Max Gardner Maps the Paperwork

see Max Gardner EXPLAINS _ Who-Owns-the-Note

Just received this by email. Easily the best mapping and explanation of the written documentation that I have ever seen. The issue is whether any of this makes any difference. Max may be right in following the paper trail. But my bet is on the actual money and then comparing it to the paper trail to see where it matches up and where it does not. Those are the points of conflict that need to be resolved in litigation. Max writes

I created charts and graphs for the transfer of a negotiable note and for the sale of a non-negotiable note. Also, I decided to actually track a Wells Fargo RMBS deal in order to attempt to explain how both relate to the securitization process. The attached is the only real “charting” I have ever seen that seeks to explain the differences between Article 3 and 9 along with the deal documents that would be associated with each track (3 or 9).

(Who Owns the Note? Revised May 2012)

 

   — O. Max Gardner III

26 Responses

  1. US Bank and SN Servicing has submitted Forged documents in our federal bankruptcy case too and we will never stop perusing them in court for damages. We are also asking our Federal judge to prosecute their current attorney out of Jacksonville Florida who continued to defend this case knowing that forged document are before a federal court. All the offending parties at SN Servicing and their attorneys are committing a serious crime against our country. We have filed a formal complaint with the FBI and the US attorney general and many great Judges all across this nation are finally stopping them from this kind of fraud on American families. US Bank and SN servicing and their attorneys are also violating a serious consent order that was to protect the people from these crimes but they could care less. Please feel free to have your clients join a class action suit so that we can end their behavior with a multi billion dollar punitive damage suit. Join us, call Ray Shelton in Florida at 352 274 8467

  2. for iwantmynpv, please contact me via facebook Katrina smith. There are many of us who want to make Mnuchins life miserable so anything you can help with would be great. I perhaps can give you some info I have and we need all the help we can get..

    Please contact me soon if you can thanks.

    (Since, I have read the entire structured transaction with IMB Holdco and the FDIC to the extent I could have written it – I will start with making Mnuchin’s life miserable – move to sticking a Stumpf up John’s ass, and than I am going to refocus on Fortress and the Ogres at Ocwen. I will change the world… and of course I will blame it all on Neil when they come a hunting for the party who released the deep dark secrets.)

  3. Max Gardner citing Restatement (Third) Mortgages (Property)

    “5.4(c): A mortgage may be enforced only by, or on
    behalf of, a person who is entitled to enforce the obligation”.

    Seems to me people in Arizona (Hogan) would be interested in this.

    I don’t know siccum about the Restatement, but other than this, from the thimble I’ve seen, I don’t like it much. I’m only mentioning this 5.4(c) for the benefit of Arizonans who are unbelievably seeing their homes snarfed by those alleging to be the dot bens without benefit of the note.

    Max mentions that only a few states require an assignment to be recorded (to be effective between the assignor and assignee). True enough. But, I still maintain that ENFORCEMENT requires Notice, and I hope to prove it in this lifetime.

  4. @Bob Hurt

    I’ve read your critique of Glaski courts decision on your website.

    I’m of the opinion that you need to find something else to which to devote your time and energy. Legal analysis clearly is not your forte. You’re embarrassing yourself.

    just sayin’

  5. I am intrigued by iwantmympv response where you mention OWB and Mnuchin. I have 450 people who are also trying to make Mnuchin’s life miserable, many of us want to do the same and are trying very hard. Would love to talk with you about your thoughts on the FDIC and IMB holdco and more; you can get my contact info by sending an email to indymaccomplaints@gmail.com ask for contact info for fedupfighter and please identify yourself as iwantmympv. We can share a lot of good info perhaps. I don’t want to post it in the message as OWB reads this site. I give Max permission to share my email with you if you want to get it that way.

    Thanks

  6. nevermind

  7. Go figure. central states story is gone. :X

  8. @iwantmynpv, I appreciate the offer. However, my lawsuit is about breach of contract on a court-ordered settlement agreement that Ocwen breached. They do not have anything filed with the Reg. of Deeds as to ownership and even the fraudulent MERS has no evidence of a transfer of title. I am debating what discovery to do at the moment. Would like to talk very much. Let me know. I have to be careful, because opp. counsel reads this site.

  9. bobhurt
    law school?
    really?
    with that attitude?

  10. Deb,

    When was the last time you took a vacation…? Shouldn’t you? A real one, i mean. 2 weeks without computer, mail, work, stress of any kind. Somewhere where people don’t have any of that and still manage to be HAPPY!

    Do you see how much power you give those banks over you?

  11. @ bobhurt ,

    I visited your website where you go begging for donations , supposedly for law school ..

    If you made it to age 70 and haven’t discovered that it isn’t who is owed but IF they are owed that matters I cannot help you … maybe I’ll send you a bill for $25,000 with clear instructions on WHO to pay (me) and then sue you when you refuse… It would be instructional for you.

    You said … “So, kindly tell me what any of this has to do with whether the mortgagor owes the debt and must forfeit the collateral for breaching that note. ”

    Did you look at the flow chart and the conditional branching for each and every step? You claim to be a programmer , get out your flowchart template sparky .. try to remember Boolean logic … not only was the transaction NOT TRANSPARENT and based on fraud but the banksters have created a scenario where failure is the desired result , gaining for them immeasurable wealth at the worlds expense. If you cannot see this clearly from the presentation then you have absolutely no chance of ever graduating … maybe you can create another fraud cancer cure website… maybe I’ll send you some almonds

    I’m glad you escaped the “Christian Science” fake religon that sucked in your father (per your cancer website http://www.cancercure.ws/ ),, wouldn’t want the space monsters to get you. But then you should know all about that as you live in the Scientoligists backyard… they only want your money ,, and prey on gullible fools like John Travolta and Tom Cruise.

  12. So, kindly tell me what any of this has to do with whether the mortgagor owes the debt and must forfeit the collateral for breaching that note. Does the court have any doubt about whom the borrower should pay? Isn’t it obvious from the mortgage and notices that the borrower MUST pay the SERVICER? So, why should the foreclosure trustee or the court care who owns the note?

  13. @iwantmynpv:

    Please contact me- I need an Army of Davids as I go into the 51st month of litigation against OneWest Bank:

    https://www.facebook.com/FreeSteve
    If this above link does not work: Its FreeSteveNow on Facebook

    And thanks Neil for your continued work to get the “real” word out. I could not have made it this far without the info on your blog/ both from your posts and readers comments.

  14. Oh nooo
    Hold onto our ” kegals” hell yea but i meant legal rights. Honestly i do not do this on purpose. Ill be off to werk now.

  15. Its unreal that with something so obvious we gotta show HOW come they knew, the bigger wheel turning that christine talks about is real i believe but what about our LAW. The rule of law. It must prevail. The alternative is un thinkable, we must hold onto our kegsl rights yo due process and the right to a jury trial.

  16. NPV- you were always a nice person. everybody is on here we are simply truth seekers, and bloody fed up.
    I thought about your answer for my question . it still brings me back to the fact that borrowers had not a hope in heck of repaying because the market was hugely inflated (bubble) well known now and talked about like it does not matter anymore, but im still in court as I said, and the appraisal negligence was a huge factor in manufacturing the hostile housing market 2004 to 2007, we relied on the experts and banks representation and evaluations when purchasing the home. the granting of higher loan amounts (jumbo loan) I ask you as a prudent lender they should have know, did know, they knew that borrower would default, ( and in my case they got the home back, but.. median home PRICE outstripped median income by close to 50% in AZ at the time I purchased. like so many lambs to the slaughter I lost assets that represnted my whole lifes labor because of this reliance. I just know this is where my particular claim lies , (as well as other stuff) in honest to gods truth. we shall see. Let the chips fall where they may. godspeed.
    have a great Saturday all.

  17. Iwantmynpv,

    We are in agreement that everything we have seen, thus far, is a charade.

    In fact, I have said over and over that foreclosure were meant as a distraction to keep people from looking squarely at the global situation and that the fact that the US say nothing about BRICS, the creation of their own central bank, the invasion of Africa by China (and, very interestingly and unlike the plundering colonialists, the mixing of Chinese with the local populations which I certainly view as an evidence that China intends to remain there for good and not solely to pillage all the continent’s resources), the statements from IMF Lagarde, Karen Hudes interviews, etc. etc., everything tells me that globalization is ongoing but also that it will be a socialization of the planet (as in: global social measures v. a socialization as in: establishment of socialism globally).

    What i keep saying too is that what this country used to be no longer is and will not come back. John Wayne is dead for good and it took his America with him.

  18. @louise I have officially become a nice person as of today. I am willing to help you for free on your case and have most of your SJ motion prepared already. I need to know if it is a Trustee suing or one West on the portfolio crap sitting at the FHLB of San Francisco.

    All on this site, I have decided to be a nice person, and no longer whore myself out to the highest bidder. All advice is free, and it is ten times better than any attorney could provide.

    Since, I have read the entire structured transaction with IMB Holdco and the FDIC to the extent I could have written it – I will start with making Mnuchin’s life miserable – move to sticking a Stumpf up John’s ass, and than I am going to refocus on Fortress and the Ogres at Ocwen.

    I will change the world… and of course I will blame it all on Neil when they come a hunting for the party who released the deep dark secrets.

    Second, Christine- some folks do actually carry a genetic 6th sense, which enables them to sense something is terribly awry. Watch the Yen plummet at the end of the month – regardless of this little charade in Washington designed to life them past the hump. Remember, if not for Fukishima, Japan would already have collapsed.

    That is why we have tripled our military presence in the region. The Chinese are salivating. It is all smoke and mirrors. Notice how quick the Syria initiative fell off the spectrum when it was discovered that the folks saw past it in polling, did not want war, and insisted it was a distraction. With all this talk about the debt ceiling being raised, I have failed to see one article mentioning how much these scumbags intend to move. They must first heighten the tension, create the diversion (obamacare), and sneak it in on an all or none bill.

    This is a scam. Look past the forest for the trees, bush’s, Obama’s Boehners and scumbag Clintons who are never far off the stalking track.

  19. Read the last sentence a few times and ask yourselves what is really going on. Offshore accounts being investigated, banks under inquiry and assessed substantial fines, military officers resigning left and right, I am tempted to read all of it as evidence that something much more important than we are told is really taking place to reverse the trends of the last 30 years. Keeping my fingers crossed though…

    http://news.firedoglake.com/2013/10/02/shutdown-estimated-to-be-costing-us-economy-300-million-a-day/

    Shutdown Estimated To Be Costing US Economy $300 Million A Day
    By: DSWright Wednesday October 2, 2013 10:15 am

    “The longer the shutdown, the more damage will accrue to business and consumer confidence,” Eric Green, New York-based global head of foreign exchange, rates and commodities at TD Securities USA LLC, wrote in a note. “A longer shutdown stretching into mid-October, when the Treasury estimated that the debt ceiling will need to be raised, would likely magnify the hit to economic activity by raising the risk of a bad outcome on the debt ceiling.”

    This may explain Corporate America’s jump to supporting President Obama over the Republicans. Big Business knows the truth about “free market” capitalism, it needs the government to survive. It’s all fun and games to wax philosophical about Ayn Rand but without government support the corporate sector is dead meat. And if the House GOP actually forces a default on the debt ceiling the 1% – the people who actually own financial assets – would be destroyed directly while the 99% would only be damaged by the ancillary consequences and might even come out the better for it pending on how the economy and financial system were rebuilt.

    Koch Brothers call your office.

  20. Corporate Press Joining Government At Disturbing Rate
    By: DSWright Thursday October 3, 2013 9:29 am

    Try to act surprised when I tell you there is an incestuous relationship between the corporate media and federal government. Wall Street didn’t invent the revolving door between government and business. And for those in the “mainstream media” journalism it’s first and foremost a business. So why not steal talent from your competitors? From corporate journalist to government official and back again.

    The problem of course is that journalists are supposed to be a First Amendment check on government power and it is hard to keep someone in check while asking them for a job.

    Enter the age of faux-journalism: light oversight and lots of résumé padding.

    Jay Carney says it was a simple calculation. He could continue as a reporter and writer for the rest of his working life, or he could try something new and different…

    As it happens, Carney was an early adopter. He was among the first of what has turned out to be a parade of journalists who’ve turned in their press badges for work in the Obama administration. In a trend that has raised some eyebrows among Obama’s critics, at least 20 reporters and editors from mainstream news organizations have taken high-profile positions in the administration within the past five years.

    Read the rest here http://news.firedoglake.com/2013/10/03/corporate-press-joining-government-at-disturbing-rate/

    That’s how freedom of press disappears. A lot of freedom we took for granted is no longer. And it is getting worse.

  21. Nice UKG!!
    I have to keep an eye open here, Central states is the very starting point of the wonderful mess I am in.

  22. I’m definitely not the only one to say it. I like it when a former Secretary of treasury concurs with me… Even if bloggers don’t agree. That guy has been shouting the truth for ever. Keeping people scrambling in fear to avoid foreclosure while every possible abuse is being perpetuated is what it’s been all about all along. And it’s worked extremely well so far! Proof is… people haven’t even been capable of uniting!!!

    And to make matters better (or worse, depending…), they keep re0electing the same clowns over and over.

    http://www.counterpunch.org/2013/10/03/obamacare-is-another-private-sector-rip-off/

    October 03, 2013

    It Only Works for Employers and Insurance Companies
    ObamaCare is Another Private Sector Rip-Off
    by PAUL CRAIG ROBERTS

    The government of the “world’s only superpower,” the “exceptional,” the “indispensable” country, claims to know what is best for Syria, Iraq, Afghanistan, Libya, Yemen, Pakistan, Somalia, Mali, Russia, Venezuela, Bolivia, Ecuador, Brazil, China, indeed for the entire world. However, the “indispensable” country cannot even govern itself, much less the world over which the “superpower” desires hegemony. The government of the “world’s only superpower” has shut itself down.

    The government has shut itself down, because it cannot deal with the budget deficit and mounting public debt caused by twelve years of wars, by financial deregulation that allows “banks too big to fail” to loot the taxpayers, and by the loss of jobs, GDP, and tax base that jobs offshoring forced by Wall Street caused…

    … Obamacare benefits only two classes of people. It benefits employers who drop their employees working hours below the hours specified for Obamacare coverage, and it benefits the insurance companies or the IRS who collect the premiums and penalties.

    Many of the people who pay the premiums won’t be able to use the policies because of co-pays and deductions.

    The very poor with no assets might receive health care if they reside in states that accept the Medicaid provisions of Obamacare.

    In 21st century America, the few people who have experienced income gains are the executives and shareholders of firms who offshored their production for US markets, Wall Street which makes bets covered by the Federal Reserve, and the military-security complex which has been enriched by the neoconservatives’ wars.

    Every other American has lost.

  23. Deadly Clear, your e-mail through your website is bouncing back. Thanks, Great work, Max.

  24. Reblogged this on Deadly Clear and commented:
    This is one of the most comprehensive explanations ever published. Thank you Max for the hard work and all you do for all of us.

  25. Brilliant !

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