Arkansas Supreme Court Denies MERS Legal Standing

Thank you Deontos Comment: I always thought TWO for the price of ONE was a GOOD thing. Everybody’s talking about the Kansas Appellate Decision? What about this one from Arkansas’s Supreme Court? Same issues, MERS and “black letter law” …. MERS **Lost** and the Arkansas Supreme Court cited the Landmark v KESLER Kansas Decision. ————————————————————— [...]

Getting Through to Judges Unfamiliar with Securitization

If I am right, then why are judges are not buying this? see msnbc discussion of “What’s in the Bag?”> object> The problem here is becoming increasingly apparent with Judges of many different ideological persuasions. This all looks like a gimmick to them. And they are right. It’s just that the one finessing the gimmick [...]

The High Cost of Losing Homes: Death by Gunshot

Besides the obvious tragedy here the problem with this story is that the media refers to the victim as a “former” homeowner. He probably lost control of his home to a fraudulent foreclosure by pretender lenders. Which is to say that he still owned his home and didn’t know it. That said, a piece of [...]

LIVINGLIES CALLS FOR HELP — INCOME OPPORTUNITY!!!

We are in the process of developing an extensive national roll-out for forensic auditors who are trained and will perform an audit in the manner directed by the principles of the Garfield Continuum. It involves TILA, RESPA, APPRAISAL FRAUD, TITLE ISSUES, and SECURITIZATION ISSUES. We have several dozen prospects who wish to leverage off of [...]

FDIC Memo to Banks: Tenants Stay Till End of Lease term

Protecting Tenants at Foreclosure Act Public Law FIL-56-2009 September 28, 2009 Summary: On May 20, 2009, President Obama signed the Helping Families Save Their Homes Act of 2009, Public Law 111-22. Included in the public law is the Protecting Tenants at Foreclosure Act (Division A, Title VII), which provides protections for tenants, including tenants in [...]

Ex Freddie Mac Exec Says “Securitize No More”

In order to revive securitization, taxpayers would have to absorb large risk. The social gains would be small, or perhaps even nonexistent. The best thing to do with the shattered Humpty-Dumpty of mortgage securitization would be to toss the broken pieces into the garbage. See Also Securitized Mortgages Are Illegal: Securitization Is ILLEGAL Should Mortgages [...]

Strategic Implications of the Landmark (Kesler) Kansas Supreme Court Decision

See entire decision here > kansas-supreme-court-sets-precedent-key-decision-confirming-livinglies-strategies See also Arkansas Supreme Court stating the same principles and citing to Kansas: arkansas-supreme-court-denies-mers-legal-standing Annotations: See this list of cases cited by pretender lenders: Lender’s Cases mers-getting-the-grilling-it-deserves kansas-s-ct-decision-annotation-2-reversing-default kansas-waking-up-to-discover-the-mortgage-market-was-a-giant-criminal-enterprise What does this decision mean? It means that there are several direct strategic moves that are suggested both by the [...]

MERS Getting the Grilling It Deserves

“If courts are willing to say MERS doesn’t have any ownership interest in mortgage loans, that may eventually call into question the priority of liens recorded in MERS’s name, and there are millions and millions of them.” September 27, 2009 Fair Game The Mortgage Machine Backfires By GRETCHEN MORGENSON WITH the mortgage bust approaching Year [...]

Things that Make You Go….Hmmm

While many American’s get strung along by Servicers in the so-called ”Loan Modification” Farce, talking to different reps each time they call, faxing the same documents in for the umpteenth time… it seems that at least one homeowner was able to get modifications to multiple loans on multiple properties in what many would call “light speed.” In [...]

Tacit Procuration Available in Georgia and Procedural Pitfalls in Reversing Foreclosures

Thanks to Nye Lavalle for this Submission Editor’s Note: Tacit Procuration Available in Most States. Watch those procedural requirements on reversing foreclosure. The main procedural points are first file to reverse the sale alleging fraud etc. Second, have a court reporter present at any hearing if you need to appeal. In addition whether it is [...]

Another Litigant Who Gets It: Barbara Ann Jackson

The movement is growing and approaching critical mass. It won’t be long now before everyone — including politicians are singing a different song. The fact is most of these foreclosures are wrong — legally, morally, ethically, politically and economically. Kudos to this fine lawyer who is showing some gumption and outrage — something lacking in [...]

Kansas S Ct Decision Annotation 2: Reversing Default

The point must be made, and the evidence must be allowed, that the pretender lenders are gaming the system every day and literally stealing homes from both homeowners and investors who thought they had an interest in those homes when they bought mortgage backed securities. This leaves the borrower in a position of financial double [...]

Attorney with a Servant’s Heart – Right now American Needs a Few More Chris Browns

Subject: VERY IMPORTANT CASE: Kansas Supreme Court Validates Livinglies’ Strategies on Basic Black Letter Law From: Christopher Brown, Esq. To: ngarfield@msn.com Neil, THANK YOU FOR SENDING THIS!! While I am at it, let me toss on some more praise for … you    I cannot thank you enough for the seminar I attended in August 2008, in [...]

Kansas Supreme Court Sets Precedent – Key Decision Confirming Livinglies’ Strategies

Here it is. On August 28, 2009 the Supreme Court of the State of Kansas rendered an opinion based calmly on existing law and relentlessly applying it to the chagrin of all participants in the securitization scheme. This decision is being examined, cited, analyzed and applied all over the country. MERS was the appellant seeking [...]

Kansas: Waking up to discover the mortgage market was a giant criminal enterprise

Matt Taibbi in Huffington Post: Waking up to discover the mortgage market was a giant criminal enterprise A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme [...]

Experts and Forensic Mortgage Reviews

It appears I need to weigh in here. My objective was to let the “free market” operate and have people offer various services that would assist homeowners in fighting or challenging their lenders. What we have instead is some service providers performing some of the work needed in a forensic review and many of these [...]

AIG Letter on CDS Shows Transfer and Subrogation

In November of 2008, AIG answered a request from the SEC that requird them to explain the inner workings of Credit Default Swaps. While they appear to have finessed certain issues, this is the clearest glimpse of how it worked. There are several classes of transactions but each of them involves some “delivery” of the [...]

Where Has All the Money Gone – Short Time Passing

The Reno Class Action attorneys and others, including Elizabeth Warren, Chairwomen of the Congressional Oversight Committee, want to know where this money went, whether it satisfied obligations, and whether the obligations satisfied inure to the benefit of homeowners who purchased loan products from a Ponzi securitization scheme or otherwise. $13 trillion in mortgages were issued [...]

Class Actions Being Investigated

People have been asking about class actions. With a little bit of help at www.classadvocate.com I have come up with the following list. The one to watch is in Reno Nevada filed by Hager and Hearne. It covers Arizona, Nevada, and California. It has not been certified yet as a class action. I am involved [...]

Kansas Landmark Decision Annotated 1

1st Annotation of Landmark v. Kesler: IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,489 LANDMARK NATIONAL BANK, Plaintiff/Appellee, v. BOYD A. KESLER
Appellee/Cross-appellant
MILLENNIA MORTGAGE CORPORATION,
Defendant,
(MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AND SOVEREIGN BANK),
Appellants/Cross-appellees,
and
DENNIS BRISTOW AND TONY WOYDZIAK,
Intervenors/Appellees. filed August 28, 2009 “The second mortgage lies at the core of this appeal. That mortgage document stated [...]