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Whose Lien Is It Anyway? by Neil F Garfield, M.B.A., J.D.
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If you want to trace the genesis of the mortgage meltdown then I suggest that you purchase a copy of my original workbook that was published before the crash. It accurately predicted the crash, the reasons, and the strategies that were employed by the banks, as well as predicting those strategies that would assist people who wanted to challenge what we eventually named the “Pretender Lender.” This is the first revision of the Attorney’s Workbook first published in 2008, when foreclosure, mortgage, priority, securitization claims were in their infancy. Since then, hundreds of decisions have been rendered, new statutes have been passed, and revelations (many accurately predicted and written in the 2008 workbook) have passed into mainstream media.
Regulatory agencies have awakened to the problem only to fail the people by limpid enforcement of required restitution. Reputable reports from San Francisco and several recording offices of several states report that the foreclosures show evidence that the party who bid on the property was a complete stranger and that they had no right to submit a “credit bid”. So the question must be asked, why are we even discussing the resolution to an obvious problem? The answer unfortunately is political.
We are at one of many crossroads our nation has endured wherein the question must be answered, “Are we a Nation of Laws” or a nation of men where power gets increasingly limited to the biggest bully on the block?
The purpose of this Workbook is to provide a treatise treatment and a practice manual on the subject of residential and commercial mortgages in which there is the possibility of a securitization claim being asserted with respect to past, present or future transactions.
There are many things we now know that we could only surmise at the time of the first workbook. We accurately spotted robosigning before it was called that, notary fraud before it caused numerous notaries to receive license discipline, and most of all, the money trail which we emphatically stated and still maintain was simply a transaction between the investors and the borrowers, with all other parties being conduits or intermediaries with no right, title or ownership of the obligation. We suggested that the note and mortgage might be fatally flawed, but we now have far more evidence of that because we know that the real lender was not only not named in the closing papers with the borrower, it was actively concealed.
Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 Ed – Sample
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Posted on May 8, 2012 by clg5645