Still Pretending the Servicers Are Legitimate

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: I keep waiting for someone to notice. We all know that the foreclosures were defective. We all know that in many cases [...]

State by State Foreclosure Procedures

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: All non-judicial states have a provision that allows for judicial foreclosure. It is one of the things that is often overlooked. My point has always been that the non-judicial statutes are unconstitutional only if they don’t allow judicial foreclosures and especially [...]

COUNTY RECORDERS MULL MERS PLAN WITH LUMINAQ-LIVINGLIES TO RECOVER LOST REVENUE

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COUNTY RECORDERS TO IMPOSE FEES AND FINES FOR FAILURE TO RECORD AUTHORIZED COUNTY GOVERNMENT OFFICIALS: EMAIL YOUR NAME TO LUMINAQ.COUNTYRECORDERS@GMAIL.COM YOUR TITLE YOUR TELEPHONE NUMBER YOUR EMAIL TO WHICH YOU WANT THE TELECONFERENCE INVITATION SENT BILLIONS OF DOLLARS TARGET FOR RECOVERY TO COUNTY REVENUE: We [...]

IBANEZ: HUGE WIN FOR BORROWERS IN MASSACHUSETTS (NON-JUDICIAL STATE) HIGH COURT

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary READ FULL DECISION HERE—-> MA S Ct 1-7-11 usbank see ibanez-decision-analyzed see CNN Report and Video NOTABLE QUOTES: “Where, as here, mortgage loans are pooled together in a trust and converted into mortgage-backed securities, the underlying promissory notes serve as financial instruments generating a potential [...]

Prima Facie Case and Burden of Proof

In Court, a prima facie case is, in plain English, the completion of a party’s burden of proof. That means if you are seeking AFFIRMATIVE relief from the Court, then you have the burden of proving your case. In order to prove your case you must present evidence. Your evidence must conform to the legal [...]

Shack; JPM, Trustee Lacks Standing, Vacates Foreclosure

The true answer is that securitization is a process that is still on going and not an event.The Real Party in Interest (and the real amount of principal due, if any) is in a state of flux hidden by obscure, hidden or “confidential documentation.” Don’t make it your problem to unravel it. Use your strength [...]

Non-judical sale is not exactly a foreclosure

The problem is that a statute passed for judicial economy is now being used to force the burden of proof onto the borrower in the foreclosure of their own home I think the main issue in non-judicial states is what does “non-judicial” mean. I think in your argument you do NOT want to concede that [...]

800-Numbers Lead to Runaround as Banks Refuse to Modify Mortgages

Rule of Thumb: If they can’t execute a release or satisfaction of the mortgage, then they can’t foreclose. And if they did, it is reversible. Whistle-Blower: Banks Give Homeowners the Runaround “In our managers meeting, which can last eight or nine hours, we probably addressed mortgage modifications five minutes or less,” the banker said. Editor’s [...]

FLORIDA BEWARE!! FBA non-judicial foreclosure initiative

Florida Bankers Association, controlled by national and supersize regional banks are trying to convert Florida to a “non-judicial state.” DON’T LET IT HAPPEN!!!! Start writing letters and get others to write letters to the Republican controlled Florida legislature. This effort will not only deny homeowners essential rights it will vastly increase the pace of foreclosure [...]

Foreclosure Defense and Offense: Conversion of Non-Judicial Steamroller to Judicial Process Where Your claims are Heard on the Merits

If you are living in a state with non-judicial procedures, it also allows judicial procedures. The ONLY time the non-judicial procedure should be used is in slam dunk cases, of which there are nearly none, so the Trustee on teh Deed of Trust is violating his fiduciary duty to the homeowner when he fails to [...]