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 are meant to provoke a certain reaction and the banks have been successful at it — 96% of all homeowners served with foreclosure papers walk away from their biggest and maybe their only asset. Unlike myself, none of them worked on Wall Street in any capacity except writing for the investment banks. Unlike myself and the dozens of lawyers across the country that have defeated foreclosures, these “commentators” have no experience in law, trial work, forensic auditing or anything else. they serve only one master — the myth that are directed to propagate.
In effect, they are conveying the erroneous and false impression that lawyers like myself could not possibly have won cases in state and Federal courts because all we have is conjecture and no proof of our irrational “theories.” But our strategy is no theory. If someone is named as the claimant in a foreclosure case the law requires them to have paid value for the underlying obligation. If they haven’t paid value they fail (i.e., they don’t get the foreclosure order or sale) for two reasons — (1) non compliance with condition precedent in Article 9 §203 UCC and (2) noncompliance with constitutional requirement that only injured people can bring claim for relief.
These shills post comments on this blog and social media to drive consumers away from their only path to relief from illegal, wrong, immoral foreclosures.
Mostly I ignore them. Most of them, like Bob G below, have no credentials in finance, law, accounting or lending. I, on the other hand, have extensive (50 years) academic degrees with highest honors in securities, accounting and law along with licensing in securities trading and analysis. See my bio. I also am a real live licensed attorney (43+ years) who has won most of the foreclosure cases referred to me and I have extensive experience representing both lenders and borrowers since 1977.
The latest bit of pure silliness comes from Bob G, who, writing for the banks, says
The trustee doesn’t have to buy anything. [EDITOR’S NOTE: TRUE BUT THE TRUSTEE MUST RECEIVE SOMETHING THAT HAS A LEGALLY RECOGNIZED VALUE FROM SOMEONE WHO BOUGHT THE ASSET, IN THIS CASE A LOAN]. Only needs to have the beneficiary convey property to the trustee that the conveyor had a legal interest in. [EDITOR’S NOTE: NONSENSE. BENEFICIARIES ARE THE RECIPIENT OF AN INTEREST IN THE ASSET THAT WAS ENTRUSTED TO THE TRUSTEE NOT THE OTHER WAY AROUND]. Now, I can also give you a quitclaim deed to 1600 Pennsylvania Avenue in Washington, DC. I may or may not have a real property interest in the White House. But that doesn’t matter. I can still convey the deed to the trustee. Whether it turns out to be a real asset is another matter to be determined by a court. [EDITOR’S NOTE: THAT DEED WOULD PROBABLY NOT EVEN BE ACCEPTED AS FACIALLY VALID. BUT EVEN IF IT WAS, THE DEED IS VOID. NO PROPERTY INTEREST CAN BE CONVEYED EXCEPT BY SOMEONE WHO OWNS IT.
In the cases that interest folks here, there is a real owner of the mortgage note hiding behind the curtain. [EDITOR’S NOTE: THIS IS TOTALLY FALSE. THE CASES OF INTEREST ARE THOSE THAT INVOLVE FALSE CLAIMS OF SECURITIZATION OF LOANS. IF THE LOANS HAD ACTUALLY BEENS SECURITIZED THEN THERE WOULD HAVE BEEN A SALE OF PRO RATA SHARES OF THE LOANS TO MULTIPLE INVESTORS. NO SUCH SALE OCCURRED. IF THERE WAS A REAL OWNER HIDING BEHIND THE SUGGESTED CURTAIN THE PROOF IN FORECLOSURES WOUDL COME FROM THAT PERSON, WHICH IS WHAT IS REQUIRED BY LAW. INSTEAD THE FORECLOSURE PLAYERS SKATE PAST THAT REQUIREMENT BY RAISING LEGAL PRESUMPTIONS FROM THE FAICAL VALIDITY OF FABRICATED, FALSE DOCUMENTS. THERE IS NO OWNER BECAUSE TEHRE IS NO LOAN ACCOUNT HELD AS ASSET (I.E., OWNED BY) ANY COMPANY. THE LOAN ACCOUNT IS EXTINGUISHED CONTEMPORANEOUSLY IWTH ORIGINATION OR ACQUISITION OF THE DEBT.]
Original REMIC trusts are a different matter. There, there is a PSA or trust agreement. [EDITOR’S NOTE: THERE IS ALWAYS A TRUST AGREEMENT WITHOUT WHICH THERE CAN BE NO TRUST. PROFFERING THE PSA AS TRUST AGREEMENT IS MISLEADING THE COURT. THE TRUST AGREEMENT SHOWS THAT THE TRUSTEE OWNS NOTHING OF LEGALLY RECOGNIZED VALUE AND THAT THE BENEFICIARIES ARE NOT THE INVESTORS BUT RATHER THE INVESTMENT BANK THAT STARTED THE SECURITIZATION SCHEME.] There is also a named seller and depositor. [EDITOR’S NOTE: COMPLETELY UNTRUE. COMPANIES ARE NAMED AS POTENTIAL SELLER OR POTENTIAL DEPOSITOR FOR FUTURE VENTS. NO SALE IS RECITED IN PSA]. If you try and use arguments propounded on this site to win your case, you are not going to have much success, in my opinion. [EDITOR’S NOTE; BOB G’S OPINION IS IRRELEVANT BECAUSE HE LACKS ANY KNOWLEDGE OR EXPERIENCE TO OFFER AN OPINION. IT ALSO FLIES IN THE FACE THAT MANY LAWYERS, INCLUDING MYSELF HAVE WON THESE CASE FLAT OUT WITH SPECIFIC FINDINGS OF THE JDUGE THAT THE “TRUSTEE”, THE “TRUST” AND THE “SERVICER” WERE NOT AUTHORIZED WITH RIGHTS TOE FNORCE GRANTED BY ANYONE WHO OWNED THE UNDERLYING DEBT. JUDGMENT FOR HOMEOWNER].
Foreclosure Help News Daily update ⋅ October 27, 2020 |
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goskagit.com The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: $93,584.78 … 346 NOTICE OF TRUSTEE’S SALE – goskagit.com |
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Duggan: Give overtaxed owners land bank discounts, first dibs on city programs Detroit Free Press But it was the earlier overassessment that helped fuel Wayne County’s record tax foreclosure crisis, with nearly one-third of city properties seized for … |
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Here Are Today’s Best Mortgage & Refinance Rates for October 27, 2020 MONEY We’re expecting a widespread rise in foreclosure rates for two reasons. … like for foreclosures, read: Are We Headed for Another Foreclosure Crisis? 6 ways to avoid falling behind on your mortgage payments – msnNOW |
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Realtor.com News … through enhanced unemployment benefits and foreclosure moratoria for workers, loans and grants to companies, and other regulatory measures. |
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Upcoming Online Foreclosure Sale Auctions for the week of October 26, 2020 Realauction.com The following is a list of online Foreclosure Auctions by state for the week of October 26, 2020; see our Client Sites tab for links & details by county. |
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Gov. Cuomo Extends Commercial Eviction, Foreclosure Ban until January New York Apartment Law Insider Cuomo Extends Commercial Eviction, Foreclosure Ban until January. October 26, 2020. AddThis Sharing Buttons. Share to Facebook Share to … |
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A Action Realty Foreclosure Search. Location. Type a city, neighborhood, zip, address, or listing #. Special Conditions. Search… Min Price. No min. Max Price. No max. |
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Foreclosure Activity at Historical Lows Due to Moratoria Real Estate Investing Today The report says there were a total of 27,016 properties with foreclosure filings for the quarter. In addition, lenders repossessed 6,076 properties through … |
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Realestateboiseid.com Foreclosure Search Boise Real Estate – Lee Hill and Eva Hoopes Foreclosures only. Price. No Limit, $50,000, $100,000, $150,000, $200,000, $250,000, $300,000, $350,000, $400,000, $450,000, $500,000, $550,000 … |
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Owners Of Pinecrest Turn Over Deed Rather Than Face Foreclosure Newsradio WTAM 1100 – iHeartRadio … of Greater Cleveland’s newest major shopping center, Pinecrest, have turned over the deed for the property to the bank, rather than face foreclosure. |
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So, if you do not have a surplus every month, it means that you are loosing money every month. Coming to the matter of “Pre-Foreclosure” properties, we … |
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Executive Order 202.70 Extends Moratorium on New York Commercial Evictions and Mortgage … Kilpatrick Townsend & Stockton LLP … (a) an eviction of any commercial tenant for nonpayment of rent or (b) a foreclosure of any commercial mortgage for nonpayment of such mortgage. |
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stepbystop.it Bank Foreclosures Sale offers great opportunities to buy foreclosed homes in Ocala, FL up to 60% below market value!Our up-to-date Ocala foreclosure … |
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2013 Mobile Home for Sale Vidalia, GA MobileHome.net The property was foreclosed and repossessed by a lender when the owner failed to make payments. A bank is now the owner. Since banks are not in … |
Mortgage Fraud Daily update ⋅ October 27, 2020 |
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Mortgage Fraud NEWS |
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Louisiana man who preyed on Filipino immigrants via mortgage relief fraud gets jail Honolulu Star-Advertiser He created new mortgages with his fake mortgage company and notes obligating them to make monthly payments to it, and told them to stop making … |
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Chubb, AIG Sue Law Firm For Costs In Santander Fraud Suit Law360 … a professional indemnity insurance policy because of fraud the company allegedly committed against Santander and other mortgage providers. |
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Woman learns a fraudulent unemployment account was opened in her name FOX 10 News Phoenix “My mortgage is three months behind. Now I have HOA fees that are not getting paid. Everything’s accumulating. The bills don’t stop coming in,” she … |
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FCA green light for automation positive news for anti-money laundering Mortgage Introducer But with identity and financial fraud having risen exponentially, there are … Collective Mortgage Network has launched, offering advisers a network … |
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Pemberton Twp. man accused of role in $3M income-tax fraud Cherry Hill Courier Post Barry and other organizers of the “mortgage recovery” scheme shared in about 20 to 35 percent of refund amounts, the indictment alleges. In a court … |
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SHAREHOLDER ALERT: Pomerantz Law Firm Investigates Claims On Behalf of Investors of First … PRNewswire The records included bank account numbers and statements, mortgage and tax records, Social Security … he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. |
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Major insurers combine to sue law firm Insurance Business ASIA … due to a separate fraud lawsuit slapped against the firm by major bank Santander UK PLC and other mortgage providers. The group of 24 insurance … |
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Former mayor charged with bank fraud WJFW-TV Eisenga gave the credit union a lease cancellation agreement in January 2019 after Eisenga’s company defaulted on the loan. But that cancellation … |
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A Better Approach to Fighting White-Collar Crime BloombergQuint … and JPMorgan — have paid more than $170 billion to settle cases involving money laundering, mortgage-backed securities fraud, bribery and more. |
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DHFL committee of creditors to meet on Monday to decide on four bids Business Today The Mumbai-based mortgage player had total assets worth Rs 93,000 crore with retail and wholesale asset portfolio pegged at Rs … Fund diversion by the promoters of DHFL resulted in lenders classifying DHFL account as “fraud“. |
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Reallymoving: House prices set to rise by 8.8% Mortgage Introducer … due to competition for homes and the withdrawal of high LTV mortgages. … But with identity and financial fraud having risen exponentially, there are … |
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Data breaches upping ATO fraud ‘red flags’ Best gaming pro Whereas Hirschhorn mentioned there was no enhance in fraudulent exercise that may very well be straight tied to the COVID-19 pandemic, … |
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Mortgage fraud and COVID-19 – Mortgage Introducer RocketNews David Thomas BA FCIB FPFS is board member of the Society of Mortgage Professionals and joint managing partner of Chadney BulginMortgage … |
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Fraudster Sentenced to 20 Years’ Imprisonment in Connection with Fraudulent Mortgage Debt … Department of Justice Williams marketed a fraudulent mortgage debt reduction scheme to distressed homeowners, who were mostly non-native English speakers in the … |
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Mortgage fraud and COVID-19 | Mortgage Introducer | #cyberfraud national cyber security news today Mortgage fraud has been a factor for many years, and with lenders and intermediaries working ever closer together, incidence has remained low. |
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Racheli Mortgage Lending Weekly readings on mortgage rates and jobless claims were also released. NAHB Housing Market Index Rises in October The National Association of … |
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Nosari Home Mortgage, Inc. Weekly readings on mortgage rates and jobless claims were also released. NAHB Housing Market Index Rises in October. The National Association of … |
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Yael Ishakis What’s Ahead For Mortgage Rates This Week – October 26, 2020. by Yael Ishakis on October 26, 2020. Live Rate Quotes. Loan Purpose. |
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Mortgage Fraud Prevention- W.Yorks Gumtree View details and apply for this Fraud Analyst- Mortgage Fraud Prevention- W.Yorks- Up to GBP33K in Bingley, West Yorkshire. Find your new local job … |
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