Tonight! The Neil Garfield Show —Why is there more than one loan number?

Transforming Foreclosure Profit into Secured Debt

Thursdays LIVE! Click in to the The Neil Garfield Show

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

The simple answer is that it is possible to change loan numbers and the change could be related to combining data between two entities where the loan papers or servicing rights are supposedly being transferred. If Company A for example uses a 10 digit format for loan numbers and then “transfers” the loan to company B which uses 11 digit format for loan numbers, the loan number would need to be changed.

That said, it is often indicative of multiple transfers off record — i.e., where undisclosed third parties had possession, rights or even ownership of the loan documents. One of those parties might have more rights to enforce than the foreclosing party in your present case.

DISCOVERY:

Identify all loan numbers, including MIN, and any index used in alleged aggregation of loans that have ever been associated with the subject loan.

Describe the factual circumstances in which each loan number was used.

Produce all documents as defined herein that relate to ownership of  the subject debt.

Produce all documents as defined herein relating to transfer of any written instrument relating to the subject debt.

GET A CONSULT

FREE RESEARCH: Go to our home page and enter subject in search bar.

GO TO LENDINGLIES to order forms and services. Our forensic report is called “TERA“— “Title and Encumbrance Report and Analysis.” I personally review each of them for edits and comments before they are released.

Let us help you plan and draft your answers, affirmative defenses, discovery requests and defense narrative:

954-451-1230 or 202-838-6345. Ask for a Consult.

REGISTRATION FORM: You will make things a lot easier on us and yourself if you fill out the registration form. It’s free without any obligation. No advertisements, no restrictions. The consult is important to determine how we may be of assistance in the drafting and filing of documents in court or complaints directed to law enforcement.

Purchase audio seminar now — Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense including 3.5 hours of lecture, questions and answers, plus course materials that include PowerPoint Presentations.

THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

=====================

Where it appears that more than one loan number has been used to identify the subject loan, there is more discovery and more investigation to do.

This can occur as the result of many possible events. Some of them are benign.

Mr. Garfield often states that when more than one loan number is observed or revealed, further investigation and discovery should follow that path. He says that multiple loan numbers can be clues or evidence of the assertion that there have been more players in the chain of title than has been disclosed.

Most importantly, one of those undisclosed third party players could still in fact have a claim based upon the note and mortgage — or the proceeds of payment or liquidation; but our analysis in other cases has shown that while some party might have a claim based upon a paper instrument, the underlying debt was not funded or purchased by the party staking claim to the right of enforcement of the instrument.

This is often corroborated by the absence of any asserted claim that the debt is being enforced in addition to the paper instruments. A full case analysis would be necessary, following the TERA report, to flesh out this and other issues.

Note the distinction between claims about ownership of rights to the paper instrument and claims relating to receipt of payment from borrowers or third parties and receipt of payment upon liquidation of the property by sale to an alleged third party. For example, the master servicer might be collecting all the proceeds as “recovery of servicer advances” which means the foreclosure action was not for the alleged creditors/investors or trust but rather for the benefit of the master servicer.

This would mean that the foreclosure is being pursued not to provide a remedy to an injured party, but rather for the purpose of protecting future income. The defense would be that advances were made to the “beneficiaries” or “investors” by the servicer; but the truth is that such advances are made from a reserve “slush” fund that is in actuality a dynamic dark pool consisting of money from many investors in many trusts.

Hence there is no “recovery” but there is still collection of what the Master Servicer declares were “servicer advances.” That is profit, not reimbursement of expense. If that is the case, then the foreclosure proceeding is essentially riding the tail of servicer advances which by self-proclamation have turned an expectation of future profits into the illusion of a secured debt.

========================

Cesspools and Loan Pools: Ocwen Sells Servicer Advances for $600 Million

For further information please call 954-495-9867 or 520-405-1688 This is for general information only. Get a lawyer. =========================== First of all let me thank all of you who wrote in sending me your prayers and best wishes. It worked. The surgery went fine and I recovering without complications. =========================== see http://dsnews.com/news/11-16-2015/ocwen-closes-servicing-advance-securitization-worth-600-million Servicer advances are just […]

SERVICER ADVANCES: The Big Modification—> Foreclosure Scam by Wells Fargo and Others — “Better be 90 days behind”

See West Coast Workshop Northern California For further information or services please call 954-495-9867 or 520-405-1688. This is not a legal opinion on any specific case. Get a lawyer. ====================================== see http://www.occupy.com/article/how-wells-fargo-fraudulently-foreclosed-florida-homeowner The Big Question: How can there be a declaration of default when the creditor is showing no default and no loss on its […]

Use of Factual Findings of Servicer Advances

It is important that the content of the report dealing withservicer advances be argued strenuously.Servicer advances have been received by the creditor, thus reducing the amount the creditor is expecting to be paid. Hence there should be reduction in the amount that is due from the borrower — to the extent thatactual payments have been […]

Servicer Advances, Modification of Loans and Sundry Matters

I appear to have sparked some controversy over my comments that were directed at modifications and servicer advances — subjects that are not necessarily related. But they could be related — as where the homeowner seeks a modification on which there have been servicer advances. So to answer some questions about Modifications, I will first […]

Servicer Advances: More Smoke and Mirrors

Several people are issuing statements about servicer advances, now that they are known. They fall into the category of payments made to the creditor-investors, which means that the creditor on the original loan, or its successor is getting paid regardless of whether the borrower has paid or not. The Steinberger decision in Arizona and other […]

Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances

It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to […]

Federal Bankruptcy Judge Explains Wells Fargo Servicer Advances

In order to obtain forensic reports including servicer advances please go to http://www.livingliesstore.com or call 520-405-1688. for litigation support to attorneys call 850-765-1236. ——————————— Mortgage Lenders Network v Wells Fargo, Chapter 11, Case 07-10146(PJW), Adv. Proc., Case 07-51683(PJW) In an adversary proceeding in which evidence was presented, Judge Walsh dissected the confusing complex agreements involving […]

ATTENTION LAWYERS: ARE SERVICER ADVANCES ARGUABLY A NOVATION

Where “servicer” advances to the trust beneficiaries are present, it explains the rush to foreclosure completely. It is not until the foreclosure is complete that the payor of the “servicer” advances can stop paying. Thus the obfuscation in the discovery process by servicers in foreclosure litigation is also completely explained. Further this would open the […]

Are Servicer Advances Deductible Expenses for Homeowners?

Many homeowners get tax statements from entities claiming the right to file them, with an EIN that is problematic. We are having trouble linking the EIN with the name of the entity that sends the tax statement. More importantly or perhaps of equal importance is the question raised by individual homeowners and investors who have […]

More Tempests About Servicer Advances

Amongst some lay readers there seems to be antipathy to the views I have expressed and continue to express concerning the advances by servicers to the creditors (if the recipients of the payments are deemed creditors). There is of course the question of whether the mortgage was a perfected lien or encumbrance upon the land […]

The Mystery of Servicer Non Stop Advances

Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them […]

Bank Fraud News: The reason why banks and servicers should receive no presumption of reliability

The following is but a short sampling supporting the argument that any document coming from the banks and servicers is suspect and unworthy of any legal presumption of authenticity or validity. Judges are looking into self-serving fabricated documentation and coming to the wrong conclusion about the facts. Chase following bank playbook: screw the customer “Chase […]

Self-Serving Documents created by Self-Serving Servicers

The one BIG thing that is missing in most foreclosure litigation is that the documents submitted are hearsay.  The danger is that certain documents kept in the ordinary course of business have credibility and therefore may be admitted as an exception unless you move to strike them from the record immediately. The point here is […]

One Response

  1. We had one loan number when Countrywide Home Loan was servicing and it was changed to another loan number when Specialized Loan Servicing took over servicing. The house is now foreclosed.

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s

%d bloggers like this: