Tonight! How to Defend Against a Claim of “Holder” Status to Discredit Standing

“Holder” vs “Agency”

Thursdays LIVE! Click in to the The Neil Garfield Show

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

Tonight I will discuss the central point of of false claims of authority to enforce the note, and inferentially the authority to enforce the mortgage.

In 2008, I called to confront a lawyer about the false claim of being authorized to enforce the note and mortgage, his reply to all my questions was “We’re a holder.”

No matter what I said or asked, that was his answer. He was relying upon a carefully thought out strategy of taking the term “holder” and stretching it to unimaginable lengths. And in that conversation it became clear that he — and the rest of the investment banking industry — were essentially “banking” on a single fact, to wit: that Judges are lawyers who went to law school and for the most part slept through classes on negotiable instruments. He was right.

3 Responses

  1. If someone can help me I would be eternally thankful.

    My fight started in 2008 against Citimortgage. With the help of this board I got it dismissed in 2010. In 2013 US Bank started again and I was represented by Evan Rosen who got it dismissed in 2016. Now I was served and this time is Wilmington Trust and I can’t even find the trust on the SEC site. But my husband had a stroke last year and between medical bills and losing his job right now I am struggling to pay Evan Rosen again.

    But my question is : Could I go in front of the Judge and tell him I want to pay my house with the condition that the Trust gives me my original blue ink signed note and an accounting of what I owe since i purchased my house ?

    What happens if they don’t have the note? Because when people defend themselves they are never in the position to buy the house and I am not. But what if I say I am ?

    Thank you very much for your help .

    Like

  2. Legal minds: it sounds like the difference between a “right” and “power” to act under Agency law or equivalent.

    Steve at Consumer Rights Defenders 818.453.3585

    Like

  3. I can’t wait to hear this. Glad I’m finally in your time zone. Thank you so much, Mr. Garfield.

    Like

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