claimed by “Trusts” that are exactly like REMIC trusts except they are not about residential mortgages. And as I have previously pointed out on these pages, the enforcement of those debts has gone through the same process of removing the risk of loss from those who made the loan and the creation of a scheme...

JUDGE RULES BORROWERS HAVE STANDING TO CHALLENGE ASSIGNMENTS

FEDERAL JUDGE RULES BORROWERS HAS STANDING TO CHALLENGE ASSIGNMENT AND ALSO AS TO BANK’S FAILURE OF PROOF The entire Opinion, which we have already discussed, is set forth below. Mr. Barnes represents the Gerbers and prepared all of the briefing on this matter for the Gerbers: Case 1:17-cv-01466-CCC Document 59 Filed 03/21/19 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA U.S. BANK NATIONAL : CIVIL ACTION NO. 1:17-CV-1466...

Uniform Commercial Code Article 9 §203 and the Holder in Due Course

Uniform Commercial Code Article 9 §203 and the Holder in Due Course Regarding the holder in due course and foreclosure defense, according to Neil Garfield he states: I have recently found it helpful to point out the difference between enforcement of a note and enforcement of a mortgage. All 50 states have adopted Article 9 §203 UCC which states that a condition precedent to enforcement of a mortgage is that the party who initiates the foreclosure action must be the owner of the...

Arkansas Foreclosure Law Firm Admits to the Absence of any Mortgagee in Court Documents

Arkansas Foreclosure Law Firm, Mickel Law Firm, Admits to the Absence of any Mortgagee in Court Documents   Attorney-In-Fact-For-An-Absent-Mortgagee   Why would a lawyer go to court without a client? Answer: Because they are engaged in total fraud, and they don’t care who knows it. It doesn’t matter if the lawyers trying to foreclose on your property don’t work for any real party of interest, or even if there isn’t a real party of interest who has the legal...

Judge grants temporary restraining order against St. Louis County foreclosure mediation law

Judge grants temporary restraining order against St. Louis County foreclosure mediation law This article first appeared in the St. Louis Beacon, Sept. 27, 2012 - A St. Louis County judge issued a temporary restraining order against St. Louis County's foreclosure mediation program, effectively freezing the implementation of the initiative signed into law earlier this month. The initiative, which the St. Louis County Council passed in August, was supposed to go into...

Chase Laundered WAMU Loans Through Offshore Accounts with Fictitious Names

Chase Laundered WAMU Loans Through Offshore Accounts with Fictitious Names Here is what we know: Washington Mutual (WAMU) was in the business of originating loans  not lending money. WAMU sold every originated loan before, during or after loan origination. Its securities subsidiary ppcoletedd then profits and was liable for buy-backs which everyone knew could never be funded. This process resulted in the origination of of approximately $1 Trillion in mortgage loans. No assignments...

California Judge Rules for Borrower in Post-Sale Eviction Proceeding

California Judge Rules for Borrower in Post-Sale Eviction Proceeding Originally by Neil Garfield   This is the latest of a string of decisions from trial judges who took the time to carefully analyze the law and then facts. In this case the issue was whether the Plaintiff in a lawsuit for Unlawful Detainer could be awarded Summary Judgment simply because the sale had been recorded.   This decision, following the law in all jurisdictions, says that recording...

How to Use Article 9 §203 UCC Requiring Value Be Paid for Debt to Fight Wrongful Foreclosure

How to Use Article 9 §203 UCC Requiring Value Be Paid for Debt to Fight Wrongful Foreclosure by Neil Garfield What many lawyers continue to miss is that there is a difference between the laws entitling someone to enforce a note and the laws entitling someone to enforce a mortgage. There are different public policies behind each one. For Notes, the public policy is to encourage the free flow of negotiable instruments in the marketplace. For mortgages, the public policy is to make...

Federal Judge Slams Bayview and Attorneys on Illegal “Modification” Maneuvering

Federal Judge Slams Bayview and Attorneys on Illegal “Modification” Maneuvering Originally posted by Neil Garfield The Lesson here is that the denial of modification presents and important opportunity to challenge the practices, authority and viability of claims by parties who seek to collect, enforce or administer loans.  [This decision is dated 11/15/17. Check any future litigation or comparable decisions before using. ] The goal is foreclosure. There can be no doubt...

Calif. Supreme Court Allows Creditor Holding Senior and Junior Liens to Seek Deficiency on Sold-Out Second Lien

Calif. Supreme Court Allows Creditor Holding Senior and Junior Liens to Seek Deficiency Judgment on Sold-Out Second Lien Originally posted by Maurice Wutscher LLP June 26 2019 The Supreme Court of California recently held that the anti-deficiency statute in California Code of Civil Procedure § 580d did not bar a creditor holding two deeds of trust on the same property from recovering a deficiency judgment on the junior lien extinguished by a non-judicial foreclosure...

McDonough v Smith: U.S. Supreme Court Rules on Suing Banks for Fabrication of Evidence

McDonough v Smith: U.S. Supreme Court Rules on Suing Banks for Fabrication of Evidence Originally posted by Neil Garfield This decision is extremely important for 2 reasons. 1st, it reaffirms a right under federal law to bring an action for damages for fabrication of evidence. 2nd, and equally important, it establishes that the time to bring such a claim does not start until the conclusion of litigation, whether successful or unsuccessful. See U.S. Supreme Court...

Another View: At Wells Fargo, a tone-deaf response to shattered lives

Another View: At Wells Fargo, a tone-deaf response to shattered lives Originally posted at https://www.theintell.com/opinion/20190624/another-view-at-wells-fargo-tone-deaf-response-to-shattered-lives The next time you see a commercial declaring a new era at Wells Fargo, or the next time you hear a Wells Fargo executive touting a new culture, remember Stan and Melissa West. The Wests were among several families in a powerful report by The Charlotte Observer’s Deon Roberts that...

Illinois Court of Appeals Reveals Who Really Pays Foreclosure Mills

Illinois Court of Appeals Cracks Code of Silence on Who Pays Foreclosure Mills Posted on June 18, 2019 by Neil Garfield Illinois Court of Appeals Cracks Code of Silence on Who Pays Foreclosure Mills. The wording of the decision strongly suggests that whether the claimant is US Bank, Deutsch or BONY Mellon et al, the third party who is actually paying the lawyer must be disclosed — at least if the homeowner asks. Given the nature of the role that the alleged Trustee...

Veira v PennyMac and JPM Chase 4th DCA Rules PennyMac Lacks Standing to Foreclose

Veira v PennyMac and JPM Chase 4th DCA Rules PennyMac Lacks Standing to Foreclose  Posted on June 11, 2019 by Neil Garfield VIEIRA-v.-PENNYMAC-CORP-FindLaw Another case showing shifting attitudes toward illegal foreclosures. At the trial level there have been many such decisions, some with an expanded finding of fact showing that the foreclosure was a sham. On appeal, the courts were always looking for ways to sustain the foreclosure; they still do that but more and...

Meet the New Boss, U.S. Bank and Black Knight; Same as the Old Boss LPS

Meet the New Boss, U.S. Bank and Black Knight; Same as the Old Boss LPS   Lender Processing Systems (LPS) which owned DOCX the notorious robosigning mill featured in the 60 Minutes episode The Next Housing Shock has changed its name to Black Knight. Meet the new boss, same as the old boss. Evidence in recent mortgage fraud lawsuits and wrongful foreclosure lawsuits reveal that fabricated, forged and robosigned documents are still being used by LPS (aka: Black...

FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS AND THE CIRCUIT COURT RECORDS OSCEOLA COUNTY, FLORIDA

FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS AND THE CIRCUIT COURT RECORDS OSCEOLA COUNTY, FLORIDA PART 1 OF 2: SECTIONS 1 - 4 FORENSIC_EXAMINATION_OF_THE_REAL_PROPERT The  forensic  examination  of  the  real  property  records  of  Osceola  County,  Florida  was commissioned by Armando Ramirez, a duly elected public official with the title of Clerk of the Circuit Court of Osceola County, Florida. In all times and places within this report, the Clerk of the Circuit Court...

CFPB claims debt collection firm Forster & Garbus robo-sued thousands on behalf of Citibank, Discover, others

CFPB claims debt collection firm Forster & Garbus robo-sued thousands on behalf of Citibank, Discover, others Move over robo-signing… During the foreclosure crisis, a number of lenders, servicers, law firms, and others engaged in a practice where employees basically rubber-stamped thousands of foreclosure cases without reviewing any of the relevant details. That practice came to be known as robo-signing. Now, a new lawsuit from the Consumer Financial Protection...

BRIEF IN SUPPORT OF VOID JUDGMENTS

BRIEF IN SUPPORT OF VOID JUDGMENTS BRIEF_IN_SUPPORT_OF_VOID_JUDGMENTS Void judgments are those rendered by a court which lacked jurisdiction, either of the subject matter or the parties, Wahl v. Round Valley Bank 38 Ariz. 411, 300 P. 955 (1931); Tube City Mining & Milling Co. v. Otterson, 16 Ariz. 305, 146 P. 203 (1914); and Milliken v. Meyer, 311 U.S. 457, 61 S.Ct. 339, 85 L.Ed. 2d 278 (1940).   A void judgment which includes judgment entered by a court which lacks...

Once a Failed Remic, Never a Remic

Once a Failed Remic, Never a Remic Available  at: http://works.bepress.com/david_reiss/58 Once a Failed Remic, Never a Remic Bradley T. Borden David J. Reiss This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=2185420 Once_a_Failed_REMIC_Never_a_REMIC Forthcoming in the CAYMAN FINANCIAL REVIEW (http://www.compasscayman.com/cfr/)   Investors in mortgage-backed securities, built on the...

Whistle BLOWER from McCARTHY Holthus Admits FAKED Title

Whistle BLOWER from McCARTHY Holthus Admits FAKED Chain of Titles by Deadly ClearWilliam WAGENERPublished on May 3, 2019 "We never had original documents." They were told to create a fake chain of title. "Polly, admits she used to work for McCarthy - Holthus in San Diego, FABRICATING "Chains-of-Title" it appears, for years, before she read the case law, and realized she was just a cog in the machine robbing American Homeowners of their homes, on behalf of the company, & its...

New Jersey Gov. Phil Murphy Signs Legislative Package to Address New Jersey’s Foreclosure Crisis

New Jersey Gov. Phil Murphy Signs Legislative Package to Address New Jersey’s Foreclosure Crisis Gov. Phil Murphy today signed a bipartisan legislative package into law that will help New Jerseyans struggling with the state’s highest-in-the-nation foreclosure rate. The new laws will assist homeowners facing the prospect of foreclosure and pave the way for community revival by addressing blight. Many of the measures were recommended in a September 2018 report by the...

Wells Fargo has Been Using Fake and Forged Documents to Steal Homes

The Comptroller of the Currency of the United States of America (OCC) finds that Wells Fargo has been using fake and forged documents to steal homes and sets new requirements for Wells Fargo to continue   OCC_Goes_After_Wells_Fargo UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY COMPTROLLER OF THE CURRENCY )In the Matter of: )) AA-EC-11-19Wells Fargo Bank, N.A. )Sioux Falls, South Dakota ))) CONSENT ORDER The Comptroller of the Currency of the United States of...

New York launches its own CFPB Mortgage Fraud Department 

New York launches its own CFPB Mortgage Fraud Department   Following through on a pledge made more than a year ago, the New York Department of Financial Services is launching its own version of the Consumer Financial Protection Bureau, seeking to fill the consumer protection gaps that are beginning to appear as the Trump administration puts more of its stamp on the CFPB. Back in January 2018, Mick Mulvaney, then the acting director of the CFPB, told the bureau’s...

Jury awards Garland woman $755,000 in Carrington Real Estate Services lawsuit alleging foreclosure fraud 

Jury awards Garland woman $755,000 in Carrington Real Estate Services lawsuit alleging foreclosure fraud  She purchased her home in 2001, and paid on it for 14 years, but began to fall behind in 2015 and the home fell into foreclosure. Days after the foreclosure notice went public, someone knocked at her door, and offered to help sell her home.   Author: Teresa Woodard   Dallas — Angelica Garcia is an immigrant from Honduras, a widow, and mother of two. Her...

U.S. Bank, N.A. as Trustee Facing Sanctions In Miami

U.S. Bank, N.A. as Trustee Facing Sanctions In Miami Originally Posted by Neil Garfield at https://livinglies.me/2019/04/23/u-s-bank-facing-sanctions-in-miami/ “It’s unusual that we’re in this position, but it’s unusual that any bank would dare do what they’re doing and think they are above the law like this.” – Bruce Jacobs, Miami Foreclosure Defense Lawyer. Kudos to Jacobs for doing some real lawyering. It is all in the details. Just assume they don’t have the goods...

Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order

Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order.  Judge Beatrice Butchko's order floats the possibility of sanctions if the bank fails to produce discovery documents the judge ordered it to release in August 2018. Signed Order to Show Cause   [ccwr-pricing-table id="2"]   DON'T LET THE BANKS TRICK YOU! Get the FACTS & Evidence to win the legal remedy that you deserve today.         For information on foreclosure defense call...

Student Debt Getting Wiped Out by Fraudulent Claims of Securitization

NY Times: Student Debt Getting Wiped Out by Fraudulent Claims of Securitization Posted by Neil Garfield | July 18, 2017   So here is an example of why you need to send a DVL (Debt Validation Letter). It turns out that mainstream media and the court system are much more willing to get into bank fraud as to students than they were when it came to homeowners. The facts are the same. “Somewhere along the line” the debt was severed from any entity answering to the description of a...

Can I Get Sued Over a Court-Authorized Foreclosure?

Can I Get Sued Over a Court-Authorized Foreclosure? Monday, April 15, 2019 https://www.natlawreview.com/article/can-i-get-sued-over-court-authorized-foreclosure  If a Clerk of Court authorizes a foreclosure sale and the trustee sells the property, can a borrower or other aggrieved party later sue to nullify the foreclosure sale or recover damages caused by the foreclosure? In the recent case of Gray v. Fannie Mae, the North Carolina Court of Appeals said "no."  The...

CALIFORNIA 3rd THIRD APPELLATE DISTRICT WRONGFUL FORECLOSURE CASE: You Can Cancel the Assignment, Notice of Default, Notice of Sale and Reverse the Sale.

CALIFORNIA 3rd THIRD APPELLATE DISTRICT WRONGFUL FORECLOSURE CASE: You Can Cancel the Assignment, Notice of Default, Notice of Sale and Reverse the Sale. Posted on April 11, 2019 by Neil Garfield   This decision “Not for publication” takes one more step toward unravelling the false claims of securitization that resulted in millions of fake foreclosures over at least 15 years. The pure nonsense being peddled by Wall Street investment banks still remains as the underlying basis for...

NEW JERSEY LEADS THE COUNTRY IN FORECLOSURES

While New Jersey’s foreclosure rate is going down, it is still the highest in the nation. Real estate website Realty Trac says there are about 20,000 active cases which is comparable to the total prior to the financial crisis. The national rate of foreclosures is 1 in every 2,471 mortgages, while New Jersey’s rate is one in 1,006. The good news is that the foreclosure rate in the Garden State has dropped 24% since last year and there is a package of bipartisan bills...

The Obduskey Supreme Court Case and using the FDCPA to Stop Foreclosures in Non-Judicial States

The Obduskey Supreme Court Case and using the FDCPA to Stop Foreclosures in Non-Judicial States The Fair Debt Collection Practices Act (FDCPA) regulates the activities of “debt collectors,” but the confusing and convoluted statutory definition of the gateway term itself has led to both extensive litigation and contradicting circuit decisions. However, in a recent unanimous opinion, Obduskey v. McCarthy, 586 U.S. ___ (2019), the United States Supreme Court has attempted...

SCOTUS makes it harder for borrowers to fight foreclosures in non-judicial states

Supreme Court makes it harder for borrowers to fight foreclosures in non-judicial states   Posted on March 22, 2019 https://justiceleaguetaskforce.wordpress.com/2019/03/22/supreme-court-makes-it-harder-for-borrowers-to-fight-foreclosures-in-non-judicial-states/   Law firms, mortgage lenders and servicers were just awarded more protection in serving non-judicial foreclosures, according to a recent Supreme Court ruling. The ruling is a victory for the mortgage...

Citibank to pay $25 million for violating the Fair Housing Act

Citibank to pay $25 million for violating the Fair Housing Act Posted on March 20, 2019 https://justiceleaguetaskforce.wordpress.com/2019/03/20/citibank-to-pay-25-million-for-violating-the-fair-housing-act/ Here we go again… Citibank will pay out a fine of $25 million for violating the Fair Housing Act, the Office of the Comptroller of the Currency announced Tuesday. According to the OCC, an investigation showed that Citibank did not equally offer certain mortgage...

The League of Fraudulently Dispossessed Homeowners has a sealed lawsuit in Federal Court of Claims

The League of Fraudulently Dispossessed Homeowners has a sealed lawsuit in Federal Court of Claims    It has been assigned a DOJ commercial agent for Civil Justice, and Assistant Attorney General, a Director and an Assistant Director.  After months of back and forth arguments to try and kick us out, the 9th circuit court of appeals has issued an order for the United States of America to answer the complaint.  This was done based upon the merits of the complaint and the...

GOVERNMENT SHUTDOWN CAUSES A FORECLOSURE AND COULD CAUSE MORE

GOVERNMENT SHUTDOWN CAUSES A FORECLOSURE — AND COULD CAUSE MORE   Originally posted by David Dayen February 13 2019, 5:30 a.m.   Leong, 83, took out a reverse mortgage on her home in 2004, which gives seniors with equity in their home the opportunity to take money out and defer repayment until they die or resell the property. She used up the line of credit from the reverse mortgage long ago and receives no more money from the deal, but as with all reverse mortgages, she’s still...

Deutsch Bank Lies in Court

Posted on January 31, 2019 by Neil Garfield So here is an attorney asking the court to vacate a decision in which the homeowner won. The lawyer had already falsely represented the status of Deutsch, the existence of a  trust and any implied transaction by which Deutsch or a trust took an interest in the Burke mortgage. A mere glance at the procedure invoked by the attorney supposedly representing Deutsch Bank reveals the arrogance with which the lawyers present false cases based...

Massive data breach involving millions of mortgages just got worse

Original mortgage documents found on separate exposed server. The massive data breach involving more than 24 million mortgage and banking documents just got much, much worse as an investigation unearthed a separate unprotected server that provided access to some of the original documents to anyone who happened upon it online. The details of the expanded breach come again from TechCrunch, which has done yeoman’s work on exposing this incredible breach in mortgage and...

Increase in Dallas Fort Worth Texas Foreclosures 

According to new data there is a rise in Texas Foreclosures. Nationwide home foreclosure starts were at a 13-year low in 2018. But in North Texas home foreclosure filings inched up after seven straight years of declines, according to a new report by Attom Data Solutions. In 2018, foreclosure actions were started on 7,295 D-FW area homes — up 4 percent from 2017 levels, Attom Data Solutions found. Still, the number of actual homes sold at foreclosure in North Texas declined since...

New York City Foreclosures Hotspots

New York City Foreclosure Hotspots Originally Posted on Jan 13, 2019 NEW YORK — Some New York City neighborhoods were hotspots for foreclosures even as they grew less common last year, a recent report shows. The city saw 720 first-time home foreclosures in the last three months of 2018, down about 13.6 percent from 834 in the fourth quarter of 2017, says the Jan. 7 report from PropertyShark. The real estate website's report also includes a map showing how frequently...

Democrats move to protect federal workers from foreclosure

Democrats move to protect federal workers from foreclosure Democratic lawmakers have introduced legislation that would protect federal workers from foreclosures, evictions and loan defaults during a government shutdown. The Federal Employee Civil Relief Act was introduced in the House by Rep. Derek Kilmer (D-Wash.) and in the Senate by Sen. Brian Schatz (D-Hawaii), according to a report by Big Island Now. The shutdown, which began on Dec. 22, came when President Donald...

20 Points of TILA Rescission

20 Points of TILA Rescission: 9th Circuit Court Allows “Claim” for Rescission Under WA Statute of Limitations Originally posted by Neil Garfield 20180114 See bottom of page to get a FREE TILA Rescission Letter I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing continued to violate the law of the land...

Another Wells Fargo Computer Glitch Results in More Wrongful Foreclosures 

Another Wells Fargo Computer Glitch Results in More Wrongful Foreclosures By Chuong Nguyen — Posted on December 4, 2018 - 1:06PM Wells Fargo blamed a computer glitch for the second time this year that resulted in the bank mistakenly foreclosing on hundreds of homes over an eight-year period, CBS News reported. The software error applied to loan modification applications submitted between March 15, 2010, and April 30, 2018, according to Wells Fargo. In November, Wells Fargo admitted the error...

He Never Missed a Mortgage Payment But The Bank Still Foreclosed On His Home Anyway

He Never Missed a Mortgage Payment, But The Bank Still Foreclosed On His Home Anyway Homeowners say they're being preyed upon by mortgage industry and mortgage loan servicers committing mortgage and foreclosure fraud resulting in wrongful foreclosure cases, from coast to coast and sea to shining sea. If you have an active Chase mortgage foreclosure or other foreclosure issue, read the story below, and take actions to save your home from foreclosure. Author: David Hammer...

Goldman Sachs $5,000,000,000 Securitization Lawsuit Settlement 

Goldman Sachs $5,000,000,000 Securitization Lawsuit Settlement  Discover if your mortgage loan was securitized by Goldman Sachs and therefore eligible to the $1,800,000,000 securitization lawsuit settlement available for Homeowners and Borrowers in the Form of Principal Reduction and/or Financial Fraud Claim Damages. Goldman Sachs has agreed to pay $5,060,000,000 to resolve civil claims related to the firm’s securitization, underwriting and sale of residential mortgage-backed...

Zombie Property

Zombie Property Survival Guide   Editor's note: this story previously appeared in the October issue of DS News, available to read in full online.In popular movies and TV shows such as The Walking Dead, the zombie has become a go-to favorite when it comes to both monsters and metaphors. There’s something inherently terrifying about the thought of something acting solely on instinct, a thing that’s hard to kill, doesn’t feel pain, and will just keep coming. The housing industry...

The Ripple Effect of Foreclosures

The Ripple Effect of Foreclosures A report by Zillow explains how the effects of the Great Recession were not just twofold but deeply profound—and also reveals how the crisis served to benefit those who bought foreclosed homes during that time. According to the report, nearly half (45.4 percent) of all homes foreclosed in the wake of the subprime mortgage crisis were valued in the lowest third of the U.S. housing market, contrasted with just 16.9 percent of homes valued...

PUBLIC LEGAL EDUCATION: liberty without justice is a joke

PUBLIC LEGAL EDUCATION: liberty without justice is a joke. As you who have already got the #1 Pro Se Legal Education Course helping everyday people learn how to win in court since 1997 (How to Win in Court) already know, liberty without justice is a joke. That's why we ask you especially today, as we start a new week seeing more and more violence and division on the news, to work with me to promote PUBLIC LEGAL EDUCATION ... the only hope we have to give the means of...

Wells Fargo foreclosed on homeowners who  had a chance to keep their homes

Wells Fargo foreclosed on homeowners who  had a chance to keep their homes Wells Fargo & Co. foreclosed on 400 homeowners after improperly denying them loan modifications that could have allowed them to stay in their homes, the bank said in a regulatory filing Friday. From 2010 to 2015, amid the recovery from the housing bust that caused millions of Americans to lose their homes, the bank made miscalculations when determining whether borrowers qualified for loan...

Supreme Court’s ‘BFP’ Holding Misapplied In Foreclosure Sale Conducted Under RPTL

Supreme Court’s ‘BFP’ Holding Misapplied In Foreclosure Sale Conducted Under RPTL After Ontario County sought foreclosure under New York’s Real Property Tax Law, appellants ­led Chapter 13 bankruptcy plans to pay arrears. Adversary proceedings sought to avoid their homes’ transfer as constructively fraudulent. The county sold the homes at auction. Although title is disputed, it is entitled to the surpluses on the homes, exceeding $42,000. District court reversed...

Default Judgment in Foreclosure Action Vacated as Not Willful; Meritorious Defense Noted

Default Judgment in Foreclosure Action Vacated as Not Willful; Meritorious Defense Noted Default Judgment in Foreclosure Action Vacated as Not Willful; Meritorious Defense Noted Plaintiff sought foreclosure on a property Freeway Group Inc. bought from the Espinosa defendants in 2013. Freeway, which manages the property’s three apartments, paid off the mortgages on the property, including that underlying plaintiff’s Feb. 2, 2017, foreclosure complaint. Despite purported...

Class Action Lawsuit Claims Ocwen Improperly Foreclosed On Mortgagees

Class Action Lawsuit Claims Ocwen Improperly Foreclosed On Mortgagees (July 25, 2018, 4:50 PM EDT) -- Ocwen Loan Servicing LLC has been filing foreclosure actions against its mortgagees before either applying or refunding unapplied funds on their accounts, according to a proposed class action made available Tuesday in Illinois state court. The lawsuit launched by Cook County resident Jose Parra claims a provision of the uniform covenants in their contracts with the...

Jury awards Garland woman $755,000 in lawsuit alleging foreclosure fraud

Jury awards Garland woman $755,000 in lawsuit alleging foreclosure fraud. She purchased her home in 2001, and paid on it for 14 years, but began to fall behind in 2015 and the home fell into foreclosure. Days after the foreclosure notice went public, someone knocked at her door, and offered to help sell her home. Author: Teresa Woodard Published: 6:33 PM CDT July 18, 2018 Updated: 7:50 PM CDT July 18, 2018 Dallas — Angelica Garcia is an immigrant from Honduras, a widow,...

Mortgage Fraud Banking Syndicate Challenged in Pennsylvania

Mortgage Fraud Banking Syndicate Challenged in Pennsylvania By Mark Anderson Monetary reformer Mickey Paoletta has cleared a key legal hurdle with the Pennsylvania Supreme Court in his effort to use a “King’s Bench” petition to beat mortgage fraud and mortgage fraudsters. The Pennsylvania Supreme Court on June 12 stamped the relevant documents and finally officially agreed to review a “King’s Bench” petition filed by a citizen under the auspices of noted monetary-reform...

The League of Fraudulently Dispossessed Homeowners Criminal Joinder

The League of Fraudulently Dispossessed Homeowners Criminal Joinder OMG we really did it. The League of Fraudulently Dispossessed Homeowners is fighting behind the scenes to put an end to the foreclosure madness and corruption plaguing our nation; and we finally have our CA courts in a vice grip with the Criminal Joinder that was filed. Last Wednesday a Criminal Joinder was filed at these courts to which allow people not only from California but from all across the nation. We...

Florida Appeals Court Ruled Lenders Can’t Claim Rents During Foreclosure

Florida Appeals Court Ruled Lenders Can't Claim Rents During Foreclosure By Carolina Bolado Law360 (June 27, 2018, 10:13 PM EDT) -- A Florida appeals court ruled Wednesday that a property owner who was not a party to the original mortgage does not have to hand over rents collected from the property to a lender during foreclosure proceedings. Florida’s Second District Court of Appeal reversed an order allowing lender Residential Credit Opportunities Trust to sequester rents...

Foreclosure Judges Taking Bribes from Banks to Illegally Foreclose on Homeowners?

Are Foreclosure Judges Taking Bribes from Banks to Illegally Foreclose on Homeowners? Investigative journalist Janet Phelan, author of the book Exile and expert on uncovering evidence of financial corruption infesting our courts, exposes how corrupt foreclosure judges may be taking bribes from mortgage lenders, loan servicers, and foreclosure attorneys and law firms to out-of-hand rule in favor for lenders seeking to Illegally foreclose on homeowners. If you are fighting foreclosure...

Prove Unlawful Foreclosure Statute Of Limitations and You Could Save Your Home From Foreclosure

Prove Unlawful Foreclosure Statute Of Limitations and You Could Save Your Home From Foreclosure Orginally posted June 22, 2018 at http://realtybiznews.com/prove-unlawful-foreclosure-statute-of-limitations-and-keep-your-home/98749036/ If a mortgage holder delays too long to bring a foreclosure action, the homeowner often may keep the foreclosure from happening — it all depends on what the state of residence says about the statute of limitations (SOL). A statue of limits starts the...

88-year-old Grandmother walks 1.2 miles to treasurer’s office to save her home from foreclosure 

88-year-old Grandmother walks 1.2 miles to treasurer's office to save her home from foreclosure  NILES — For several years, Berrien County Treasurer Bret Witkowski has been teaching residents the steps they can take to keep their homes out of foreclosure. 88-year-old Grandmother walks 1.2 miles to treasurer's office to save her home from foreclosure. Last week, 88-year-old Niles resident Mildred Gray took some steps on her own to meet with Witkowski and save her house...

The Notice of Default and Right To Cure

Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial (Foreclosure Workshop #16: Rebroadcast from July 17, 2016) This important broadcast, first exclusively airing on The Foreclosure Hour on July 17, 2016, is being repeated because homeowners are still largely under-using this powerful weapon against foreclosure, given the sloppiness and dishonesty of loan servicers,...

Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit  

Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit Fla 4th DCA Slams Door on “another Ditech loan” in foreclosure claims Posted on April 13, 2018 by Neil Garfield Spencer v Ditech involving Everhome Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit. We are seeing a paradigm shift reflecting changes in...

You Defeated Plaintiff’s Motion for Summary Judgment, But Do You Know The Ten Things You Need To Do Next?

You Defeated Plaintiff’s Motion for Summary Judgment, But Do You Know The Ten Things You Need To Do Next? Posted on April 8, 2018 Sunday, April 8, 2018 – 3 PM HST Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR Sundays: 3 pm (HST) Click HERE to listen. Homeowners in growing numbers lately, even pro se, have suddenly been defeating summary judgment in foreclosure proceedings or securing appellate reversals of prior summary judgments remanded for trial. As our...

Nuns’ pressure leads Wells Fargo to publish causes of ‘systemic lapses in governance’

Nuns’ pressure leads Wells Fargo to publish causes of ‘systemic lapses in governance’ A group of nuns and religiously-affiliated investors said Wells Fargo & Co. has agreed to publish a review that shows the root causes of the systemic lapses in governance and risk management that have led to ongoing controversies, litigation and fines. As a result of the company’s commitment, the Interfaith Center on Corporate Responsibility will withdraw a resolution filed for the...

Shellpoint Mortgage Servicing Wrongful Foreclosure Lawsuit to Stop Eviction 

Shellpoint Mortgage Servicing Wrongful Foreclosure Lawsuit to Stop Eviction  BERNARDSTON — As the auctioneers announced the sale of 73-year-old Bob McCollum’s home, his cat, Fluffy, came out for the action. The cat cozied up to the auctioneers. One of them crouched down to pet Fluffy, who had come down from the Shaw Road log cabin. As he pet McCollum’s cat, his fellow auctioneer announced a bid of $126,400 from the Bank of New York Mellon, which oversees McCollum’s loan on the...

Florida’s Third District Court of Appeals Decision Rejects Multiple Common Foreclosure Defenses

Florida’s Third District Court of Appeals Decision Rejects Multiple Common Foreclosure Defenses On February 7, 2018, Florida’s Third District Court of Appeal rejected multiple arguments routinely advanced by borrowers’ counsel in defense and delay of foreclosure litigation, reversed the trial court’s order dismissing the case, and remanded with instructions to enter a judgment of foreclosure. HSBC Bank USA, N.A. v. Joseph T. Buset, et al. Case No. 3D16-1382. The opinion offers...

Stop Foreclosure and Mortgage Fraud and Rescind Your Mortgage Loan Contract with a TILA Rescission Letter

Stop Foreclosure and Mortgage Fraud and Rescind Your Mortgage Loan Contract with a TILA Rescission Letter   Download a FREE TILA Rescission Letter here: TILA Rescission Letter   Guide to understanding TILA Rescission. By Neil Garfield If someone is giving you advice or analysis and they don't have a law degree and some experience practicing law, ignore them. READ THE STATUTE YOURSELF: 15 USC §1635. READ THE ONLY CASE THAT MATTERS: Jesinoski v Countrywide, decided by the...

Shellpoint Mortgage Servicing – Racketeering Still going on with “pretend lender/sesrvicers”

Shellpoint Mortgage Servicing - Racketeering Still going on with "pretend lender/sesrvicers" Have never heard back from them as they know they were a "pretend lender/serivcer" who forced me basically into a short sale with all the money I lost and not being able to fight back as I had to pay out more than $100,000 per year for the full time 24 hour care of my lovely dear sweet mom who passed away last year at the age of 95.There people were terrible from the start when...

Thousands in Arizona could get money from $45M settlement over bad foreclosure practices

Thousands in Arizona could get money from $45M settlement over bad foreclosure practices. More than 2,000 Arizona families are eligible for part of a $45 million settlement with PHH Mortgage Corp. for its handling of mortgage payments and foreclosure aid during the housing crash. Forty-eight states, including Arizona, reached a settlement with the New Jersey-based mortgage lender and servicer. The settlement was announced Wednesday. The deal resolves allegations that...

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