THE NEIL GARFIELD SHOW STARTS THIS THURSDAY AND EVERY THURSDAY AT 6PM

Thanks to the folks at Blog Talk Radio, we are finally going back on the air on a weekly basis every Thursday at 6PM Eastern Time, 3PM Pacific Time, and if there is no operator error (that would be me), the shows will be saved as Podcasts and you can listen to them anytime you want. IT’S FREE! (Except for the sponsors).

Our intended audience includes, investors who were duped out of their money to buy bogus mortgage bonds, investors or buyers of resales or foreclosures who think they have clear title but don’t, and homeowners as investors who stand to lose not only their investment but their entire lifestyle. We all know what the banks did was wrong. We all know that what they are still doing is wrong.

Let’s get together and do some work on how to convince a judge or prosecutor that Wall Street corruption does make a difference and should never be allowed.

Click in to tune in at The Neil Garfield Show

Or call in at (347) 850-1260, 6pm Thursdays

You know the subject — the biggest economic crime in human history and the price investors and homeowners are paying for it. You know the goal — claiming your rights, defending your home and recover damages from wrongful foreclosure and predatory loan practices. The format of the 30 minute show will be news, analysis (or guest interview), and question and answer. It is just like the old teleconferences we had, only better. You can start a chat with me on the side, call in for a question, or write in comments.

Come learn the new system with me and don’t laugh at me when I screw it up. I’m very sensitive🙂 Come learn something you didn’t know. We will be covering the latest info on what works and what doesn’t and why.

The show is sponsored by Livinglies, GTC Honors, and the law firm of Garfield, Kelley and White, LLC with main offices in Tallahassee and additional offices in Broward County and Dade County.

Additional sponsors are invited. Not all offers of sponsorship will be accepted, in the sole discretion of the Show’s Host.

This show is for general information only and not to be used as a substitute for real advice from a licensed lawyer who practices in the geographical area in which your property is located or transaction occurred. The show is not a solicitation or offer of services.

31 Responses

  1. Reblogged this on Deadly Clear and commented:
    Please share this information with your friends and families. Good attorneys like Neil Garfield and Gary DUBIN (Sundays at 3 pm HST) are trying to get the word out so that the average homeowner, judge and legislator understands how corrupt this Wall Street debacle has become. Knowledge is power. Tune-in and learn.

  2. A conveyance happens when a property owner transfers property to a new owner. This is known as a voluntary property transfer, or title by deed. This lesson explains voluntary property transfers and title by deed.

    Voluntary Property Transfers
    Today, you’re a real estate attorney! Mary Mulligan and her three sisters are selling their family home. It’s been in their family for almost a century and changed hands within their family many times. They’ve hired you to help them because this will be the first time it will be owned by someone outside of the Mulligan family, and there’s a lot involved to make sure this conveyance, or property transfer, goes smoothly.

    The sale of real estate is one form of voluntary property transfer, or property conveyance. Property is also voluntarily transferred when it’s gifted or left through a will. Voluntary transactions may seem straightforward, since they’re transactions that are purposeful and intended by both parties. But the act of transferring real property can sometimes be complicated.

    This is because there are several different legal steps that must be achieved before a property is considered to be properly, and therefore legally, transferred. As the attorney, this will be your job. You will determine which steps the family must take, and then help the family take those steps in order to secure a legal transfer of the property. You’ll oversee the signing, sealing and delivery of this entire legal process for Mary and her sisters. Let’s take a look at the process.

    What Is a Deed?
    You’ll want to start by discussing the deed with Mary and her sisters. A voluntary property transfer is also known as a title by deed. This is because title is defined by who holds the deed. A deed is the legal document that transfers ownership of the real property from one party to another. Title is simply another word for ownership. Let’s say that Mary and her sisters sell the Mulligan house to Max. They’ll execute a deed that transfers ownership, or title, of the house to Max. Max will have title by deed.

    Mary and her sisters will need to put together a deed for the new owner, but the deed won’t be quite that simple. As the attorney, you need to make sure that the deed contains certain legal details. By law, the deed must be drafted so that it meets particular execution, or procedural requirements.

    In order to be legally executed, or finalized, a deed must:

    Identify the buyer
    Identify the seller
    Identify the property using the legal description
    Be signed by the person transferring the property and
    That signature must be properly notarized
    The legal description of the property is a description of the property using the U.S. Public Land Survey system rather than a numbered street address system. This legal description is required in all instruments of conveyance, but remember that the Mulligan family has owned this home since it was first built.

    There’s a possibility that this property has never had a survey done, or that one was done but it’s been lost. You’ll need to research this issue. If there’s no recent legal description of this property, then you’ll need to order a survey of this property so that an accurate legal description can be added to the new deed.

    Two Types of Deeds
    Generally speaking, there are two main types of deeds used in voluntary real property transfers. You need to decide which one would be best for Mary and her sisters to use. The first is a warranty deed. This is the most common type of deed. This type of deed transfers ownership and promises, or warrants, that the seller is transferring a good and legally valid title to the property.

    You’ll use this type of deed if your title research shows that Mary’s family holds a clear, legal title to the house. The Mulligan family’s warranty deed to Max, then, might say, ‘We promise that we own the house that we’re selling you, and the title to it is legally valid and good.’

    The second type is a quitclaim deed. This type of deed transfers the ownership interest the seller has in the property, but doesn’t promise, warrant or guarantee that interest. Remember that the Mulligan house has changed hands many times throughout the generations. Mary tells you that it’s been mortgaged several times, and that it was maybe even foreclosed on. Several years ago, Mary and her sisters even remember hearing a story that Great Uncle Samuel lost the house in a bet back in the 1920s.

    This is all concerning! If your research shows that Mary and her sisters may not have good or full title to transfer, then perhaps you’ll want to suggest that they use a quitclaim deed. The Mulligan family’s quitclaim deed might include language that says something like, ‘We fully transfer to you the entire interest that we own in the house, whatever that interest might be. However, we don’t warrant that interest or guarantee our title that we’re selling you, and we don’t hereby guarantee that we own any particular interest in the property.’

    Delivery and Acceptance
    Once you’ve decided what type of deed would be best, you know you’ll need to draft and execute that deed. Once the deed is executed, the next step is delivery and acceptance of the deed. These steps involve the participation of the buyer.

    Delivery and acceptance means that the executed deed must be delivered to, and accepted by, the buyer of the property. If the property is being gifted, rather than sold, then delivery and acceptance will involve the person to whom the property is being transferred. Delivery and acceptance might seem trivial, but it must take place in order to have a legal conveyance of the property. For this reason, the delivery and acceptance are normally handled in an official and more formal manner.

    For example, as the attorney, you won’t want to send your assistant Skip over to leave the executed deed on Max’s front porch. This isn’t an official delivery, and Max didn’t, as far as we know, accept the deed. We won’t know if Max ever actually got the deed. It would, however, be acceptable to mail the deed to Max using certified mail, so that Max has to sign for the deed when he receives it. That way, we know the deed was delivered and that Max accepted it.

    If the buyer is in the possession of the deed, then it’s assumed that the deed was properly delivered and accepted. For example, if Max shows up at the courthouse to record his new deed to the Mulligan house, then it will be assumed that the deed was properly delivered to him, and that he accepted the delivery of the deed. Delivery and acceptance doesn’t have to be proven in any particular way. It also doesn’t have to be accomplished in any particular formal or official manner, as long as it can be shown.

    Recording the Deed
    The reason delivery and acceptance are so important is because the buyer can’t record the deed if he or she doesn’t possess the executed deed. Recording simply means publicly filing the deed with the county land office where the property is located. This is the last step in the voluntary property transfer process.

    Once the deed is properly recorded, the property will have officially changed hands. Recording is the process that allows others to know that the buyer now owns the property. It puts others on notice that he or she is now the owner, and, by doing so, protects the new owner’s property interests. Simply put, the sooner Max records his deed, the sooner he can prevent anyone else from falsely claiming title.

    Let’s say that someone else files a claim to the land, like a judgment, before Max records his deed. Max says he didn’t have his deed, and so he couldn’t record it. He blames you. This is why delivery and acceptance is an official step that must be legally accomplished. You will need to show that the deed was delivered to and accepted by Max in order to show that it was his fault that he didn’t properly act to secure his interests.

    It’s important to note, though, that in most real property sales like this one, the escrow closing agent would record Max’s deed the same day that the Mulligan sisters and Max close the sale of the home. Max wouldn’t usually have to record the deed himself, and you wouldn’t have to deliver the deed to Max.

    Lesson Summary
    Let’s review. The sale of real estate is one form of voluntary property transfer, or property conveyance. Property is also voluntarily transferred when it’s gifted or left through a will. All of these voluntary property transfers are also known as title by deed. This is because title is defined by who holds the deed. A deed is the legal document that transfers ownership of the real property from one party to another. Title is simply another word for ownership.

    Generally speaking, there are two main types of deeds used in voluntary real property transfers. The first is a warranty deed. This is the most common type of deed. This type of deed transfers ownership and promises, or warrants, that the seller is transferring a good and legally valid title to the property.

    The second type is a quitclaim deed. This type of deed transfers the ownership interest the seller has in the property, but doesn’t promise, warrant or guarantee that interest.

    Both of these types of deeds must be drafted so that they meet particular execution, or procedural requirements. In order to be legally executed, or finalized, a deed must:

    Identify the buyer
    Identify the seller
    Identify the property using the legal description
    Be signed by the person transferring the property and
    That signature must be properly notarized
    The next step in the transfer is delivery and acceptance. This means that the executed deed must be delivered to, and accepted by, the buyer of the property. Delivery and acceptance is important because the deed can’t be recorded if the buyer doesn’t possess the deed.

    Recording simply means publicly filing the deed with the county land office where the property is located. This is the last step in the voluntary property transfer process. Once the deed is properly recorded, the property will have officially changed hands

  3. A contract won’t be enforced if it’s based on fraud or misrepresentation. These are civil causes of action regarding the formation of a contract. Both of these causes of action involve a statement of facts that is untrue. This lesson explains fraud and misrepresentation in contract formation, and takes a look at a case example.

    Krysa v. Payne
    There are several civil causes of action regarding the formation of a contract. A contract won’t be enforced if it’s based on fraud or misrepresentation. Both of these causes of action involve a statement of facts that is untrue. Let’s take a look at a fairly well known contract law case that involves fraud and misrepresentation. It’s a 2005 case from Missouri. Shelly and Frank Krysa needed a new car. They were looking for a dependable truck that had room for their whole family. After several trips to Payne’s Car Company, they found a 1991 Ford F-350 pick-up truck.

    Interestingly, the truck was parked at the back of the lot and running when they saw it. They were told the battery was recharging. They also noticed that the hood was a different color than the rest of the car. They were told not to worry, that the truck was in perfect condition, and that it was a trade-in vehicle that had only one previous owner. This was all good news for the Krysa family.

    The Krysas bought the truck. They used the truck but quickly noticed several severe problems, including a smashed radiator, difficulty in starting and even broken glass under the seats. The Krysas decided they should get a CARFAX report for the truck. The report showed that the truck had 13 previous owners, when the Krysas were told there was only one. The Krysas went back to the dealership to complain, and Payne’s admitted there were problems with the truck. Payne’s offered the Krysas a credit toward the purchase of a different Payne’s vehicle. The Krysas were worried about the history and safety of Payne’s cars and so they declined Payne’s offer.

    The Krysas then hired an automotive expert to look at the truck. The expert noticed that the truck was actually two different vehicles. The two vehicles had been welded together. The expert told the Krysas that the truck was unsafe and they shouldn’t drive it. The Krysas then sued Payne’s for fraud and misrepresentation. So, what are fraud and misrepresentation? And what did the court think about the Krysa’s case?

    Fraud
    Unfortunately, sometimes a party is purposefully dishonest when making a contract. This certainly seems to be what happened to the Krysa family. Fraud is any intentional misrepresentation of a material fact, made knowingly and made with the intent that the other person will rely on the fact. Contract fraud is a type of fraud where the intentional misrepresentation of a material fact is made in the formation of the contract. In contract fraud, a material misrepresentation is a false statement that has substantial effects on the formation of the contract.

    For example, the Krysas had a contract with Payne’s for the sale of the truck. The Krysas would pay Payne’s, and Payne’s would provide the truck that Payne’s described. Payne’s told the Krysas that the truck only had one owner and was in perfect condition. Since the truck actually had 13 owners and was a pieced-together, unsafe vehicle with major damage, this is a material misrepresentation and will constitute contract fraud.

    If, however, Payne’s told the Krysas that the truck had one previous owner when in fact it had two, but the vehicle was still in perfect shape, then that inconsistency likely wouldn’t constitute contract fraud. Contract fraud is a civil cause of action, and can even be a criminal charge in some states. In the Krysa case, the court found that Payne’s was aware of the damage to the truck, and that Payne’s took active steps to mislead the Krysa family. This was a civil case and the court ordered a civil remedy.

    When a court finds contract fraud, it can order one of two different civil remedies. The court can void the contract and return any money or items back to the parties, so that the parties are in the positions they were in prior to the contract. Or, the court can award money damages to the innocent party. The Krysas were awarded $18,449 in compensatory damages. These are damages meant to compensate the Krysas for any actual loss or money paid. They were also awarded $500,000 in punitive damages. These are damages meant to penalize Payne’s and hopefully keep them and others from acting in a fraudulent manner. Payne’s appealed the award, but they lost.

    Misrepresentation
    The Krysas also sued for misrepresentation. This cause of action is very similar to fraud, but there are some key differences. Misrepresentation is any statement or expression by words or actions that is not in keeping with the facts. Unlike fraud, a misrepresentation doesn’t have to be intentionally misleading or false. A misrepresentation can be made with a reckless disregard for the truth or a conscious ignorance of the truth. This means that a party can make a misrepresentation when he or she doesn’t know the truth and doesn’t bother to find out.

    Like fraud, the innocent party must have actually relied on the false statement and suffered a loss of some sort. With misrepresentation, the speaker must have good reason to know that the innocent party is relying on the statement. Also, the innocent party’s reliance on the statement must be reasonable and justified.

    For example, let’s say that the Krysa family asked if the truck had only one previous owner. The salesperson didn’t know the history of the truck, and said, ‘Sure. It’s only had one owner.’ This is a misrepresentation. The salesperson had a conscious ignorance of the truck’s history and made a statement that isn’t in keeping with the facts. The salesperson had good reason to know that the Krysas would rely on the statement, and the Krysas had good reason to rely on the statement.

    It’s important to note that nondisclosure of a material or important fact can also constitute misrepresentation. For example, a salesperson can commit misrepresentation by making untrue statements about the quality of a product or by withholding important information regarding the quality of a product. In the Krysa’s case, Payne’s certainly withheld important information by not disclosing that the truck had 13 prior owners, and that it was pieced-together from two separate vehicles, even though the Krysa family didn’t specifically ask these questions.

    Misrepresentation doesn’t, however, include typical salesperson ‘puffery.’ This means that statements such as ‘The best in town,’ or ‘This is a great deal’ will not constitute misrepresentation. Like fraud, the court can remedy misrepresentation by voiding the contract and returning any property or money back to the parties. Misrepresentation can also be remedied by awarding compensatory money damages to the innocent party. Unlike fraud, misrepresentation can only lead to a criminal charge in very specific and rare situations.

    Lesson Summary
    There are several civil causes of action regarding the formation of a contract. A contract won’t be enforced if it’s based on fraud or misrepresentation. Both of these causes of action involve a statement of facts that is untrue. Sometimes a party is purposefully dishonest when making a contract. This is called contract fraud.

    Contract fraud happens when a party makes any intentional misrepresentation of a material fact knowingly and with the intent that the other person will rely on the fact when making a contract. In contract fraud, a material misrepresentation is a false statement that has substantial effects on the formation of the contract.

    Misrepresentation also involves a false statement made during contract formation. It is any statement or expression by words or actions that is not in keeping with the facts. Unlike fraud, a misrepresentation doesn’t have to be intentionally misleading or false. A misrepresentation can be made with a reckless disregard for the truth or a conscious ignorance.

    This means that a party can make a misrepresentation when he or she doesn’t know the truth and fails to find out the truth. In both fraud and misrepresentation, the innocent party must have relied on the false statement. The innocent party’s reliance on the statement must be reasonable and justified, and the false statement must result in a loss to the innocent party.

  4. “The cases I cited have not been overturned or watered down….they are precedent.”

    In a former era. Without MERS, without the rulings of the past 10 or 15 years which, incidently, have also become “precedent”… how do you reconcile that? As a judge, tell us how you’d rule today with all this “case law”. Or are you proposing we go back to the dark ages and the first property cases, regardless of the last 300 years? Because, buddy, there are a few things to straighten out if you go back that far, starting with… who the hell gave you the right to be here in the first place? Go back that far and i can promise you that a few Native friends will come forth with their own claim. Did you think about that?

    Can’t have it both ways.

    In the meantime, Butler meant well and fucked up on ethics the minute he commingled his case with those of his clients. That’s where the judges got him. Nothing to add. Hate me for it.

  5. Conversion requires intentional interference and damage. All set out for an afternoon of boating, you drive to the marina only to find that your boat is missing. The police did a bit of investigating and turns out that your boat was stolen and had considerable damage to the hull.

    What actually happened was conversion. This means illegal possession or use of another’s property, passing it off as his own property, whether intentional or otherwise. In other words, it is a fancy word for stealing.

    Check it out! The definition states that the possession or use can be either intentional or unintentional. Simply put, it doesn’t much matter whether the person who stole your boat meant to outright steal it or he thought it was just his own boat. Simply taking it is enough to prove conversion. And, this person would have to pay for the damages or loss of the boat based on its value.

    Conversion can be tricky. Suppose you found a great deal on a used cell phone from one of those free online classified advertisement websites. It’s the perfect phone at the right price. After much negotiation, you settle on a price and a place to make the purchase.

    About a month later, the police come knocking at your door and demand the phone, and suddenly, you are cuffed and taken downtown for questioning. ‘What just happened?’ you ask.

    Here’s what may have happened. If the phone you legitimately purchased was previously stolen and sold to you by the culprit, you were in possession of stolen property. Even though you did not steal the phone, you are, in fact, in possession of it, and that is conversion.

  6. They call it a 12(b)(6) Failure to state a claim for which relief can be granted…a catch-all phrase and so vague an appeal is pretty much guaranteed, if one is paying attention!

    And as all cases go: he who files, the Plaintiff, has the burden. If you don’t hit the point head-on within minutes you are toast. It is my opinion; defending an action is easier than bringing it, but the judge is the crap shoot. It is very, very difficult to bring the case, as I have found out, given it is next to impossible to get discovery, and they screw with you all the way with summary judgment requests, dispositions, removals, etc…procedure is a bitch for most of us.

    And I have brought all my cases…a long road. In hindsight I may have done some things different, but needed to learn.
    Again, no legal inference, just a dumb homeowner…

  7. ……………….”Failure to State a Claim” … You!

    ~~~~~~~~~~~~~~~~~~

    ………………..”No ” Proof of Claim … Plender !

  8. All Elements ….

    Plaintiff has to state an injury and claim that injury was caused by the defendants actions, and submit evidence in support of the affidavit.

    In the case tnharry cited .. plaintiff didn’t state a claim for injury.

    The Plaintiff didn’t plead the all of the Elements to bring the claim.

  9. If they filed a fraudulent doc … what do you want them to do?
    If you have suffered or will likely suffer harm from their action because of documents filed in the public records … what do you ask for?

    Hint … not a paddle

  10. but tolle the statute says nothing about shifting the burden. and absent that, the courts are absolutely correct that the plaintiff bears the burden of proof and must plead sufficient facts.

    as to the other issues, rulings that the borrower has standing to make claims under the PSA are very few and far between. they are not a party nor are they a beneficiary of the agreement(s).

  11. E-Tolle, .. That is asking for “Proof of Claim”.

    NOT Failure to “State a Claim”.. (an Injury/harm/damages their actions caused you).

  12. Tnharry, you appear to be missing my point, or maybe you didn’t read my original post on this subject @ January 28, 2014 at 9:33 am, when I said, “The object of this statute is to force one claiming an adverse claim or lien to establish or abandon his claim” In other words, it switches the burden of proof from the mortgagor to the mortgagee. You don’t have to ask to see the note, but if the mortgagee wants to foreclose, they’d better offer up proof of a lien one way or another, or lose the claim.

    My point was that this is not a “show me the note” claim as these judges love to shout aloud. The law in Minnesota is very clear in a quiet title case, prove your lien or lose your claim. The judges are all stating that these are all “show the note” cases, which they’re clearly not.

    And yes, I’m very familiar with “failure to state a claim”, as it’s the conclusion of 100% of the cases brought in Minnesota. It’s a very convenient way to toss a borrower, and never allow a jury to see any evidence. 91+% of all cases are dismissed on failure to state a claim.

    That’s bullshit. Before Ashcroft v. Iqbal, in 2006, federal courts dismissed an already very high 47 percent of all “financial instrument” (e.g., promissory note) claims. But after Iqbal, and after the October 2008 bailouts that operated as a back-door satisfaction of $16 trillion of consumer “financial instruments, the federal courts have dismissed an astonishing 91.2 percent of all financial instruments claims. That’s plain and simply more foam on the runway for the banks. And it’s criminal. There’s no possibility of depositions or evidence seeing the light of day, just exactly as the elite want it to be.

  13. hint – it rhymes with “failure to state a claim”…

    the burden is on the homeowner to plead facts sufficient to state a claim, not on the defendant to disprove the conclusory allegations. you can be completely correct substantively but not even get to the fight based on procedure

  14. E-Tolle, you didn’t get the point of the case.
    Read it again and pay attention to why it failed.

  15. Tnharry, you know I’m not an attorney, and therefore I’ll choose not to get into a pissing match in your field of expertise, cause, what do I know? I will, however, offer you my thoughts on this subject under the guise of a healthy debate.

    The case you posted….at least some of the rulings of that court were in fact fought and won by Bill Butler himself, in Murphy v. Aurora.

    The case you posted said:

    “….that the parties to the pooling and service agreement violated the PSA by failing to make purportedly required assignments, or alternatively that these assignments were made but were unrecorded before the foreclosure proceeding commenced which rendered the foreclosure invalid under Minnesota law.”

    And:

    Plaintiff also challenges the foreclosure by asserting that the individual who signed the August 2011 assignment from MERS to BONYM lacked legal authority to do so.

    Tnharry, a requisite to foreclosure by advertisement in MN is that all assignments have been recorded. It’s the law. The appellate court in Butler’s Murphy v. Aurora further ruled:

    “….we conclude that the district court erred in its wholesale dismissal of the quiet-title claim pursuant to Jackson. Under these two theories, assignments from MERS to Aurora of legal title to the mortgages either were unrecorded or executed by individuals lacking the legal authority to do so. (Thus reversing the lower court’s Rule 12(b)(6) dismissal).

    Furthermore tnharry, we both know that the argument that the federal judges in Minnesota love to push the boundaries of reason with, over and over again, is their statement, again lifted from your case (and they use this in each and every case in MN):

    “Further, Plaintiff’s arguments regarding the pooling and service agreement fail because Plaintiff is not a party to those agreements and lacks standing to challenge Defendants’ compliance with the PSAs.”

    Well, not if there’s any sanity involved, such as in CA’s Glaski. If in fact the PSA fails due to the underlying security being void, I’d venture a bet any day that the mortgagor should easily have a rightful claim of standing. But it’s this point, tnharry, that you and I know to be the key here….the underlying securities are all worthless, the foreclosing entities are taking homes without any rights to whatsoever, and the theft is being aided and abetted by courts across the land.

    So we, the American Homeowners, get taken to the poorhouse one by one, 24/7/365, with absolutely no aid from our government, or the very regulators as well as the IRS, who all know damned good and well exactly what’s going on here.

    In short….it’s a crime.

  16. exactly…E

  17. tnharry, Excellent Case Example for MN residents.

    Thank You for Sharing!

  18. Christine….old cases? You’re sounding more and more like a banker stooge. Your entire diatribe:

    ….“…. old cases, in an era where laws have been rewritten over and over, nationwide, mind you, and with your government and Congress’ blessing too, by judges’ rulings so that those cases you quote would, in effect, become moot, and you expect judges to actually rule against themselves and the past 20 years of case law, just because… property laws trumped evertything [sic] else in 1881 in MN?”

    ….shows on too many fronts an incredible lack of knowledge. The cases I cited have not been overturned or watered down….they are precedent. You then go off in an attempt at diversion, bringing up issues that have nothing to do with my post on quiet title law in Minnesota. The creation of the Fed? What in the hell does that have to do with my legal argument? MERS? Zero applicability. Evolution? What are you going on about? Stick to the point.

    And that point would be that these cases still rule, and they clearly spell out that quiet title in Minnesota is supported both by statute and by binding legal precedent. Please cite any example that proves me wrong here. Furthermore, while state courts must follow decisions of the United States Supreme Court on issues of federal law, federal courts must follow decisions of the courts of each state on issues of that state’s law. And that’s what I based my opinion on concerning these federal judges going off the reservation and ruling against these state law claims.

    Old cases? You mean like 1872’s Carpenter v. Longan which still holds tight today?

    Gheez.

  19. E. ToLLe,

    Let me see… you bring up old cases, in an era where laws have been rewritten over and over, nationwide, mind you, and with your government and Congress’ blessing too, by judges’ rulings so that those cases you quote would, in effect, become moot, and you expect judges to actually rule against themselves and the past 20 years of case law, just because… property laws trumped evertything else in 1881 in MN?

    Just in case you missed it, since 1881, the federal reserve came to be created, the US became a corporation and so did every single state, town, city, national park, river and everything else. Since 1881, MERS has been created and is in its 3rd generation, a fairly good indication that it ain’t going nowhere. Since 1881, borders have been created and torn down, countries have disappeared, a couple of WW have been fought, Washington State, Alaska and Hawaii, among others, have joined the US.

    You want to go back to 1881? Show us how it’s done in today’s economy and system. I’d be very curious to see that. In my book, things never go back to what they were. It’s called evolution. So, pardon us for looking at the positive in what is going on. That’s exactly why I listen to those Hudes, Martin, Mandelman, Bassett, Dolan, you name them: they believe things will get better and they don’t advocate grabbing guns to shoot everything that moves or stooping down to foreclosure mills’ level to get there. Which, incidentally, is what Butler did. Makes no difference what you think about it: a breach of ethics is a breach of ethics.

    Boy are those people angry! No wonder government wants to take their guns away! Always happens when people get confused and stop seeing straight.

  20. RE:.. “i.e. prove your claim or get the hell out”

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Or don’t bring it in the 1st place?

  21. State Court .. Yep! Yep! 🙂

    E-Tolle … You have been doing your Homework! 🙂

    Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title.

  22. Christine, you state that you know exactly why Butler did what he did, and yet you then go on with an explanation of why he should have known that the judges would gang up on him. What a ludicrous stance, to say the least. Is that what our legal system has come down to, a fear of how multiple federal judges will join forces to do an end run around the law to skewer a foreclosure defense attorney, thereby reducing the odds that any other attorney would dare to put not only his or her livelihood at stake, but even their families survival in question? That’s pure bullshit.

    You either chose to not read the cases I cited, or just decided to copy and paste what your mentor Andleman wrote about Butler; which was also a ridiculously flawed summation of the events.

    For the last time, here are the facts:

    – State property laws trumps the federal judges desires to slamdunk for the banks, period:

    559.01 ACTION TO DETERMINE ADVERSE CLAIMS.

    Any person in possession of real property personally or through the person’s tenant, or any other person having or claiming title to vacant or unoccupied real property, may bring an action against another who claims an estate or interest therein, or a lien thereon, adverse to the person bringing the action, for the purpose of determining such adverse claim and the rights of the parties, respectively.

    – Minnesota has statutes in place going back 150 years that clearly spell out Butler’s stance. Here are three cites:

    * The object of this statute is to force one claiming an adverse claim or lien to establish or abandon his claim; that with respect to the claim of the defendant the position of the parties is the reverse of that occupied by the parties to an ordinary action; that the defendant becomes practically plaintiff; and takes the affirmative in pleading and proof, while the plaintiff becomes practically the defendant, and defends against the claim. Alt v. Groff, 65 Minn.191, 192, 68 N.W. 9, 10 (1896).

    * The only facts necessary to set up a claim under the statute are possession by the plaintiff and a claim adverse to him by the defendant. Steele v. Fish, 2 Minn. 153 (1858).

    * All the plaintiff needs to show is possession; the burden is then on the defendant to prove the validity of his claim. Walton v. Perkins, 28 Minn. 413 (1881).

    These cases are unambiguous, and clearly spell out what is expected from one claiming an adverse claim on real property i.e. prove your claim or get the hell out. No where do these cases say “show me the note”, nor did Bill Butler use that phrase. That phrase was conjured out of thin air by a consortium of federal judges who decided that the best way to ensure that no one in Minnesota was ever able to use these state law defenses was to shift this possibly unique state law quiet title scenario from one of aiding borrowers in determining if there’s actually a real creditor attempting to foreclose, into one of a dubious at best meme that is clearly used to shift attention away from established property laws within the state.

    IT’S NOT SHOW ME THE NOTE….IT’S PROVE YOUR ADVERSE CLAIM! OR SHUT THE FUCK UP!

    And this group of federal judges who’ve circled their wagons in the Twin Cities have been very effective at trumping state law, as there’s not a single attorney there willing to lose everything he or she has to attempt an attack on this bullshit, other that Bill Butler, nor are there any officials higher up i.e. anyone in the legislative branch who don’t have their heads buried up to the neck into the financial services piggy bank.

    So, the last word I’ll write on the subject….either educate yourself on the facts of a case before you cut and paste others unknowledgeable rants, or simply return to cutting and pasting the same old Hudes videos, free energy hidden from the masses articles, and better yet, the aliens are among us as we speak pieces that you spend countless hours combing the dark edges of the internet to find. Your thoughts and writings on those subjects are just as informed and enlightening as your legal views.

  23. And yes, E. ToLLe,

    I know exactly why Butler did what he did. And I absolutely know that he meant well. In my book, he went the very wrong way about it. He breached the most elementary, most simple and most obvious rule he knew (or should have known) judges would gang up on him for and score on: breach of ethics. The easiest way to nail any attorney. Ask Mitchell Stein. Every single homeowner-friendly attorney has been nailed on ethics. Marc Dann is another one: that witch hunt he started as the AG going after the banks has been pursuing him eversince.

    Butler flanked devious 101. After reading what happened with Stein, Dann and many others (and he did: no one handling homeowners defense can have missed them), he ought to have been a little more creative.

  24. It’s going to get very, very ugly. Soon. Chase has been limiting cash withdrawals to $50,000 for a few months. Hardly made the news. HSBC, WF, B of A and other banks are following suit. Still doesn’t make the news.

    The banks are flat broke. They don’t have your money. They can’t give it back to you. As simple as that. They don’t even have your pension money anymore. Now is the best time to make a run for it if you want them out of your hair and a better, more solid system worked out shortly. It ain’t gonna get better: it can only get worse if people keep sitting in front of the tube, waiting for government to act on their behalf. It is bad. Really bad. And you can gorge yourself with news that Jamie boy got a $20 million raise (implying banks have Oh! so much money, they can afford it, right?), it means just exactly… jack! Jamie boy didn’t get raise: he got a participation into what, in the future, banks anticipate being able to squeeze out of you. Chase goes down… Jamie boy is flat broke. The guy lives on an illusion. His ego is built on an illusion. His arrogance is based on an illusion. He got paper stocks. And your money is gone.

    http://www.zerohedge.com/news/2014-01-26/furious-backlash-forces-hsbc-scrap-large-cash-withdrawal-limit

    Furious Backlash Forces HSBC To Scrap Large Cash Withdrawal Limit
    Submitted by Tyler Durden on 01/26/2014 13:23 -0500

    25 Jan 2014

    As a responsible bank we ask our customers about the purpose of large cash withdrawals when they are unusual and out of keeping with the normal running of their account. Since last November, in some instances we may have also asked these customers to show us evidence of what the cash is required for. The reason being we have an obligation to protect our customers, and to minimise the opportunity for financial crime. Large cash transactions have inherent security issues and leave customers with very little protection should things go wrong, by asking customers the right questions, we can explore whether an alternative payment method might be safer and more convenient for them.

    However, following feedback, we are immediately updating guidance to our customer facing staff to reiterate that it is not mandatory for customers to provide documentary evidence for large cash withdrawals, and on its own, failure to show evidence is not a reason to refuse a withdrawal. We apologise to any customer who has been given incorrect information and inconvenienced.

    Indeed, as one HSBC customer exclaimed, “you shouldn’t have to explain to your bank why you want that money. It’s not theirs, it’s yours.”

  25. And whether you like Mandelman or agree with him makes no difference: he invites people to give their take on the greatest financial scandal ever visited upon humanity and he posts the podcasts. Worth listening. It’s not a popularity contest: it’s a race against time to get this country out of the slump.

    http://mandelman.ml-implode.com/2014/01/prof-robert-hockett-need-eminent-domain-to-break-securitization-suicide-pact-killing-recovery-a-mandelman-matters-podcast/

    Prof Robert Hockett: Need Eminent Domain to Break Securitization Suicide Pact Killing Recovery – A Mandelman Matters Podcast

    Professor Hockett’s premise is simple: underwater mortgage loans and the ongoing foreclosures they create are most significant impediment to our economic recovery. Ergo, the only true solution is to reduce principal balances for those who owe far more than their homes are worth.

    He also explains that the problem is that the Pooling & Servicing Agreements (“PSAs”) that govern when and how securitized mortgages may be handled in terms of modifications and principal reductions were not written to take into account the situation we face today, and have been facing since at least 2008. He sees them as “suicide pacts” that are at this point not only preventing our economic recovery, but on a course to cause irrevocable harm to investors and homeowners as well.

    And he says cities need to employ the power of eminent domain to break the suicide pact and provide for the writing down of mortgage balances before it’s too late. It’s a plan he and his colleagues have been discussing for roughly six years… and theirs is a group of very smart guys.

  26. Richard Roman is a crackerjack of an attorney in TX and a warrior. I’ve refered a few people to him and… he gets results! Apparently, he is really pissed! And rightfully so.

    http://www.msfraud.org/use-mortgage-settlement-money-for-victims_1-14.html

    Richard Roman: Use mortgage settlement money for victims
    By / Guest columnist | January 26, 2014

    Attorney fees in indigent defense cases prompted the question: “What’s the price of justice?”

    Unilaterally increasing the fees is not the answer. The Texas Constitution does not empower judges to burden taxpayers with increases in indigent defense expenditures.

    Taking money from innocent homeowners victimized by the subprime mortgage crisis to pay for indigent defense is not justice.

    El Paso families have been impacted by unexpected medical bills, layoffs and the government shutdown. Many fell behind on their mortgages. Dealing with less-than-compassionate banks was no help. Some banks were guilty of questionable practices.

    Recently, Texas Attorney General Greg Abbott’s office settled mortgage lawsuits filed in E1Paso courts. Millions of dollars of relief were obtained for homeowners. Yet in December 2013, Abbott explained how settlement funds were used to fund Texas Indigent Defense Programs. Documents obtained through open records requests verified that foreclosure settlement funds were deposited into the Texas Judiciary Fund.

    The U.S. Department of Justice and a group of state attorneys general recently settled with mortgage servicers to assist struggling homeowners.

    Last November a $13 billion settlement that JP Morgan Chase reached with government regulators was touted as the “largest settlement with a single entity in American history.”

    The Los Angeles Times said that of the $13 billion, $7 billion was tax deductible and $4 billion was from a “separate” settlement (the Federal Housing Finance Agency). The remaining $2 billion was for promoting “lending in low-income communities.” Eligible borrowers should begin receiving calls in March.

    As for Texas, state Sen. Jose Rodriguez recently stated, “In the best of all possible worlds, the state ought to raise taxes to adequately fund civil legal services and indigent defense, but we all know that the state is not willing to do that at this time.”

    This funding debate is not limited to Texas.

    New York Gov. Cuomo is in a dispute with the Working Families Party and New York Attorney General Eric Schneiderman over who gets $600 million from a foreclosure settlement Schneiderman negotiated with JP Morgan Chase. He argues his office has sole discretion over the money and it should go to homeowners. Cuomo said he and the Legislature should decide.

    “This money should go where it’s needed most – to underwater homeowners victimized by Wall Street’s subprime crisis,” said Working Families Party National Director Dan Cantor.

    Critics argued that putting it in the state’s general fund short-changes those who lost their homes in the mortgage crisis because the funds could be used for any purpose. They said that “similar settlements in the past, including those entered into by Cuomo when he was attorney general, stayed within the AG’s office. None were this size, however”.

    An El Paso task force was created to look at indigent defense issues. Perhaps a task force should be formed to study “innocent” homeowner relief.

    There was an unjustified $2 million increase in private reimbursements for indigent defense this year. An additional $500,000 is being sought for the remainder of the fiscal year. County Judge Veronica Escobar said the county will “pull the money from our contingencies if we are forced to do it.”

    The Council of Judges has been asked to reconsider their vote to raise attorney fees. Attorneys should be fairly compensated for their indigent defense work. However, money secured from mortgage litigation should go where it’s needed most – to innocent homeowners victimized by the subprime mortgage crisis, not towards funding indigent defense.

    Gov. Cuomo and Attorney General Schneiderman appear to have settled their dispute over how New York will use mortgage settlement funds.

    Perhaps Texas and El Paso County can do the same.

    Richard Roman is an El Paso attorney and former district judge.

    This article first appeared in the El Paso Times, but shortly after MSFraud posted it, the links went down, so we posted it here.

  27. I am a client of your firm. Very much looking forward to tuning in. I have learned so much from you and hope to Finally come to some long sought answers with your help

  28. Got Mortgage payments Find out where you’re payments are really going? the banksters are draining the economy. They broke the chain of title and sold your loan multiple times While you the sucker are making predatory payments.

    New business Neil instead of dealing with people with no money.

  29. Thank you for doing this Neil.

  30. Neil, If I laugh, just know I’m not laughing at you, I’m laughing with you! 🙂 You have been right all along… this could have been settled long ago if everyone had agreed to take a partial loss. But instead ..Politics” got in the way and those who benefited from this Gross Criminal Theft got even richer.

    Time to Give them a Dose of their own Medicine.

    I Live by the “Golden Rule”.
    Now its time to start returning the Love, in the same way it came.

    You reap what you sew. Sew your seeds carefully my friends.

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