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 the name of a company claiming to be a serrvicer but which are owned by someone else.

This is why I keep successfully annoying opposing counsel about the payment history they wish to introduce as a business record exception to the rule against the use of hearsay evidence.

Since none of the data was entered by anyone employed by the company that is claimed to be the servicer, the payment history is neither a business record that is an exception to the rule against hearsay, nor an acceptable substitute for what has always been required: the accounting ledger showing the history (cradle to grave) of the loan account receivable. In fact, the payment history is not even a partially acceptable substitute for that ledger because it does not reflect payments to creditors.

PHH, Ocwen and Reverse Mortgage Solutions (among others) are all part of the same organization. In a recent dialogue between my client and the lawyer for PHH, he stated that payment to PHH will cause the lien to be released. This got me started thinking about the way he worded that. Normally the lawyer would write something like “Payment to PHH, as agent for XYZ Creditor, will satisfy the debt, note and mortgage. Upon receipt of such payment,m the lien will be released.”

Note that this was a representation from the lawyer not PHH and not any creditor. And the lawyer is protected by a form of immunity as long as he is not intentionally misstating the facts knowing that they’re false. If PHH said that, it could be the basis for a fraud action. 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.

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.

So this is what I said in a comment to the receipt of an email displaying the comments of the lawyer claiming to represent “somebody” which we presume is a claim to represent PHH which in turn is a claim to represent some company claiming to be a creditor merely because they have some paperwork — and not because they ever entered into any purchase and sale transaction in which they bought the underlying obligation, the legal debt, note or mortgage:

Of course, what is interesting is that the lawyer is saying that payment to PHH will cause the lien to be released. But it doesn’t say who will release it. It’s leaving the rest to your imagination. Any lien release under this scenario would be executed by a person working for a company that has no legal authority to sign it.

The way it is set up, the person is authorized by the company he works for, but the company lacks the authority to authorize him to sign it. The company, in turn, claims authority by virtue of some contract or document in which the counterparty grants the company the authority. But the grantor also lacks authority.

The idea here is to get you to take your eye off the ball. The ball is always the underlying obligation. It is the legal owner of the obligation (i.e., the one who purchased it for value) who has the sole authority to grant powers to anyone else over the administration, collection, and enforcement of the underlying obligation.

It is only when you take your eye off the ball that these companies get away with claiming the status of “holder” of the note and owner of the mortgage. The holder of the note is defined as a party who has physical possession of the note (or the right to physical possession of the note) together with the authority to enforce it.

These players have been successfully leveraging the idea that physical possession of the promissory note, or the right to physical possession of the promissory note is all that they need in order to establish the legal presumption that they have the authority to enforce it. That has never been true. But in the absence of a persistent and aggressive challenge from the alleged debtor, these parties have been able to steamroll over all weak objections.

Further, leveraging one presumption into another, they have been successful in raising the additional presumption that transfer of the note to a “holder” is the legal equivalent of transferring legal title to the underlying obligation, thus satisfying the requirement for enforcement that is contained in Article 9–203 of the Uniform Commercial Code. None of that is true; but all of it seems to be true.

The bottom line is that they know there is no loan account receivable and therefore no legal owner of the underlying obligation. They have done that intentionally for the benefit of the investment banks that set up this scheme. But it has not been difficult for Wall Street to convince the rest of the world that all of these transactions are, in substance, just what they appear to be. Getting the courts, law enforcement, regulators, and even homeowners and their lawyers to look beyond the appearance has been the principal impediment to defeating the scheme.

Zillow Seeks to Sell 7,000 Homes for $2.8 Billion After Flipping Halt

·4 min read

Zillow Seeks to Sell 7,000 Homes for $2.8 Billion After Flipping Halt

(Bloomberg) — Zillow Group Inc. is looking to sell about 7,000 homes as it seeks to recover from a fumble in its high-tech home-flipping business.

Most Read from Bloomberg

The company is seeking roughly $2.8 billion for the houses, which are being pitched to institutional investors, according to people familiar with the matter. Zillow will likely sell the properties to a multitude of buyers rather than packaging them in a single transaction, said the people, who asked not to be named because the matter is private.


A representative for Zillow didn’t immediately comment.

The move to offload homes comes as Zillow seeks to recover from an operational stumble that saw it buy too many houses, with many now being listed for less than it paid. The company typically offers smaller numbers of homes to single-family landlords, but the current sales effort is much larger than normal. 

Read More


Foreclosure Daily News Update ⋅ November 2, 2021


Portland’s Lloyd Center mall faces foreclosure and redevelopment, lender says –

Oregon Live

Lauren Garetto, a spokesperson for the mall, said Lloyd Center would not be commenting on the planned foreclosure. The mall’s manager, Cypress …


Lloyd Center mall will become homes, offices after planned loan foreclosure – The Business Journals

The Business Journals

KKR Real Estate Finance Trust would see a loss with the Portland foreclosure, he said. Bloomberg Law first reported the news.


What People at Risk of Losing Their Homes to Foreclosure Can Do – NBC10 Philadelphia

NBC10 Philadelphia

NBC10’s Lucy Bustamante looks at how the moratorium on foreclosures expiring has put low income homeowners at risk of losing their homes.


Foreclosure looms for Lloyd Center Mall |


The Lloyd Center is being foreclosed after its owners failed to make payments on a 2015 renovation plan.


‘Zombie’ foreclosures hold steady in Triad; analysts caution they may rise again soon | Local …

Winston-Salem Journal

About 4.5% of foreclosure filings in the Winston-Salem metropolitan statistical area over the past 12 months were for homes considered as “zombies …

HUD Homes – –

sheriff sales only – Sheboygan County – Sheboygan County

Bastrop County Foreclosure Sale –

Full Coverage


A Tale of Two Crises: What 2008 Foreclosures Can Teach Us About Attorney General … – JD Supra

JD Supra

Moratoriums on foreclosures due to COVID-19 ended this summer, prompting concerns of a shock similar to the 2008 housing crisis.

Foreclosures—Why Do They Take So Long? – Altitude Community Law – Altitude Community Law

Legal Aid of East Tennessee – Knoxville – Foreclosure Counseling – TN 211 – Tennessee 2-1-1

Full Coverage


Time for ‘new blood’?: Westwood Plaza in foreclosure, posted for sheriff’s sale – Yahoo News

Yahoo News

Nov. 1—JOHNSTOWN, Pa. — A foreclosure has been executed on Westwood Plaza in Lower Yoder Township, owned by Westwood Zamias Limited Partnership.


Housing Groups Worried About Economic Fallout Due to Increasing Foreclosures | KNSI


A foreclosure not only harms the borrower, Coleman says, but the community as well. “You have the physical impacts of having abandoned homes or homes …

Home Foreclosure Crisis Opens Real Estate Investment Opportunities – UpNest – UpNest

Search Results for – NYU Furman Center – NYU Furman Center

Full Coverage


Lloyd Center Foreclosure: Lender Says Mall Owes $110 Million | Portland, OR Patch


Lloyd Center Foreclosure: Lender Says Mall Owes $110 Million – Portland, OR – KKR Real Estate Fiance Trust, which is owed $110 million, …


Foreclosure looms for Lloyd Center Mall – Portland, Oregon – Eminetra


Foreclosure looms for Lloyd Center Mall – Portland, Oregon. portland15 mins ago. Portland, Oregon 2021-11-02 02:01:10 –.


Lender Says Bank of America Building Owner Defaulted on Loan – Arkansas Business

Arkansas Business

First Security Bank of Searcy filed a foreclosure lawsuit last week against the owner of the Bank of America Plaza alleging it defaulted on a $8.4 …


That’s mall, folks! Lloyd Center on the chopping block – Portland Tribune

Portland Tribune

Lloyd Center foreclosure could be the end for the mall, as current Texan owners fail to pay their loan.


Strategies and Impacts after the Great Recession – SaportaReport

Saporta Report

More than 10 years have passed since the Great Recession and the residential foreclosure crisis it unleashed. This crisis caused millions of …


COMMON PLEAS COURT | News, Sports, Jobs

Salem News

County Treasurer vs. Titan Construction Inc. et al., foreclosure sought for alleged delinquent taxes for properties on Washington Street and Ashley …


More support urged for U.S. homeowners battling mortgage payments – Big News

Big News

A foreclosure not only harms the borrower, Coleman said, but the community as well. “You have the physical impacts of having abandoned homes or homes …


More support urged for U.S. homeowners battling mortgage payments – Tulsa, Oklahoma – Eminetra


According to Coleman, foreclosures harm not only the borrower, … And when foreclosure waves occur, their costs increase rapidly in the property …


Listen Live: Supreme Court Takes Up Texas Law Banning Most Abortions – NBC Chicago

NBC Chicago

Recap: This Week’s Top News Headlines in … ‘Haunted Highwood’ Returns For Fourth Year. Historic Chicago Church Faces Foreclosure … –:–.


Clark County Common Pleas Court cases – Springfield News-Sun

Clark County Common Pleas Court cases

Michael J. Cafeo, Clark County Treasurer, Unknown spouse of Michael J. Cafeo, State of Ohio Department of Taxation, foreclosure.


Which are the safest states in the US? | Mortgage Professional America

Mortgage Professional America

… unemployment, foreclosures and personal bankruptcy filings. … which covered among other factors unemployment and foreclosure rates, …


Claim foreclosed by prior settlement agreement | Virginia Lawyers Weekly

Virginia Lawyers Weekly

Claim foreclosed by prior settlement agreement (access required) … Where a ship repair company previously signed a settlement agreement with the US …


Burke | Legal Announcements |

Mooresville Tribune

21-SP-148 NOTICE OF FORECLOSURE SALE DEED OF TRUST BEING FORECLOSED: The Deed of Trust being foreclosed is that Deed of Trust executed by CHARLES …


8.8M Borrowers Have Saved $14B By Refinancing –


The foreclosure rate now stands at 0.26% as active foreclosures dropped by 7,000 in September to 135,000, the lowest Black Knight has recorded since …


In the courts: | News, Sports, Jobs – The Review

In the courts: | News, Sports, Jobs – The Review

Titan Construction Inc. et al., foreclosure sought for alleged delinquent taxes for properties on Washington Street and Ashley Lane, …


Contractor’s purchase of home sends neighbors to court | News |

Salem News

Cape Ann contractor Paschal Corrigan picked up the dilapidated old home at 23 River St., believed to have been built in 1800, out of foreclosure …


Mills says he loves real estate and process of fixing up properties – Lancaster Eagle-Gazette

Lancaster Eagle-Gazette

The bulk of your business was foreclosure. A lot of sheriff sales. It was insane.” Mills said dealing with those ups and downs of real estate is …


Charleston lawyer Emmett Pepper appointed to Charleston City Council | WCHS


He assists with foreclosure issues, family law and Chapter 7 bankruptcies. He also worked with the West Virginia Citizen Action Group where he brought …


Liquidity Services Acquires Bid4Assets, a Leading Online Marketplace for Government Real Estate

Yahoo Finance

… strategically focused on conducting real property auctions for the government, including tax foreclosure sales and sheriff’s sales.


Council Passes Bill Strengthening Protections Against Deed Fraud Through Information – CityLand


… homeowner signatures or posing as foreclosure “rescue” companies to record fraudulent deeds, mortgages and other liens against property.


Community Land Trust Definition – Investopedia


For properties that proceed to foreclosure, the CLT has an opportunity to purchase the foreclosed building. Foreclosure does not affect the …


OSU graduate receives national fraternity award | Oklahoma State University

Oklahoma State University

… he co-founded and launched a software company, Tinstar Solutions, which manages foreclosure workflow processes for county sheriffs.


Cryptocurrency theft worth $ 11.5 million –

Investigators issued a foreclosure notice demanding the recovery of the cryptocurrency. “Huobi agreed to withhold funds when the foreclosure case …


BevNET Live: Frey Farms’ Sarah Frey on Entrepreneurship

Frey Farms is also a classic challenger brand, with a story that originates from the near-foreclosure of her family’s farm to its growth into a …


Fitch Downgrades 10 Classes of MSBAM 2015-C21

Fitch Ratings

After failed relief negotiations, the special servicer has moved forward with foreclosure and the appointment of a receiver.


I Will Buy House, Your Most Reliable Home Buyer Company. | PRUnderground

PR Underground

… House is a home buying company that helps people going through difficult homeowner situations such as foreclosure, taxes, divorce, and more.


State Roundup: Franchot has no regrets with running mate pick; weekend flooding along the …

Maryland Reporter

Moreover, Franchot said he was well aware of financial difficulties Anderson-Walker had faced related to tax liens and a foreclosure, as well as a …


Confusion as private rehab facility goes on auction block – Winnipeg Free Press

Winnipeg Free Press

After being told the payment was coming multiple times, Bruneau said, he made the decision to go into foreclosure and auction off the property.


Lawsuit: HFZ reneges on luxury condo sales at the Bryant, refuses to return deposit | Crain’s …

Crain’s New York Business

Williamsburg rental building headed to foreclosure · HFZ must pay $136M to lender of floundering XI project. HFZ’s attorneys then sent Kwan a …


Liquidity Services Acquires Bid4Assets, a Leading Online Marketplace for Government Real …


… including tax foreclosure sales and sheriff’s sales. The transaction accelerates Liquidity Services’ penetration of the large and fragmented …


Where Have All the HELOCs Gone? The Latest Wrench in Home Renovation –

“It will open up when the perceived risk of foreclosures abates,” says Lloyd. Yet exactly when foreclosure fears will lift is unknown, particularly …

Foreclosure Alternative: Deed in Lieu – –

Full Coverage


Young at Heart has November events – The Paper of Montgomery County

The Paper of Montgomery County

… funds to thwart the foreclosure of a local women and children’s shelter. Cost is $2 and it all takes place at the Hillsboro Nazarene Church.


Kasim Reed responds exclusively to claims suggesting “vendetta against CAU” | The Atlanta Voice

The Atlanta Voice

… protection in 2012 and sold most of its campus in Atlanta in an attempt to prevent the foreclosure and sale-at-auction of its campus.


Shanghai Composite Index Fell 0.08% on Monday – Caixin Global

Caixin Global

Exclusive property is latest connected to the troubled group to be placed in foreclosure, records show.


Assemblyman Vanel seeks Attorney General Office | Eastern/Southeast Queens News |

Queens Chronicle

2007 to June 2009), 27,000 houses were foreclosed on throughout the city … these issues,” continued Vanel, who once faced foreclosure on a home.


Ducey, Arizona Department Of Housing Launch Homeowner Assistance Program – The Bee

The Bee

The assistance is intended to prevent foreclosure but helps with more than just mortgage payments. “Besides your mortgage, HAF will also pay past …


Liquidity Services acquires online marketplace Bid4Assets | Seeking Alpha

Seeking Alpha

… an leading online marketplace focused on conducting real property auctions for the government, including tax foreclosure sales and…


5 Things To Do If You’re Struggling To Pay Your Mortgage – Living Gossip

Living Gossip

In the UK, foreclosures were high in the past decades. … This option won’t be as damaging to your credit as a foreclosure, provided that the …

North Carolina Foreclosure Law Firm – Gillespie & Murphy, PA – Gillespie & Murphy, PA

What You Need To Know About Foreclosure Laws – Upsolve – Upsolve

Know Your Rights in the Foreclosure Process – Upsolve – Upsolve

Full Coverage


Dexter Forum Notes, 10-16-21 | The Sun Times News

The Sun Times News

This has to do with helping a family facing foreclosure. And then it all got serious, and personal, as John Scharf recounted an encounter with a …


Foreclosure Sales- November 2, 2021 – Manning & Meyers

HOA Attorney Dallas TX – Condo & Homeowner Association Lawyers

We will not accept personal checks at the foreclosure sales. Funds must be tendered directly after the sale. Bidders are strongly encouraged to check …


List Filters – Collin County Foreclosure Notices

Collin County Foreclosure Notices

… Texas * All Rights Reserved * 972.548.4100 (McKinney) * 972.424.1460(Metro). Privacy & Accessibility Policy. Foreclosure Notices 20211019.44.


How to Buy North Carolina Foreclosures – Pinterest


Oct 17, 2021 –, search the latest nationwide foreclosed properties with the most up-to-date foreclosure data.


Foreclosure/Trustee Auction – E-19314A

Foreclosure/Trustee Auction – E-19314A. Louisiana Public Foreclosure Sale (E-19314A). Filter Properties By. Property Type. Single-Family …


MidFirst Bank hiring Foreclosure Assistant Manager in Oklahoma City, Oklahoma, United States


The Foreclosure department is a default management group responsible for the initiation and completion of foreclosure actions related to …


Upcoming Online Foreclosure Auctions for the week of November 1, 2021 –

The following are the upcoming online foreclosure auctions hosted by for the week of November 1, 2021.


Foreclosure & Eviction Prevention Workshop 2021 – South Orange/Maplewood Community …

South Orange/Maplewood Community Coalition on Race

Foreclosure & Eviction Prevention Workshop 2021. Posted by Nancy Gagnier 196.20sc on November 01, 2021. WHEN. November 10, 2021 at 7:00pm – 9pm …


Ukraine—foreclosure on mortgaged property may require a permit for concentration (Oschadbank)


The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Ukraine—foreclosure on mortgaged property …


foreclosure prevention pro bono project – American Bar Association

American Bar Association







Mortgage Fraud Daily News Update ⋅ November 2, 2021


Mortgage Rates Catch Up To Last Week’s Market Movement (That’s a Good Thing)

Mortgage News Daily

Mortgage Fraud on the Rise, Purchase Applications Vulnerable … Mortgage rates moved moderately lower today despite an absence of significant …


Cash app fraud, the does and don’ts – YouTube


Cash app fraud, the does and don’tsStay informed about Columbus and central Ohio news, weather and sports! Follow NBC4 on our website and social …


SmartSearch extends global money laundering checks – Mortgage Finance Gazette

Mortgage Finance Gazette

The improvements come after the Office for National Statistics (ONS) reported that fraud and cybercrime has increased by nearly a third in the …


EFCC arrests Obi Cubana over alleged money laundering, tax fraud – The Guardian Nigeria

The Guardian Nigeria

The Economic and Financial Crimes Commission, EFCC has arrested popular socialite and businessman, Obinna Iyiegbu, also known as Obi Cubana, …


Unanswered Questions – Part 3 – Appraisal Buzz

Appraisal Buzz

… increasingly target the senior demographic, the reverse mortgage industry may want to take note. … Mortgage Fraud on the Rise, Purchase…


Cross-examination of EFCC chairman stalled in alleged N761m subsidy fraud | The …

The Guardian Nigeria

Cross-examination of the Chairman of Economic and Financial Crimes Commission (EFCC), Mr Abdulrasheed Bawa, in a case of N761 million fraud was …


BANK FRAUD: Institutions should strengthen risk control practice — NDIC boss – Vanguard News

Vanguard News

Nigeria Deposit Insurance Corporation has revealed plans to increase the deposit insurance coverage for customers of Primary Mortgage Banks (PMBs) in …


U.K. Fraud Cops Drop Probe of Individuals in Amec Bribery Case – BNN Bloomberg


(Bloomberg) — The U.K.’s fraud prosecutor closed its investigation into individuals over bribery at Amec Foster Wheeler Plc, after the British …


Form-of-the-Week: Tenant Lease Worksheet and Offer to Lease – Forms 555 and 556 …

first tuesday Journal

DRE Hot Seat: Mortgage lender mortgage fraud. February 12, 2020 … The rise in purchase-assist mortgage rates charged buyers


The MRC Brings the Industry Together in the Ongoing Fight Against eCommerce Fraud | Benzinga


“The threat of first-party misuse, commonly referred to as friendly fraud, has never been more prevalent,” says Julie Fergerson, CEO of the MRC.


Movin Legal launches CPD conveyancing course – Mortgage Introducer

Mortgage Introducer

Cheshire Money Group and UK Moneyman Mortgage Brokers are among the … of giving businesses more tools to deal with rising fraud and cybercrime, …


Brokers say residential, complex BTL and bridging biggest growth opportunities next year …

Mortgage Solutions

Promising to speed up the mortgage process through one end-to-end platform, it will also make strides in tackling fraud with the technology …


Santander Customers Losing £1m to Crypto Scams Every Month – Money Expert

Money Expert

In these devious scams, fraudsters pressure would-be investors to download software to … Mortgage Costs Could Rise 13% by 2023, OBR Warns.


In an Era of Defund The Police, Homebuyers Cite Crime as Important Factor in U.S. – WORLD …

World Property Journal

Rising Rate Concerns, Supply Chain Fears Drive New Home Sales · U.S. Mortgage Fraud on the Rise in Q2 · Fort Lauderdale Area Combined Residential …


Looking for a job? Be careful! BBB study finds job scams increased during pandemic …

Mecklenburg Times

Employment scams are on the rise according to a new study from the … Next: Mortgage Payments for New Homebuyers Are Rising 67% Faster Than Rents …


After a tech bargain? Check the seller and returns’ safeguards first – The Crusader | The …

Daily Express

MOBILITY SCOOTER SCAM ALERT: Hopes rise for customer’s refund · Homes under scammers’ hammers lose £350,000 in roofing rip-off · Homebuyer with …


New CFPB Director Rohit Chopra Pledges to Protect Americans from Financial Fraud – _

African American Voice

Past barriers limiting access to mainstream credit for racial minorities, the long-term impact of the 2008 mortgage crisis, and continued …


PennyMac Mortgage Fraud – FRAUD STOPPERS | Mortgage & Foreclosure Relief


Mortgage Audits, Stop Foreclosure Sale, Mortgage Fraud & Wrongful Foreclosure Lawsuits, Quiet Title Lawsuits, Loan Modifications, Bankruptcy.


Louisiana man indicted on $ 1.1 million PPP mortgage fraud prices – Bakkar Bro

Bakkar Bro

the indictment states that Michael Ansezell Tolliver, 56, of Louisiana, submitted 9 fraudulent mortgage functions from the PPP and the EIDL …


Data & Analytics Blog | First American Data & Analytics

First American Data & Analytics

Mortgage Fraud. Oct 11, 2021. Fraud is Changing and so are Fraud Detection Tools · Mortgage-Fraud. Aug 25, 2021 …


Equality in Justice Now – Home | Facebook


Arrest Nikki Sikalis Bott for Notary Fraud, Forgery, & Mortgage Fraud!






FRAUD STOPPERS Daily News Update ⋅ November 2, 2021


Austin Police Department Arrests Suspects In Multi-State Fraud Scheme – Patch


Detectives are asking anyone with information of the incident to utilize the Crime Stoppers tip line at 512-472-8477 (TIPS), or the Crime Stoppers app …


Maryland man pleads guilty to running a fake website that charged people to buy vaccines – CBS 58

CBS 58

Odunayo “Baba” Oluwalade, 25, of Baltimore County pleaded guilty on Friday to federal fraud conspiracy, the U.S. Attorney’s office in Maryland …


Man arrested over alleged bushfire and COVID-19 relief fraud worth $550000

Latest News – NSW Police Public Site – NSW Government

Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or Information is …


Heidi Planck search: 7 unanswered questions in hunt for mom as it’s revealed her boss is …

The Sun

Now it’s emerged her boss was under federal securities investigation for possible fraud charges, according to local reports.


Crime Stoppers Holiday Ball is Dec. 11 – Washington Daily News


The Band of Oz plays with a crime stopper holiday ball. (Crime stopper). Beaufort County Crimes Stoppers will be hosting a holiday ball at the …




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