WELCOME TO LIVINGLIES

KEEP YOUR HOME!!! – Over 17,000,000 Visitors

ABOUT LIVINGLIES AND LENDINGLIES

HOW DO I GET HELP?

SUBMIT FREE REGISTRATION STATEMENT WITHOUT OBLIGATION

**************************

CLICK HERE TO

LEARN HOW TO FIGHT WITH HONOR AND WIN!

CLE WEBINAR SERIES: LIVE AND ON DEMAND

 2 HOUR CLE WEBINAR ON DEMAND 9/29/21 — EXAMINATION AND CHALLENGE OF ASSIGNMENTS OF MORTGAGE

1 HOUR CLE WEBINAR LIVE STREAMING FRIDAY 11/19/21 4PM EDT — Prelitigation Advice and Proactive Legal Actions
in Foreclosure Cases

Listen to The Neil Garfield Show

or prior episodes

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

*******************************

About Neil F Garfield

Schedule Private Consultation

Purchase Services

Submit Case Interview Form – Receive Customized Recommended Services

Q & A – What can you do for me?

Contact Information:

GTC Honors, Inc., approved CLE course provider

Phone: 954-451-1230

Email: neilfgarfield@hotmail.com

 

PRO BONO SERVICES include online chats, comments, and suggestions on the registration form, The Neil Garfield Show,

PAID Services include: Expert Consultation Services, Strategy, Qualified Written Requests, Case Review and Reports, Forensic Analysis Referrals, Discovery , Motions, Pleadings, Complaints to AF and CFPB, Title and Encumbrance Analysis, and Case Analysis. We coach lawyers and pro se litigants. ALL 50 STATES.

MISSION STATEMENT: I want to convince enough homeowners to fight illegal foreclosures and win — not merely delay a negative outcome. 

The LivingLies Blog is the vehicle for a collaborative movement to provide homeowners with the tools needed to confront illegal foreclosures.

Free forms, articles and discussion of statutes, case precedent and policy on this site.

On www.lendinglies.com we provide paid crucial analytic and presentation services that enable lawyers and homeowners to confront the lies in illegal foreclosures.

Educate Yourself and Your Lawyer: Read this Blog and Purchase Books & Services from www.lendinglies.com

If you don’t know procedure you don’t know how to win.

The claim of securitization is present in virtually every case of a loan account receivable. It is a false claim. All  subsquent claims to administer, collect or enforce the alleged loaon account receivable are therefore also false.

But the false claim becomes the law of the case unless the consumer — with no help from government agencies that are tasked with protecting consumers — contests every single piece of correspondence, exhibit, document, notice or pleading starting with “Greetings we are your new servicer.”

One of my favorite contributors asked a question about how to find the fact that there is no loan account. This question comes from uncertainty about whether there is a loan account after all or not. It also raises the wrong question because it addresses substance rather than procedure. Procedure is what wins and loses cases.

*

The specific question is whether the recitation of “valuable consideration” or $1, $10, etc. is enough to show that the loan account receivable was not actually sold in a commercial transaction. the precise answer is no it isn’t enough on its own.

*

You don’t need to find the loan account or to get an admission that it doesn’t exist. In fact, the fewer the answers to the actual legal demands the better for you if you know how to enforce them.

*

If you want to accomplish anything you need to assume that the loan account receivable does not exist. And you must challenge every claim of any right, title or interest in the administration, collection or enforcement of any alleged unpaid debt.

*

You have to realize that you are never going to get the answer you were looking for. And you have to accept the fact that the only effective way of pushing back is by legally contesting every piece of correspondence, notice, recording, pleading, or exhibit.

*
The answer to your question would be that the party simply wanted to keep the details of the transaction confidential. That isn’t true, but that is what they will say. And that is why you need to pierce through the arguments and allegations and demand actual copies of the account receivable and evidence of payment for the underlying obligation.
*
Failure to do that leaves the judge in the position of hearing you say “isn’t this suspicious?” and hearing the other side say “No, it isn’t suspicious, we simply use that form to comply with statutes and to keep the details of our transaction confidential.” The key is the word,” transaction.”
*
No document is anything more than a legal nullity if it is not a memorialization of something that actually happened, is happening, or is intended to happen. The argument that a transaction exists is not evidence — but it becomes evidence when the homeowner fails to challenge it in a manner that requires a compulsory response. THAT is procedure.
*
Like most things, law is about perception. If you wait to first raise these meritorious issues until the opposition actually starts with enforcement, the perception is that your defenses are suspicious —- not that the claims are suspicious.

New Court Appellate Court Reveals Dangers of Forbearance and Modification Agreements

I have long argued that any correspondence or agreements executed by homeowners as “borrowers” presented a danger of waiving all of their home equity. This is true as to the fundamental equation and to the statute of limitations.

*

The fundamental equation is that when the homeowner is contacted there is no loan account receivable and therefore no creditor. BUT if the homeowner subsequently signs correspondence or an agreement that among other things acknowledges the existence of the loan account receivable, that is unpaid, that there is a default, and that it is still due, it will work against the homeowner in litigation. That is the classic “Yes, but” defense which almost never works. Hence an illusory (virtual debt) becomes real in the eyes of the court.

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

Deutsche Bank established its prima facie entitlement to judgment as a matter of law dismissing the first cause of action, which sought to cancel and discharge of record its mortgage on the subject property. Even assuming that the statute of limitations to foreclose on Deutsche Bank’s mortgage would have expired sometime in 2014, Deutsche Bank demonstrated that the borrowers subsequently executed the lien modification agreement. That agreement provides, among other things, that “[e]ven though the [borrowers’] personal liability on the note is discharged, the terms of the [original] Lien Documents remain in effect,” and the “Lien Holder continues to have an enforceable lien on the Property.” [e.s.]In addition, the lien modification agreement provides that “[t]he Lien Documents, as modified by this Agreement, are duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed.” Thus, the borrowers explicitly acknowledged their obligation to pay the existing debt to Deutsche Bank, and the language of the lien modification agreement was sufficient to revive the statute of limitations period (seeGeneral Obligations Law § 17–101 ; Jeffrey L. Rosenberg & Assoc., LLC v. Lajaunie,54 A.D.3d 813, 815864 N.Y.S.2d 471 ; cf.Yadegar v. Deutsche Bank Natl. Trust Co.,164 A.D.3d at 94783 N.Y.S.3d 173 ; Karpa Realty Group, LLC v. Deutsche Bank Natl. Trust Co.,164 A.D.3d at 88884 N.Y.S.3d 174 ). [e.s.]

Commodore Factors Corp. v. Deutsche Bank, 189 A.D.3d 766, 768 (N.Y. App. Div. 2020)

2d Circuit Federal Appeals Court Upholds Homeowner’s Right to Sue for RESPA Violations

See

Naimoli v. Ocwen Loan Servicing, LLC, 20-1683-cv, at *15 (2d Cir. Jan. 7, 2022)
The following was decided by the court to be covered violations, including a catch-all provision in which anything related to “servicing” is included:
(1) Failure to accept a payment that conforms to the servicer’s written requirements for the borrower to follow in making payments.
(2) Failure to apply an accepted payment to principal, interest, escrow, or other charges under the terms of the mortgage loan and applicable law.
(3) Failure to credit a payment to a borrower’s mortgage loan account as of the date of receipt in violation of 12 CFR 1026.36(c)(1).
(4) Failure to pay taxes, insurance premiums, or other charges, including charges that the borrower and servicer have voluntarily agreed that the servicer should collect and pay, in a timely manner as required by § 1024.34(a), or to refund an escrow account balance as required by § 1024.34(b).
(5) Imposition of a fee or charge that the servicer lacks a reasonable basis to impose upon the borrower.
(6) Failure to provide an accurate payoff balance amount upon a borrower’s request in violation of section 12 CFR 1026.36(c)(3).
(7) Failure to provide accu\rate information to a borrower regarding loss mitigation options and foreclosure, as required by § 1024.39.
(8) Failure to transfer accurately and timely information relating to the servicing of a borrower’s mortgage loan account to a transferee servicer.
(9) Making the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process in violation of § 1024.41(f) or (j).
(10) Moving for foreclosure judgment or order of sale, or conducting a foreclosure sale in violation of § 1024.41(g) or (j).

Example of Homeowner Doing Her Homework

You can have this done for you by a competent forensic investigator or you can do it yourself using  FOIA (Freedom of Information Act) requests and other means. What is clear is that the procedures for QWR and DVL do not produce answers, although they do provide the foundation for lawsuits for statutory violations.

Here is an example of a homeowner who is relentless and aggressive in pursuing state and federal agencies to do their job — i.e., stopping foreclosures for profit. If a foreclosure is not intended to pay a creditor with an unpaid loan account receivable, it isn’t a foreclosure and the lawyers and their various clients and participants in foreclosure schemes have no right to the remedy.

The biggest problem I have is not just convincing government agencies but rather convincing homeowners that their homes are subject to a lien that is either partially or entirely invalid and that there is no legal creditor authorized to collect any money from them. In turn, homeowners regularly walk away from their homes leaving hundreds of thousands of dollars in nest-egg capital behind.

Here is only one example of how Wall Street is pulling the wool over the eyes of homeowners, lawyers, judges, and agencies of  Federal and state governments:

Covius is a branch  of Covius Holding who owns Covius Solutions who owns  Nationwide Title Clearing Corporation (NTC) who massively forge and falsify documents used by Wall Street Banks and their Servicer William P. Foley Black Knight, Inc (former Lender Processing Services) who give  instructions to Covius cartel via secured messages from secured message centers (similar to MI DIFS Zix Message Center owned by Zix Corporation, UK controlled by Goldman Sachs via chain of sham conduits who send me absurd runarounds on behalf of DIFS) .

This is  a typical mafia-styled structure based on a chain of nest-doll entities to make investigation more complex and almost impossible for common homeowners.Authorities and Courts are apparently instructed to refrain from any  investigation and ignore customers’ complaints even though it violates Agencies own settlements with criminals who promised to stop their crimes after returning  a fraction of stolen money. An example is FL AG settlement with  NTC which NTC has no intention to adhere.

*

On May 30, 2020 Covius Solution via NTC  forged and recorded in Barry County MI fraudulent Assignment of my alleged “Mortgage”  purportedly prepared by Dave LaRose (who did not prepared or reviewed it) where Intercontinental Exchanges, Inc acting as MERS hired  robo-signer Justin Borkowski (NTC employee) who [never] appeared before robo-signer Notary  Vicky McCoy who executed and notarized assignment of Mortgage (without Note) from Perl Mortgage, Inc (dissolved since 2019) to PennyMac Loan Services, LLC (fake Servicer without servicing functions) by attaching electronic stamp with “Vicky McCoy” signature prepared by someone else.

Covius Document Services, LLC, is a registered in Florida, California and Michigan Corporation, who repeatedly send me unsigned Notices with demand for money for unknown to me parties from P.O. Box 9109 Temecula CA rented by Covius.

The P.O. Box 9109 in Temecula CA was registered in the name of PennyMaC, but Covius is  the company using it on behalf of Franklin Credit Management Corporation  — all concealed by use of the name PennyMac who did nothing and probably was contractually barred from receiving or directing mail that was sent to that box address.

There was most likely a standing forwarding order to yet another PO Box, but I can’t know that without asking.

As its name implies Franklin Credit Management Corporation acts as a credit processor and director of assignments of credit collection functions on behalf of an undisclosed entity that is a sham conduit for an investment bank. 


All correspondence under name “Penny Mac” is coming from at least 15 (fifteen)  different companies, none of whom have any relationship with PennyMac. One company prepare billing statements mailed to me by another company instructing me to send my payments to PO Boxes in Dallas TX or Los Angeles LA rented by unknown to me parties. My checks are collected by three different companies – Exela, Regulus and Transcentra hired by unknown to me parties. [e.s.] My money are processed by unknown to me company whose employees receive secured instructions via secured website operated by unknown to me parties to deposit them to shady credit union in California for unknown by me beneficiaries. Notices are coming from two Servicers: Covius Document Services LLC  and Franklin Credit Management. Escrow reviews conducted by another unknown by me Company. Taxes are paid from my escrow by CoreLogic, Inc who cannot identify who hired and authorized them to pay my taxes. Home Insurance is paid from my escrow by Third Party Payment Processing company whose identity everybody refuse to disclose. Tax Forms for IRS are prepared by another Company and mailed to me by another company. Correspondence is coming from an array of companies  from across the Country. Employees with whom I speak on the phone work for various call centers or companies which I don’t know. [e.s.]

This means that (a) PennyMac was never performing any functions relating to administration, collection or enforcement of any alleged loan account and (b) the representation that PennyMac was working for a creditor who had the right, title and interest to administer, collect and enforce a loan account due from me  was a false representation. 

 This is a standard practice for organized crime and a standard legal practice developed by Goldman Sachs under the label of “laddering.”


Covius is hired by unknown to me authority to demand from me payments for unknown to me parties.


My attempts to obtain validation for this “debt” always failed, in the most hostile manner. When I asked local Title Company Bell Title to provide me a copy of wire transfer receipt from my alleged “Lender” Perl Mortgage, Bell Title  employees said that they are prohibited to talk to me about it and called police to escort me from their office. Thus, I conclude that here was no “debt” to begin with.

All my payments are diverted to unknown to me beneficiary by unknown to me employee George Fazio who receives secured instructions from someone’s  secured message center  where someone instruct Fazio to divert my payments to someone’s account enduing 6811 at Financial Partners Credit Union without reducing any principal or interest on my alleged “loan” and without any credits to my escrow account. See work log attached.

 
No money paid by me is going to any creditor who maintains a loan account receivable owed by me and which remains unpaid. This information is required to be disclosed under both TILA and RESPA. I have asked for that information in accordance with both statutes. The recipients of my requests have failed or refused to respond. This gives rise to an inference that they are not “servicer” and they are not “creditors.” [e.s.]

Accordingly the duty to investigate and prosecute if necessary arises for any government agency receiving this information. 

George Fazio is unknown to me and there is no record of his employment with any of the parties who have been named as servicers or creditors. Forensic examination suggests that Financial Partner Credit Union is a sham conduit for money laundering. The significance of these issues is as follows: experts in the securitization of debt have suggested that (a) no loan account receivable currently exists and (b) all claims based on the existence of the loan account are false — including but not limited to the right to administer, collect or enforce any alleged obligation owed by me. The payments I have made are not being processed by the apparent “servicer” and instead are being processed by unknown parties with whom I have no contractual or other relationship. This means that despite implied representations to the contrary, there is no way of knowing — despite my continued inquiries — who is disbursing money (if anyone) to an alleged creditor. And that means I have no way of knowing if my loan account is being reduced by my payments. 

All efforts to identify the owner of account 6811 have failed. This corroborates the conclusion by experts in the securitization of debt that the money is being laundered and diverted to investment banks that have no interest or risk of loss associated with any alleged underlying obligation, legal debt, or promise that I had issued to a third party.

I have concluded that the investment banks entered the lending marketplace without any intent to lend money and without any risk of loss on transactions with consumers who were falsely identified as borrowers. Investment banks were successful at creating an infrastructure in which they retained control without ownership or any legal responsibility to comply with law and in so doing were able to convert standard underwriting fees of 15% to profits of at least 1200% without ever crediting any loan account.

How Those Refi’s Were Turned Into Gold by the Investment Banks

Most people cannot conceive of why they should have been paid more at the purported “Closing” of their transaction than what they received or what they think was paid on their behalf.

*

But the bottom line is that in most cases, whether the transaction involved a resale of the home or “refinancing,” only a fraction of the money you thought was transacted was actually present. It’s not just that they should have been paid more — it is that the homeowner did not receive the money he or she promised to pay back. This fact is part of a pattern of active concealment directed by investment bankers that starts with the initial transaction and continues right up to and including the foreclosure sale and eviction.

*

In short, you issued notes and mortgages for far more than any money paid to or on your behalf. You didn’t owe the money but they got you to promise to pay it anyway. This is a joke and a bonus for investment bankers — but it is a loss for the homeowner.

*

Instead, each new transaction left the previous one intact and started a new securitization infrastructure. So a home that was subject to an initial securitization claim could end up with as many as 8 securitization infrastructures —- all with sales to investors for far more than anything paid to or on behalf of the homeowner. And each securitization infrastructure led to sales of around $12 in securities for $1 of apparent money that was asserted to have been transacted with the homeowner.

*

Do the math. A single transaction falsely labeled as a mortgage loan can produce up to $96 for each dollar originally paid to or on behalf of the homeowner. Don’t you think you should have been told about that? It turns out that the question is fully answered in the Federal Truth in Lending Act.

*

And the answer is yes, you should have been told that because the purpose of the Act was to prevent virtual “creditors” from being substituted for actual creditors who were responsible for compliance with lending laws, rules and regulations. Event table-funded loans were declared against public policy — but this is much worse. It takes an essential component out of the transaction falsely labeled as a loan.”

*

If you believe the transaction consisted at least partly of “paying off” an old lien, then you DO want the outgoing wire transfer or other means of payment. If the prior and new lien were funded by direction from the same investment bank it would be unusual for that portion have to have been sent to the old “lender” because it is long out of the picture. But it is still common because the investment banks don’t want to alert the closing agent that the deal was a scam. So they direct a wire transfer to a certain depository account bearing the name “Ocwen Servicing” or some such thing that is actually controlled by the common underwriting investment bank.

*
So if you ever get those wire transfer receipts, you want to trace down the ownership of the depository account. For example, Goldman Sachs (or any other investment bank) can open an account named “Ocwen”. It is still a Goldman Sachs account and they can go out and buy groceries with whatever is in the account.
*
But to the outside world — the homeowner and the closing agent — they would swear that Ocwen was involved. And they would be 100% wrong. Ocwen for its part has no record of the transaction because it was not their money and they take no legal action against the use of their name because they are part of the game.
*
So the bottom line is that there was no payoff of the old lien and no cancellation of the note or underlying obligation asserted by fake “representatives” of a nonexistent creditor owning a nonexistent loan account receivable. If there was an existing loan account receivable that would make one of those thinly capitalized nonentities the owner of the right, title, and interest to payments, balance, and interest — something the investment banks would never permit.

Rea Life NJ Case: First Horizon Home Loans named as “lender” in 6 figure “loan,” foreclosed by EverBank who get judgment, judgement assigned to MTGLQ Investments who pays $100

First Horizon Home Loans files a foreclosure complaint in 2015, and during the proceeding, assigns the mortgage to Everbank who obtains judgment and Writ of Sale. Everbank assigns its Credit Bid to MTGLQ Investors, and the Bergen County Sheriff carries out the sale and issues the attached Deed for $100.00. Prior to the Sheriff’s Sale, Everbank provides the Sheriff with the attached Affidavit of Consideration attesting there is no prior mortgage and $0.00 due. This section of the Affidavit must include any mortgage subject to foreclosure and the amount claimed as owed in the judgment and Writ. Though it is difficult to read on the recorded document, Everbank as Deponent states the following:
*
“The representations contained herein are made in reliance upon a report of title which the foreclosure was predicated. Deponent does not warrant the accuracy of such title representations or other information and makes no representations regarding the status of the title other than as may be contained in the pleadings filed in the action. [THEY NEVER PLEAD TITLE] All interested parties are advised to conduct and rely upon their own independent investigation to ascertain whether or not any outstanding interests remain of record and/or have priority over the lien being foreclosed, and if so, the current amount due thereon.”
*
As is the case in all other cases I’m seeing, there is likely a Quit Claim Deed for $1.00 from Everbank to MTGLQ. This is preposterous. The Plaintiff who sued claiming they owned the Mortgage and Note (debt) immediately turns around after judgment and claims nothing is owed and they cannot warranty title.
*
Bill Paatalo
Oregon Private Investigator – PSID#49411
*
BP Investigative Agency, LLC
Mailing Address:
476 LaBrie Drive
Whitefish, MT 59937
Office: 1-(888)-582-0961
*
Editor’s note:

MTGLQ is a Goldman Sachs related entity. One of its addresses is C/o Rushmore loan servicing. EverBank was involved in “laundering” titles in securitization schemes, primarily for Bank of America but this time it looks like Goldman Sachs.

An interesting legal point is the effect of serving an assignment of bid on the Sheriff instead of the Clerk of the recording office. It’s peculiar because the effect of an assignment of a bid is the same as an assignment of a mortgage. How is the Sheriff bound by such service? Is there some NJ statute that does not require assignments of bid to be recorded with deeds and mortgages? Is the assignment of bid without consideration a legal nullity? I think it is.
So the real question, in NJ, is whether assignments of bid are being used to sidestep (loophole) to avoid the requirements of law — i.e, “assignment of the mortgage without concurrent transfer of the underlying obligation is a legal nullity.” I have that issue on appeal in Florida 2DCA.

Homeowners need to understand that they are investors, not borrowers.

In nearly all cases that the amount of money paid to a “prior lender” is entirely or mostly fictional in all cases of refinancing and nearly all cases in purchase money mortgages. As long as the same underlying investment bank is the same for both the Buyer and Seller or the same for both the new “Lender” and the old “lender.”
*
But in cases where the Seller gets money (equity) at least some money is actually produced for closing. And as long as the refinancing produces cash to the homeowner, some money is actually produced at closing. So for example, if the Seller nets $50,000 from the closing statement, that is what the Seller receives and the Seller does not care where it came from. If the homeowner receives $50,000, that is what the homeowner receives and the homeowner does not care where it came from — because the homeowner does not know that he or she has been surreptitiously recruited into a scam plan for the sale of unregulated securities.
*
BUT remember that each new “closing” produces a brand new securitization chain. In plain language, if the investment bank is selling securities worth $12 for each dollar that is reportedly paid in “closings,” then each closing represents another $12. So if you have an alleged purchase money mortgage plus 3 refinancing transactions, the total generated could be as high as $48 for each dollar reported as paid in all the closings. Those “reports” of payment are also entirely fictional insomuch as they include money that was NOT paid.
*
So a $200,000 mortgage represents the base transaction in a $10 million scheme. This is why so many people on Wall Street received bonuses equal to three times their previous annual earnings. It is also how convicted felons who had $10 per hour jobs earned upwards of $1 million per year. It was a heist. Most of that money went to investment banks who then scattered the funds all over the world. They are still sitting on trillions of dollars.
*
If homeowners were only allowed the minimum “introductory fee” (common on Wall Street that would mean that the homeowner was entitled to receive a $200,000 payment in exchange for issuing virtual notes and virtual mortgages and the homeowner’s consent to treat them as real.
*
What makes me burn is the idea that the players can get back the money they paid to homeowners without any consideration for their role in an undisclosed transaction that can no longer be unwound. In such instances, it is up to a court to “reform” the transaction to reflect the economic realities. But NOBODY is doing that. I think there is a strong case for that. The investment banks don’t want to do that because they refuse to share with lowly homeowners.  And the courts are both brainwashed and somewhat corrupt because they are accepting “instructions” about mortgage cases.
*

But the courts are NOT corrupt in the sense that most people keep saying. And that is why I have won so many cases, and other lawyers have done the same. They all start out with bias but they CAN be turned.

How Much of That Bonu$ on Wall $treet Should Be Yours? Each Time You Use an Installment Plan You Are Creating a Huge Bonus to an Investment Banker

Some of the facts recited here are taken from the true story of one entrepreneur who turned $25,000 into $300 Million.

Has anyone ever asked how entrepreneurs with only $25,000 to their name in 2001 now have a net worth of $300,000,000?  Has anyone done the math? That money could not possibly have come from making loans using $25,000. That money could not have come from obtaining “warehouse” loans and then making loans. It all started with transactions with homeowners and investors. But where did the revenue come from?

Starting with $25,000 in 2001 and having a net worth of $300 million in 2021, the entrepreneur would have averaged a net income of $15 million per year (over 20 years). And since all that money supposedly arose from transactions with homeowners, we know the range of interest rates charged to homeowners contained in the disclosure statements made to homeowners. That would be an average of around 7-8%. Let’s give our entrepreneur the benefit of the doubt and go with 8% on the alleged “loans” that were “given” to homeowners supposedly by our entrepreneur.

On the back of a napkin, you can estimate the amount of such “loan” transactions with homeowners to produce $300 million over 20 years. If you are getting 8% it would require making almost $4 billion in “loans.”

But wait! The loans are not 20 years in duration. They are 30 years. So that raises the total to around $6 billion in “loans” that were made by a $25,000 company. I know and you know that is impossible but on paper that is what happened. The math is correct. It would require $6 Billion in loans to have generated $300 million over 20 years.

But wait, there is more! Since you only have a $25,000 company it must get money from someone else to make all those loans, right? It’s not a licensed or chartered financial institution so it is impossible for it to increase the money supply with the stroke of a key or a pen. Third-party warehouse lenders would have charged at least 3% to lend the money to the entrepreneur who in turn would lend the money to the homeowners.  So revenue of the entrepreneur in this example is reduced from 8% to 5%.

And that increases the dollar amount of loans made by the entrepreneur from $6 billion to over $10 billion. Big volume for a $25,000 company.

But wait, there is more! The entrepreneur had to pay really good salespeople to steer people toward his loans and away from competitors with established brand names. And extensive expensive TV, radio, and media advertising would have been required. That cost is around 4% per loan. which reduces net revenue from 5% to 1%. And oops we forgot administrative expenses of rent, utilities, communications, etc which is around 1%. That reduces total net revenue from 5% to 1% and then from 1% to zero.

And one last thing. Some portion of the “loans” would default. Those high-interest rates that were charged in the “subprime” market were in fact ratings on the likelihood of default. The higher the rate, the more likely the default based upon prior credit history and also because the rates were not viable — i.e., many people would be unable to sustain payments that were inflated by rates that were at or near the old limits for usury. That is why usury laws were first passed centuries ago.

So the bottom line is that making bad loans at relatively high-interest rates does not make any money and in most cases will produce losses —- the amount of which grows in volume proportional to the total amount of such “loans” that were  “given.” So that begs the question of why a securities broker would see such transactions as a gold mine.

And it begs the question of how our entrepreneur could amass a $300 million fortune or a pizza delivery guy could end up getting paid hundreds of thousands of dollars per year selling such “loans” to unsuspecting consumers. So if lending always means losses and the entire industry plowed into the lending marketplace, what were they really doing? What were they really selling? Because we know that our entrepreneur grew a $300 million fortune from an investment of just $25,000.

Nobody goes into business to lose money. You can do better than that by doing nothing. If they were not losing money, what was the other part of the deal — i.e., the part that WAS making money? And did that part interfere with the presentation of the apparent loan transaction and documents that memorialized the loan transaction?

“Bad” loans were apparently good for the players even though there was no possibility of ever recovering the entire amount paid to homeowners. So why was anyone paying or giving money to homeowners?

Is anyone curious?

After all, we all know by now that had it not been for sellers, appraisers, and brokers whose income soared far beyond what they were making the year before, the entire scenario described above would never have occurred. Where did their income come from? All based on making “loans” that in many cases were forced to fail, based on “collateral” that was valued at a fraction of the “loan” principal but based upon prices that were inflated by the flood of money from Wall Street onto Main Street on terms that were deceptively presented as affordable.

No reasonable person would knowingly accept a deal in which they purchased a vastly overvalued asset and borrowed the money to do it. And we know that homeowners did stop paying in large numbers and that someone “declared” a default based upon the data: a scheduled payment was not made or received by anyone.

So I have three questions for you.

Why would the entrepreneur take his last $25,000 and invest it into a business that will give him nothing in net revenue? If the net result was going to be losses that would leave the entrepreneur owing money not making it.

How did the entrepreneur make $300 million despite those circumstances?

Why would a “warehouse lender” lend money to an entrepreneur who only had $25,000 and wanted to enter a business where there was no hope of net revenue and no hope of profit?

The answer is that given the facts that can easily be confirmed, neither the entrepreneur nor the “warehouse lender” would ever be part of a lending business as described above; but they were very interested in and did participate in the Wall Street “innovation” designed to allow securities brokerage firms to create, issue and sell securities and keep most of the money.

But the securities business contained well-known risks. So the securities sales program was designed to lure all participants to ignore the legal and financial risks by rewarding them with more money than they had ever seen in their lives. Everyone has been making money hand over fist. Everyone except homeowners.

The “innovation” consisted of creating the illusion of a business entity that appeared to be raising money as an issuer of securities for the purpose of purchasing loans that were never purchased. No loan, debt, note or mortgage was ever purchased. But enforcement of the “loans” required a lawyer who was willing to represent that he or she represented a valid claimant to also produce documents that appeared to be facially valid. From such documents, a legal presumption could arise for the judge to conclude the documents contained true information about actual transactions in the real world that the loans were purchased. They were all fabricated, forged, backdated and robosigned — But most of all, they are false.

The apparent issuers were, in reality, the same securities brokerage firms — thus extending their role from the underwriter, broker, and seller to the principal issuer. The illusion was accomplished by naming a trust that was entrusted with nothing and a trustee empowered to do nothing. This was partially enabled by 1998-1999 legislation in which such securities were redefined to be private contracts that were not subject to SEC regulation.

Regulators completely missed the fact that these were not “asset-backed securities” (ABS) as labeled by securities brokers. They missed the opportunity to shut down a plainly illegal unregulated securities scheme that depended entirely upon deceiving homeowners about the nature of the transaction that they were sold — and which also depended upon deceiving fund managers and other people who thought they were sophisticated in matters of finance.

Securities brokers covered their tracks by creating more fictitious entities or entities that were mere placeholders, like “warehouse lenders.” No warehouse lender would ever trust an entrepreneur with only $25,000 and no hope of positive revenue or profit. And no source of funds managed by people of at least ordinary intelligence that in fact stood behind the warehouse lender would have invested one cent in such a scheme. But they did. And they did it because they knew the real plan. Anyone who is a paid a fee to do nothing would be attracted to that plan.

The sources of real funds would never give access to the funds being paid to homeowners and they would never allow access to money paid by homeowners who reasonably believed they owed the money because the transaction they sought was a loan and that appeared to be what they received. In the only case I know of where that mistake was made, the entrepreneurs stole the money and went to prison. See Taylor Bean and Whitaker. And the answer is that such sources of money never did give up access or control over any money or documents created to the transactions with homeowners.

The sources of real funds were people who actually paid money for the enterprise — without ever knowing the true nature of the venture. These are not people who were merely making promises, commitments, or pledges. In the financial market, and frankly all the markets, people who pay money expect to receive something back, usually in the form of a financial (monetary) return on investment. But so far we have seen that there is no viable investment. The prospect of the return on investment is less than zero, since at least some portion of the “Loans” would “default” if it really was a loan that created a loan account, or at least a transaction that served as the foundation for declaring a legal “default.”

So where did all those trillions of dollars in revenue and profit come from?

See my next post.

Finding the FINTECH Companies who really do the work of “servicing” payments and disbursements.

Hat tip “Summer chic”

Here is an example of someone who is asking tough questions that the banks and their lawyers will never answer. They won’t answer because any answer that is truthful would lead inevitably to the revelation that there is an absence of a loan account receivable and therefore any right to collect on it.

****

Please find my QWR to verify who granted Exela’s and its subsidiaries Transcentra, Inc and Regulus Group LLC (“Exela” ) authority to act as Servicers who collect  my checks from P.O. Boxes in Dallas TX and Los Angeles CA and process my money for unknown to me parties.

1. I demand to identify the entity who hired Exela Techology, Inc  to collect and process my money from P.O. Box 660929, Dallas TX post office located at 401 DFW Tpke, Dallas TX. and P.O. Box 30597 Los Angeles CA 90030 if here is  another company who claims to be “servicers” – without any servicing functions.

All my checks sent to these P.O. Boxes are collected and processed either by Transcentra, Inc. (Dallas PO Box) or Regulus, LLC (LA PO Box), both are part of Exela – without any references to my alleged “servicer” PennyMac Loan Servicing, LLC (fka Countrywide Financial, Inc) who cannot explain whom they servicing and that they are doing  if all so-called “servicing” functions are performed by someone else.

According to fintech-generated letter from robo-signer “Efren Saldivar” PennyMac is the servicer of your loan. To our knowledge, no other entity is claiming to be the current servicer of your loan. Payments for your loan should be sent to PennyMac, who, as the loan servicer, is authorized to accept payments for your loan.

This is a typical lie since PennyMac does not perform ANY servicing activities. It is ALL done by other entities.

1. None of my payments are sent to PennyMac or accepted by PennyMac. They are all  sent to someone’s PO Boxes and accepted by Exela Techonology, Inc who process them for benefit of someone who has an account with Bank of America – without any involvement from PennyMac. See how my check was accepted and processed by Regulus LLC and Transcentra, Inc.

2. None of my correspondence is sent or accepted by PennyMac. It is all mailed  from someone’s PO Boxes who  sends me fintech-generated unsigned or electronically signed letters  coming from various cities and states.

2. None of my escrow payments are handled  by PennyMac.

a. My property taxes are paid by CoreLogic who cannot explain who hired them and which authority they have to perform servicing functions and for whom.

b. My home insurance is paid by some secretive”Third Party Payment Services” – while my insurance Company refuse to disclose the name of this mysterious Servicer  and who authorized them to access my escrow money (which are collected and cashed  by Exela Technologies).

c. When I had overpayment for my Insurance policy, the refund check was mailed by JP Morgan – not  PennyMac.

3. None of my Billing Statements are coming from PennyMac. They are all processed and mailed by someone else – Freedom Services, LLC  , JP Morgan Chase sham conduit who is responsible for accounting – for undisclosed to me parties.

4. When someone (Black Knight, Inc, former LPS/DocX, LLC) prepared fake Assignment to transfer my “mortgage” to PennyMac in 2020 and requested Nationwide Title Clearing Corporation to attach robo-stamps of “Notary”  and “MERS Vice President” – this Assignment suppose to be returned to NTC after recording, not to PennyMac.
In other words, here is a cohort of other undisclosed to me  companies who perform all servicing functions – while  PennyMac does absolutely nothing except collects royalties for use their name on the letterheads.

Since Exela is one of these secretive Servicers, thus you are subject of QWR under RESPA,

I demand following disclosures:

a. Please state the full name of the Corporation who hired Exela to collect and process my checks.

b. Please state in which capacity acted this Corporation when it hired Exela to collect and process my checks.

c. Please provide me a copy of retainer Agreement between Exela and the Company who is authorized to accept payments for my loan. Please state names, positions and contact information for Exela employee and the Company employee who hired Exela.

d. Please disclose which proof of authority this Company and its employee provided to Exela to authorize collection and process of my payments.

e. Please disclose names of Exela employees who are authorized  and who actually collect my payments from PO Boxes  660929, Dallas TX 75266 and P.O. Box 30597 Los Angeles CA 90030
f. Please state who owns the account within named payee who is the beneficiary and the actual recipient of my payments.

Tonight! Mock Trial Format for LendingEyes Radio Show 6 PM EST 3 PM PST Submit your case on our form. If selected, our Panel — Neil, Charles and Bill will try the case and give a decision

Thursdays LIVE! Click into the LendingEyes Radio Show

LIVE with Neil Garfield, Charles Marshall, and Bill Paatalo

Or call in at (347) 850-1260, 6 pm EST, 3 pm PST Thursdays

FIRST MOCK TRIAL:

THURSDAY JANUARY 6, 2022 AT 6 PM EST 3 PM PST

  • WE ARE TRYING A NEW FORMAT TO BE MORE INFORMATIVE AND TO DO A BETTER JOB AT EDUCATING HOMEOWNERS AND FORECLOSURE DEFENSE ATTORNEYS.
  • CASE BY CASE ANALYSIS EACH 45 MINUTE SHOW PICKED FROM REAL CASES THAT ARE TRIED, DISCUSSED, AND DECIDED BY OUR PANEL. 

If you wish to submit your case for review please submit the case review form. If your case is selected, you will be notified ahead of time, so you can ask questions.

CLICK ON THIS LINK TO SUBMIT YOUR CASE REVIEW (REGISTRATION) FORM.

The information will not be used for any purpose other than evaluation for program purposes and all information will be kept private as to the identification of the homeowner. Don’t use your last name if you are selected and on the air. We will contact you to upload documents if you are selected. You will be allowed to ask questions on the air.

Every homeowner who has signed a note and mortgage (or deed of trust) should know what we know and how they can use that knowledge to their benefit. You have more leverage than you think!

Lawyers take note! The flood is starting. If you have not learned the basics of securitization, then you don’t have the information necessary to properly advise your clients or prospective clients. Once you have learned the facts about securitization in practice, it will open a very lucrative practice for you with a high likelihood of obtaining satisfying results for you and your client — if you know trial practice.

This show is for general information purposes only and should not be used as a substitute for advice from a local licensed trial practitioner. The absence of knowledge of court procedure (motions, objections) will most likely lead to failure for homeowners. Foreclosure defense is an uphill battle that is generally only successful if the homeowner has the will and the financial resources to pursue it to the end. There are no guarantees when you go to court.

The earlier you start preparing yourself for confrontation with the company that is named as “servicer” and the names that are used as “trustee” and “trust,” the more likely it is that you will achieve good results. That means hiring forensic experts as far before the battle as possible.

THREADING THE NEEDLE: IT IS WHAT THEY DON’T SAY THAT REVEALS THE TRUTH — AND YOU CAN USE IT!

So talk about splitting hairs — here is a statement from a company that is claimed by third parties to be the servicer of a “loan.” Note that the parties making the claim do NOT swear that PennyMac is servicing claims to administer, collect and enforce for them, but rather for some unknown creditor or some other entity that does NOT make such a claim. Think about that. Here is the quote:

PennyMac, who, as the loan servicer, is authorized to accept payments for your loan.

And here is the analysis of that statement:

  • PennyMac IS authorized, although not by anyone who is legally entitled to act as grantor in such authorization.

  • And it is authorized to accept payments — but it doesn’t. And nobody who does “accept” payments is working for PennyMac. PennyMac is not a FINTECH, Lockbox, or processing center for payments made by homeowners nor the recipient or processing centers for the money proceeds from foreclosure sales or sales of REO property. 

  • And notice that it says “accept” payments rather than “receive” payments. I can be authorized to accept your payment but unless I actually receive it my authorization, even if valid, is irrelevant and lacks foundation.

    • And so if you make a payment and direct it to me at an address that is a mail processing center that sends the payments for processing at a lockbox or FINTECH company, the accounting for those receipts can only be performed by people who in their ordinary course of business actually collect and account for receipts.

      • The “Payment History” proffered in the name of such a “servicer” for the payment is also irrelevant and lacks foundation. They’re merely producing a report generated by someone else.

      • In addition, the Payment History proffered in court is not an acceptable or legally admissible substitute for the ledger showing the loan account receivable (see below).

      • This Payment History from such a servicer is neither acceptable evidence or admissible evidence of payments nor of the balance of the loan account receivable owed to a specific creditor who paid value for the underlying obligation. 

    • The Payment History could only be admitted into evidence if there was live testimony from someone with personal knowledge of the ordinary course of business of the company that entered the data and reproduced the report — keeping in mind that this does not include the company named or claimed to be the “servicer.”

    • But the failure to make such objections and challenges invariably results in admission of the report into evidence, which in turn, establishes the existence of the loan account receivable, the right of the servicer to account for the payment history, establish the default etc. 

  • PennyMac IS a “loan servicer” only because the regulations were meant to include anyone who participates in the administration, collection of enforcement of claims arising from alleged loan accounts. But if the loan accounts don’t exist, then they are not a loan servicer under any construction of the term. 

  • And notice they don’t actually say what would ordinarily be said by either the loan officer as a lender or the officer in charge of administration, collection or enforcement of a loan at a servicer who receives, processes accounts for and disburses funds to creditors, i.e., 

    • “You have a loan account receivable arising from your transaction on the __ day of ___, 20__. XYZ has acquired all rights, title and interest to the underlying obligation. the legal debt, note and recorded mortgage.

    • By law, you owe XYZ that money.

    • We have been appointed to serve the interests of XYZ and empowered by XYZ to administer, collect and enforce the right to collect payments of interest and principal as provided by your promissory note and the recorded mortgage.

    • A copy of that authorization, signed by an authorized officer of XYZ is attached or has already been provided to you.

    • Attached is a copy of the XYZ ledger on which your loan account appears showing the balance, payments, and disbursements from inception to the present.”

    • YOU WILL HEVER, EVER SEE SUCH A LETTER OR STATEMENT NOW — BUT THIS WORDING IS TAKEN FROM HUNDREDS OF EXEMPLARS DATING BACK TO THE EARLY 1990s AND EARLIER. 

    • Why don’t they say that — especially when they used to say it and that wording was literally invented by the financial industry? The answer is very simple., they don’t say because they can’t say it without exposing themselves to criminal and civil liability.
    • But they can imply it or have their lawyers argue false factual and legal premises in court with immunity. What is the fix for this gigantic scam? It would be the government doing its job which after over 20 years is a lost cause.
    • That means that homeowners need to invest their time, money, and energy into defeating these false foreclosure claims. And that generally means that groups of homeowners must come up with a way to finance the challenge for each individual homeowner. 
DID YOU LIKE THIS ARTICLE?

Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.
NOTE: It is unlikely that anyone without legal training will understand the legal significance of the points raised in this article. The obvious answer is to show it to your lawyer.
Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.

CLICK TO DONATE

Click

Neil F Garfield, MBA, JD, 74, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
*

FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. You will receive an email response from Mr. Garfield  usually within 24 hours. In  the meanwhile you can order any of the following:
CLICK HERE TO ORDER ADMINISTRATIVE STRATEGY, ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER TERA – not necessary if you order PDR PREMIUM.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
*
CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
  • But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more.
  • Yes you DO need a lawyer.
  • If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
Please visit www.lendinglies.com for more information.

Why I Think Homeowners Are Entitled to Receive a Second Payment From Investment Banks

All homeowners who think they have a mortgage loan have received one payment at a “closing” — or a payment allegedly made on their behalf. For reasons explained elsewhere on this blog, such payments on their behalf are mostly fictional where the underlying investment bank is the same “director” of funds.
*
The significance is that a second tree springs up in which the scheme described below is duplicated — with little or no cost to the investment banks. Each time the myth of “refinancing” is employed a new securitization tree springs up with dozens if not hundreds of branches.
*
The purpose of this article is to explain my view that homeowners are entitled to share in the revenues and profits generated by securitization schemes — and why I think that now is the time to demand it in litigation.
*
This claim has been filed early in the course of the mortgage meltdown. In one case the Federal judge held onto it for 14 months before finally ruling that the complaint should be dismissed. It led to my deposition being taken for 6 straight days, 9am-5PM as an expert witness. I was having heart problems at that time and they were clearly trying to wear me down. I did not relent. I did get some stents shortly afterward. 16 banks and 16 law firms each took their turn beating me up.
*
I think we have reached a different era in which these claims should be pressed again. We know a lot more than we did in 2007-2008. Subsequent events proved the basic points, to wit: that the paper trail did not match up to reality, which is why the paper trail consists entirely of false, fabricated, forged, backdated, and robosigned documents.
*
1. Homeowners enter into transactions that appear to be loans to purchase or refinance property at market value. Even if the transactions were actual loans, the determination of market value was legally the responsibility of the lender under TILA. Market value never increased, but prices were grossly inflated because Wall Street flooded the market with money that appeared to be cheap.
  • By lowering the apparent monthly cost, they made the actual price appear to be irrelevant — which is part of the essential element of deception.
  • The common homeowner relied upon the appraisals that were required by investment banks to be inflated in order to complete the loan transaction or the illusion of a loan transaction.
  • The only way securities brokerage firms (investment banks) could sell more and more unregulated securities is if more and more deals were signed by unsuspecting homeowners.
  • Thus the transaction enabled the homeowner to purchase or refinance a home under the mistaken belief that the home had a market value in excess of the principal amount of the “loan.”
  • All such “loans” were bad, from a market perspective.
  • It meant that the homeowners took an immediate loss because market prices were stratospherically higher than market values (i.e., indicating a high known probability that prices would fall precipitously).
  • It also meant that if there was a lender, it also was taking an immediate loss because it could not report the value of the loan at face value since the loan principal was far in excess of the value of the collateral.
  • In addition, all such loans were bad because the impact of this phenomenon was to create an immediate incentive to default on the scheduled “loan” payments apparently due from homeowners.
  • The obvious conclusion is that for everyone except the homeowner, this was not a loan transaction.
2. The transaction was not a loan. If it was a loan, nobody would have been party to it. There was no lending intent. there was no profit incentive to engage in lending under the circumstances described above. Like the “new economy” of the 1990s, the entire housing market consisted of the myth of a new force that would permanently push housing prices ever higher.
  • So what homeowners are missing out on is claiming a share of a pie that almost everyone else got paid.
  • The paper (document) deal basically has the homeowner execute a document allowing for a virtual creditor without a loan account balance in order to create, issue, and sell unregulated securities, regardless of what the homeowner intended and regardless of what the homeowner believed.
  • Because of the undisclosed structure of the deal, the “seller” was able to recover all money paid to the homeowner contemporaneously with the “closing” of the paper transaction. This is true even though nobody made credit entries to a nonexistent loan account.
  • Neither the loan account nor any of its components (underlying obligation, legal debt, note or mortgage) was ever sold in a financial transaction in the real world.
  • This accounts for the ability of the investment banks to conduct multiple virtual sales of hedge instruments or interests in the performance data for the virtual loan.
  • This enabled the investment bank to convert the usual 15% underwriting fee to at least a 1200% profit plus whatever they could get from homeowners in monthly payments and foreclosures.
  • With exception of the homeowner, every person and every business entity that was recruited to participate in the selling scheme to homeowners got paid extra exorbitant fees for their participation.
  • Those were fees that would never have been paid and could never have been paid but for the absurd profits from the so-called securitization scheme.
  • The homeowner provided a service that is undeniable: the homeowner accepted the concept of a virtual creditor even though no such allowance existed under any laws, rules or regulations thus enabling these fees and “trading profits” to be generated without any offsetting entry to any nonexistent loan account.
  • If homeowners had been given the opportunity to negotiate terms for their acceptance of a transaction in which there was no lender, no compliance with TILA, and no stake by a lender in the success of the transaction, homeowners would have had the opportunity to bargain for better terms and competition in the industry would have resulted in better terms (a share of the pie) being offered.
  • We already know that incentives were offered to pay closing costs, the first few months of the “loan” etc. Homeowners occupied a special place in the securitization scheme.
  • Without the cooperation of homeowners, there was no securitization scheme. Other players could have been replaced but not homeowners.
  • So their share of the pie would have been substantial if they had the opportunity (i.e., if there was disclosure) to bargain and better terms would have been offered if there was disclosure and transparency as required by law.
  • In my opinion, there are two benchmarks that should be used to determine how much the homeowner should have been paid: (1) the amount the homeowner received at closing, making such payment a fee and (2) 15% of the total revenue generated from the scheme in e exchange for the issuance of the paper documents (note and mortgage).
    • These two benchmarks overlap. But what it basically comes down to is that each homeowner should have received the benefit of the real bargain: around 15% of the total revenue from that deal which means that in a typical $200,000 loan, with at least $2.4 million generated in fees and trading profits, the homeowner should have received at least $360,000.
    • The $200,000 “loan” might survive upon proper reformation reflecting all the elements of the real deal, but there is still an extra $160,000 that was due to the homeowner at the time of signing.
    • Right now that $360,000 is being shared with dozens of people and companies involved in the securitization scheme and dozens of companies involved in virtual foreclosure schemes — i.e., foreclosures in which lawyers acting under litigation immunity argue or imply that a loan account exists and that they represent the party who owns it.
    • The only reason why homeowners are excluded from that is that it would reduce the size of bonuses received by the existing players, most of whom are doing nothing other than lending their name to a virtual scheme.
    • I said in 2007  that homeowners did not really owe any money to anyone from these paper transactions and that in fact, it was the reverse — homeowners are the ones who are owed money by the investment banks, plus interest from the date of closing.

I think the failure of homeowners to aggressively pursue this line of practical and legal reasoning is largely responsible for the continued drain (anchor) on the U.S. economy, which is still suffering from the unfortunate decisions of multiple administrations to save and increase the profits of investment banks at the cost to and detriment of common homeowners.

Why You Should Get to Know Credit Default Swaps

From “Summer Chic” with some edits

The investment banker was acting as the agent or conduit for both the actual creditor (“investor) who was lending the money to an investment bank and the homeowner “debtor” (borrower) was “borrowing” the money.  Credit Default Swaps realte not to thye “laons” but rather tot he securities. The payment of proceeds in a CDS (especially “total return” CDS) accomplished one or more of the following:

  1. Cure of any virtual or actual “default” by the “debtor” as far as the virtual “creditor” was concerned, since all securitization players received the money that was payment in full for any money they were promised.
  2. Satisfaction through payment of all or part of the borrower’s obligation.
  3. Obfuscation of the real accounting for the money that exchanged hands
  4. Payment of an excess amount above the amount owed by the debtor which might be a liability to the debtor under TILA, a liability to the investor, or both, plus treble damages, rescission rights, and attorney’s fees.
  5. Opening the door for non-creditors to step into the shoes of a virtual creditor who has been paid, and claim that the debtor’s non-payment created a “default” — even though the creditor or his agents is holding money paid on the “obligation” that either cures the default, satisfies the obligation in full, or creates excess proceeds which under the note and applicable law should be returned to the debtor.
  6. Creates an opportunity for some party to get free money as revenue. In the current environment nearly all of the collection money obtained without investment or funding of one dime is going to these intermediaries who have been dubbed by many experts and legal scholars as pretender lenders.

 

Wall Street is not stupid. They have always understood that they could increase the pressure for a bubble and make money trading securities based upon rising prices. And they have always known that they could bet against the market, knowing it would crash.

Editor’s Note: Homeowners are not seeking a windfall but they are entitled to it. In all events they should not be requried to pay off a virtual debt without first receiving the benefit of the actual bargain into which they were lured by deception.

It’s not technical — It is very real! Securitization changed both sides of what appeared to be a loan transaction. It is now unrecognizable to lawyers.

SECURITIZATION CHANGED THE BARGAIN.

ONLY THE FINANCE SIDE GOT WHAT THEY WANTED.

People often criticize the points I make an appearance, articles, and pleadings because they think I am raising technical objections that won’t change anything. “You got the loan, didn’t you?” Actually no — virtually none of the transactions with homeowners resulted in anything resembling a loan agreement arising from a legally recognized loan transaction. But all of the participants from the world of finance used paperwork that was designed for loan transactions.

The balance of the bargain shifted completely with the advent of securitization.

In law school, we learn in the first few days of the first semester of the first class on contract law, each party to a contract must receive the benefit of the bargain. The essence of every loan agreement, and every contract in general, is that both sides have a reciprocal stake in the outcome of the performance of the agreement. Every contract requires a meeting of the minds, which means that both parties are in agreement as to the subject matter of the contract.

The fundamental shift that occurred when investment banks entered the lending marketplace under false pretenses was that securities brokerage firms were entering that marketplace without any risk of loss and with every intent of making immediate “trading” profits that in many cases exceeded any amount paid to or on behalf of any homeowner.

This complete absence of risk is what accounts for the inflated appraisals and underwriting of transactions based upon the ability to sell securities instead of the ability to profit from the interest on loaning money.

This changed the transaction without any notice or even any access to information for the average person. The average person was lured by deceit and misinformation into an application for a loan; and when the money appeared, they assumed they received a loan. Therefore, in good faith, they executed a promissory note for the return of the money, and a mortgage or deed of trust to secure the promise to return the money.

But what did they owe the thinly capitalized company or a name that allowed its name to be used as the “lender” and a transaction over which it had absolutely no control and in which it handled no money? Why did they owe money to anyone if the prime movers were participating without any risk of loss on the promise to pay elicited from the homeowner?

Who had a risk of loss?

Any investigation or research into securitization as it is currently practiced invariably and universally comes to the same conclusions every time. The only parties at risk are the homeowners and investors who loaned money to the investment banks under the false pretense of the sale of unregulated securities. Everyone else in the middle got paid in full. Most of the people and especially the investment banks got paid money that in some cases was hundreds of times the amount that they had previously been paid for introducing, brokering and underwriting transactions between the only two parties that had any financial stake.

None of the intermediaries had any risk of loss despite the use of more paperwork that pretended to create liability for bad underwriting or buybacks. All of the payment from homeowners has gone to those intermediaries. That includes the proceeds from foreclosed homes. And those intermediaries are under no obligation to use those proceeds to make payments to the investors who loaned money to the investment banks.

But the paperwork used to cover up this game create the illusion of just such an obligation, despite the vigorous defense of the intermediaries when sued by the investors. So far, the intermediary investment banks and related companies have won every case. In fact, the investors had not received a mortgage back security or anything resembling that type of instrument. They had received a discretionary, unsecured IOU that did not even qualify to be called a note much less a negotiable instrument.

What was the subject matter of the loan agreement?

The goal of the homeowner is simple: get a loan of money from a responsible lender that was based on a fair appraisal, on economically viable terms.

  • A responsible lender would have an equal stake in making certain that the appraisal was reliable and would have long-term staying power because they are relying on the ability to sell the collateral in the event the homeowner stops paying.
  • A responsible lender would have an equal stake in making certain that the terms of the payment schedule were economically viable because they are relying on the probability that the homeowner will continue paying the scheduled payments in order to make a profit.
  • In fact, a responsible lender is legally responsible to make a fair assessment of the appraisal as presented and in making a fair and honest independent judgment on the viability of the loan — for purposes of the alleged loan contract. That is expressly and explicitly set forth in the Federal Truth in lending Act and in many state statutes that are equal or greater than the duties and responsibilities of a lender in a loan transaction.
  • Instead, the abundantly obvious goal was to “underwrite loans” for the sole purpose of “selling” certificates (IOUs) to investors under false pretenses about the promises being definite, about the promises being backed by collateral and the promise that the subject matter of THAT contract (with investors) was to allow the investors to enter the consumer lending market with virtually no risk, insured certificates.
  • With that purpose in mind, as also became obvious in 2008, any hiccup in the continued sale of new certificates interfered with the plan and the ability (i.e., willingness) of the investment banks to make the payments that were promised to investors.

BASIC CONTRACT ELEMENTS WERE ABSENT

AND REMAIN BOTH ABSENT AND EXPLOITED

Pursuant to common law and statutory law in virtually all countries for more than 4 centuries, possibly back to the year 1215 (Magna Carta) all contacts require the following basic elements to be enforceable:

  • Meeting of the minds as to the subject matter
  • Reciprocal value paid by each in money or action
  • No violation of any other laws prohibiting either the contract or the promises
  • Execution of the contract by words and behavior.
  • Incorporation of restrictions. duties and obligations contained in other statutes or authority.
  • If in writing, a  memorialization of all of the above.

Those elements, each of them, have not been present in any transaction with any homeowner or consumer since the late 1990s. It isn’t a loan just because someone labels it as a loan. It must be a loan and there must be both a borrower AND a lender.

 

2022: Recap of what we know about foreclosures and securitization

Here is a line from another lawyer that I spoke with:

“The investment banks were not selling securities and they can’t say that they were because if they did say that then they would be saying that they were subject to registration requirements for initial public offerings. Their entire position is based on the assertion that compliance with SEC rules is barred by legislation in 1998-1999.

The investment banks were borrowing money under the false label of “certificate” that was nothing more than a nonconforming non negotiable unsecured discretionary promissory note — i.e., the common moniker of “IOU.” So it was a loan and not the sale of any security. Hence, no securitization. The use of SEC.gov is a ploy.

Similarly, homeowners were not borrowing money; they were getting paid for their appointment as issuers of base instruments used for the “sale” of “Certificates” and other derivative products by the investment banks. So no loan and no loan account despite the issuance of the promissory note and mortgage.”

STRATEGIES AND TACTICS

There are several stages or phases of confronting the banks:

  • Start the confrontation early — creating tracks in the sand:
    • Correspondence
    • QWR
    • DVL
    • Complaint to CFPB
    • Complaint to State AG
  • Challenging Notices in Court:
    • Notice of Substitution of Trustee
    • Notice of Delinquency
    • Notice of Default
  • Defending Foreclosure Process:
    • Defensive pleadings
      • Petition for TRO (nonjudicial)
      • Judicial Foreclosures
        • Answer
        • Affirmative defenses
        • Counterclaims
    • Post Judgment and Post Sale Motions and Actions 
      • Change of parties
      • Notice of payment to a third party
    • Proactive and Offensive Strategies and Tactics
      • Collateral lawsuit for Declaratory, Injunctive and Supplemental Relief
      • Bad faith claims against title insurers
      • Actions to reform original transaction
      • Offers of Judgment and Offers to Pay
      • Quiet title

Each one of the above is an expenditure of time, money, and effort. Each step up the ladder increases the total amount spent in fees on each step. Each step requires investigation, research, and consultation with a qualified, licensed forensic expert. Depending upon the resources of the homeowner, the goal can be set higher and higher up to and including the probability (no guarantee) that the homeowner will win and may even have grounds to file a quiet title action after defeating the foreclosure claims. Each step requires greater and greater time consumption for the lawyer.

Lawyers who assert representation of the opposition have received instructions to litigate far beyond the point when it is obvious they’re likely to lose. This tactic has been sued for centuries basically relying on the premise that the weaker opponent is not the one who lacks facts or law, but rather the one who lacks financial resources or will to continue.

Each of the above steps represents an opportunity to obtain at least a somewhat favorable settlement result. But none of them presents a guarantee nor will any favorable result, settlement, modification, or conclusion unless the homeowner persistently and aggressively litigated each issue and is able to withstand the initial losses with judges who don’t believe that homeowners have any meritorious defenses.

THE NEW DESCRIPTION FOR BACKGROUND OF TRANSACTIONS WITH HOMEOWNERS THAT ARE LABELED AS MORTGAGES

From the inception of the mortgage meltdown individual judges across the country have found that the evidence to support foreclosure claims — or any claims relating to an unpaid loan account — are absent or insufficient.

LABELS

The clear conclusion is that most if not all of the labels used by the financial industry are and have always been meant to deceive, mislead and confuse people who are not versed in current investment banking practices. These labels include but are not limited to the following:

  • Loan
  • Loan account number
  • Loan account
  • Interest
  • Principal
  • Servicer
  • Trustee
  • Trust
  • Claim
  • Payment History
  • Attorney
  • Attorney in fact
  • Power of Attorney
  • Assignment
  • Allonge
  • Endorsement
  • Depositor
  • Securities administrator
  • Mortgage acquisition trust or company
  • Securities Administrator
  • Risk manager
  • Title Insurer
  • Title insurance
  • Credit default swap
  • Portfolio
  • Pool
  • Mortgage loan schedule
  • Underwriter
  • Issuer
  • Mortgage-backed security
  • Certificates
  • Secured and unsecured

All of the above are valid legal terms. But in the securitization and foreclosure infrastructures that are fabricated, they don’t mean what most people think they mean. As a result, most homeowners end up expressly or tacitly admitting facts and laws about which they know nothing. By denying both the express allegations and the implied assertions, the homeowner vastly increases his or her chances of success.

ISSUES

The fundamental issues in virtually all residential foreclosures that have been revealed and established, and set forth on record in findings of fact and conclusions of law by judges, administrative agencies, and law enforcement all revealed by investigation and litigation Discovery and cross-examination) are the following:

  1. When tested, all of the presumptions attached to apparently facially valid documents fail.
  2. The lynchpin for all such attempts is the ability of a lawyer to say and submit almost anything under the legal doctrine of litigation immunity. Unless the attorney can be shown to have actual knowledge of the falsity of his assertions to the court, he or she is protected. Deceitful players can supply the lawyer with false documents and false statements that will only be uttered in court by the lawyer.
  3. The issues that are not being raised now are those attached to the “Payment History” and other records that are proffered to the court as business records that are exempt from the rule against hearsay. Those records are offered as though they were records of a “servicer” who receives, processed, accounts for, and disburses money that is paid or extracted from a homeowner or his or her home.
    1. But such companies that are claimed to be “servicers” do not perform any of those services and all information submitted under their name is supplied by third-party companies who answer to investment banks, not the “servicer”. The records and the Payment HIstories are false documents containing mostly false information and implied information about “loans.”
  4. By the time the “case” goes to court, there is no loan account receivable on the books and records of any person or business entity. Enforcement of a promise to pay is therefore barred under current law.
  5. The proceeds from the liquidation of property using the foreclosure process go to investment banks who receive such funds as additional revenue. Neither payments from the homeowner nor money from foreclosures ever reduces any loan account receivable due from them because no such account exists.
  6. Securitization as it is now used in practice results — in substance — in the immediate payoff of the actual, virtual or equitable loan account. By not recording receipts as credits to a loan account, the players maintain the illusion that the loan account remains unpaid until they voluntarily stop claims of rights to administer, collect or enforce the false representation of an unpaid debt.
  7. All such foreclosure claims use false information on fabricated documents that are forged, backdated, and robosigned to create the illusion of an existing valid transfer of the nonexistent loan account.
  8. Because most homeowners do not possess the required resources of time, money, and energy and because government agencies have failed to enforce even their own settlements agreements with players who promise to stop using fabricated documents, the defense side of these cases is rarely litigated in proper fashion.
  9. Favorable trial court decisions for homeowners who invest in their defense are mostly kept out of sight and under-reported because they are all confined to the trial court level which does not receive the attention given to appellate decisions.
  10. Favorable appellate court decisions are virtually nonexistent — except for extremely narrow technical issues. This is because when the homeowner persists and obtains a victory in trial court one of two things happens:
    1. A confidential settlement that often includes expungement of the court record.
    2. No appeal: the risk of an opinion being issued, even if the foreclosure lawyers prevailed, was far greater than the loss of the case.

******

DID YOU LIKE THIS ARTICLE?

Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.
Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.

CLICK TO DONATE

Click

Neil F Garfield, MBA, JD, 74, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
*

FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. You will receive an email response from Mr. Garfield  usually within 24 hours. In  the meanwhile you can order any of the following:
CLICK HERE TO ORDER ADMINISTRATIVE STRATEGY, ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER TERA – not necessary if you order PDR PREMIUM.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR Plus or higher)
*
*
CLICK HERE TO REVIEW AND ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
  • But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more.
  • Yes you DO need a lawyer.
  • If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
Please visit www.lendinglies.com for more information.

The Peculiar Corruption at the Heart of Most Foreclosure Cases

I would ask HUD, and CFPB  why they are not investigating and fining entities like PennyMac and Wells Fargo who frequently start cases in which the lawyers claim they are the creditor and then later admit to only being the servicer without ever actually identifying the party who maintains and a trust account or a loan account receivable. In what other universe would a judge hear “OK I am not the Plaintiff” and let the show go on anyway?
*
And maybe the key question is this: Why do you regulatory agencies continue to promote the idea that (a) foreclosures are used to repay debt and (b) that the investment banks issuing certificates were issuing mortgage-backed securities. Where is the SEC on this?
*
Even the most cursory investigation would reveal that neither of those concepts is true. And the only reason that almost everyone believes otherwise is that the agencies whom we are supposed to trust, are saying things and acting as though there is no need for an inquiry.
*
I have homeowners losing their homes and starting arguments with me because they don’t understand legal procedure or the elements of a prima facie case. Here is the bottom line: Homeowners generally cannot pay for a proper legal defense which can cost thousands if not tens of thousands of dollars. They are losing their homes because they are prevented from defending their homes.
*
But homeowners and other consumers who are using payments plans and other financial instruments of mass destruction have no reason to know about legal procedure, rules of evidence, pleading, motions, hearings, statutes, case decisions, rules, regulations, and orders.
*
Wall Street is getting away with the largest economic crime in human history simply because virtually all access to the courts has been chilled, stymied, or eliminated. Any attempt to use collective action and pool resources is met with opposition from the FTC  and even the bar associations.
*
And the reason they have the burden of defending their homes against immoral, illegal, and inequitable claims masquerading as attempts to pay off nonexistent loan accounts is that the regulatory agencies are not doing their job.
*
SPOILER ALERT: VIRTUALLY NONE OF THE FORECLOSURE SALES RESULT IN THE REDUCTION OF ANY LOAN ACCOUNT RECEIVABLE. FORECLOSURES ARE SIMPLY THE POINT WHERE THE FORECLOSURE PLAYERS STOP LITIGATING — UNLESS  THEY ARE FACING DEFENSES TO WRITS OF POSSESSION, UNLAWFUL DETAINER, AND EVICTION. IF THEY COULD SQUEEZE MORE OUT OF YOU, THEY WOULD.
And by way of analogy see the following link:

Happy New Year with Hope and Progress!

May everyone welcome the New Year with a sense of “relief in sight.”

 

Delaware Federal District Court Challenges the Ghost Nature of REMIC Trusts and BY Implication the Role of Trustees

OK. This is subject to rehearing, reconsideration and appeal. But in Delaware where the financial industry is coddled to the point of absurdity (statutory trusts are not trusts), this ruling is highly significant. Allow me to say “I told you so.”

Here is the decision: REMIC Trust MTD-AC-decision-2021.12.13

Here is an article about the decision written by  on 

CFPB Wins Reversal of Dismissal – And Key Ruling on Securitization Trusts

Key quotes from the article are as follows:

    • the district court ruled that, at least at the motion to dismiss stage, the CFPB had properly asserted claims against the Trusts. It is this aspect of the court’s ruling that may have broad ramifications for securitization trusts. Various Trust parties that moved to dismiss the case had argued that the CFPB could not properly assert claims against pass-through securitization trusts because such trusts are not “covered persons” under the CFPB’s authorizing statute. That statute provides that the CFPB can only seek to enforce prohibitions against unfair, deceptive and abusive acts and practices against “covered persons,” a term defined as anyone who “engages in offering or providing a consumer financial product or service” (emphasis added).
    • The Trust parties argued that as pass-through entities with no employees the Trusts could not “engage” in providing a consumer financial product or service and the only proper defendants are the entities that do so directly (in this case, the servicers and sub-servicers). [Editor’s note: As with all schemes based upon plausible deniability, lawsuits against U.S. Bank, Deutsch Bank National Trust Company, Bank of New York Mellon, various Willmington entities and others have completely failed because the “trust” (frequently nonexistent and always empty), acting through lawyers who claimed to be representing the trustee basically convinced every judge that the trust could not possibly have done anything wrong because all duties and obligations of the trust and the trustee were delegated to companies that were claimed to be “servicers” and “subservicers.” Consumers, homeowners, attorneys, judges and regulators all got confused by this labyrinth, but this case takes a large piece out of that argument.]
    • Relying on dictionary definitions of the term “engage,” the district court held that by contracting with others to service and collect student loans, which the court described as “core aspects of the Trusts’ business model,” the Trusts had “engaged” in those acts and were thus covered persons. Whether this holding withstands the scrutiny of further litigation, and whether other courts adopt its reasoning, will have important implications for both the CFPB and for the securitization industry more generally.

    Significant quotes from the case decision:

    • Since the Trusts have no employees, they collect debt and service the loans through third parties. First Am. Compl. ¶ 29.
    • in 2009 the Trusts contracted with a special servicer to collect “pastdue and defaulted student loans” and to do “collections litigation.” D.I. 54, at 5. The special servicer, in turn, entered into agreements with “subservicers,” who would “conduct[] collections” and “oversee[] various law firms that [would] file collection lawsuits against borrowers in the name of the Trusts.” Id.; see First Am. Compl. ¶¶ 38–44.
    • But the subservicers soon attracted the attention of the CFPB. After a lengthy investigation, it found that the subservicers had “executed and notarized deceptive affidavits” and “filed … collections lawsuits lacking” key evidence. First Am. Compl. ¶¶ 49–50. The CFPB concluded that they engaged in unfair and deceptive debt-collection practices. D.I. 54, at 1–2. (e.s.)
    • The Trusts do not deny that their subservicers collected debt or serviced loans. Instead, they contend that the CFPB cannot hold them liable for those actions. D.I. 367, at 13. The Trusts characterize themselves as “passive securitization vehicles … [that] take no action related to the servicing of student loans or collecting debt.” Id. at 12.
    • the CFPB alleges that the unfair and deceptive debt-collection practices happened in lawsuits brought on behalf of the Trusts, with the “relevant Trust … named [as the] plaintiff in the action.” First Am. Compl. ¶ 37. Those suits could have proceeded only with the Trusts’ involvement: with narrow exceptions, “a party … must assert his own legal rights and interests.” Kowalski v. Tesmer, 543 U.S. 125, 129 (2004) (internal quotation marks omitted). The subservicers could not have collected any debt without the Trusts’ say-so. (e.s.)
    • The Trusts cannot claim that they were not “engaged in” a key part of their business just because they contracted it out. Cf. Barbato v. Greystone All., LLC, 916 F.3d 260, 266−68 (3d Cir. 2019) (finding that a “passive debt owner” counted as a “debt collector” under the Fair Debt Collection Practices Act when it contracted with a third party to collect debt on its behalf).
    • if Congress wanted to allow enforcement against only those who directly engage in offering or providing consumer financial services, it could have said so. See, e.g., 12 U.S.C. § 5481(15)(A)(vii)(I) (exempting some merchants from “covered person” status where they deal in “nonfinancial good[s] or service[s] sold directly … to the consumer”).
    • because the Trusts themselves count as covered persons, I need not decide whether a non-covered-person principal can ever be held vicariously liable for the acts of his covered-person agent. (e.s.)

    Bottom Line: This case is NOT an authoritative precedent that is binding on other judges even within the same district. But it is very persuasive authority supporting lawsuits that name the “trust”, the “trustee” and quite probably the investment bank that used the name of the trust to do business and borrow money from investors under the guise of selling them “mortgage-backed securities.”

    In plain language, this opens the door to suing the trustees and the trusts in addition to the companies that are claimed to be servicers and sub-servicers.

    I would add that either vicarious liability or liability established through piercing the veil of the empty REMIC trust could now be attached to the investment banks that initiated each securitization scheme and especially all those who participated in the foreclosure game in which a remedy is sought for a trust that will never see the remedy (foreclosure) applied to any entity bearing the name of the trust, the trustee or any investor. If I am right, this decision could be the start of the end of securitization as now practiced.

    Just ask them — U.S. Bank, Deutsch Bank National Trust Company, Bank of New York Mellon, various Willmington entities — have you ever been paid one cent from the sale of a foreclosed home on behalf of a REMIC Trust?

BetterMarkets.com publishes report on bailouts totaling $27 trillion. Can’t we do better than this?

see Better%2520Markets%2520-%2520Wall%2520Street%2527s%2520Six%2520Biggest%2520Bailed-Out%2520Banks%2520FINAL.pdf&clen=3848125&chunk=true

Out of sign, out of mind. This report correctly describes the total in “bailouts” that went not to depository institutions but to risk-takers and frankly law violators on Wall Street. And part of the “bailout” was that those same businesses were suddenly chartered overnight to be licensed as commercial banking institutions — so that the “bailouts” could be received by them.

Analogy: that single change in chartering competent financial institutions was like taking a murderer and then licensing him to perform surgery thus allowing the defense that the victim died from negligence instead of first-degree murder.

But something is missed by nearly everyone because they all subscribe to the false national narrative under which the weapons of mass financial destruction were created that destroyed the economy in 2008 and might still again.

There was no bailout. No money was lost resulting from either loan defaults or a decline in value of certificates that were falsely labeled as Mortgage-Backed Securities (MBS) or Collateral Backed Securities (CBS).

The money given to the six major banks was the result of what I believe to be deceit and extortion. President George W Bush had it right initially when he refused to do the “bailout.” He caved because eventually believed that the stories coming out of Wall Street were true and that therefore the economy would collapse if the investment banks were not given what they wanted.

In contrast to the policies that led to printing money on a grand scale, the opposite policy of providing relief under existing laws, rules, and regulations was ignored. The $8 trillion given to the investment banks and $27 trillion in total could have been better spent or not spent at all.

The evolution of the TARP plan shows that policymakers became deeply aware of the law. they understood that the investment banks had no losses — not from so-called loan defaults and not from so-called losses incurred by the investment banks on the certificates they were selling. The latter was true because the investment banks were selling and not buying and therefore the only “loss” they incurred consisted of profits they ould have generated had the selling of fake certificates been continued (which eventually occurred anyway).

Appraisals were known to be hyper-inflated — something that was known by the Federal and state governments since the inception of the securitization era. This enabled the investment banks to pick up a handy bloated yield spread premium immediately upon the consumers’ execution of loan documents. The viability of many loans was virtually nonexistent. Iceland simply cut household debt and jailed the bankers who committed the various acts of fraud and deception.

Iceland’s recession was over in 3 months. 12 years later we are still recovering. Had we simply done what was required, the fiscal stimulus to the main street economy would have been in the trillions of dollars without taking one dime from taxpayers. The dollar would not have been diluted and American power would have maintained its peak.

By reducing household debt that was created by false appraisals and failure to comply with generally accepted and statutory rules governing the viability of loans, the economy would have received a stimulus far in excess of anything that was distributed or even proposed.

Eventually, this inequity might be resolved. But as Winston Churchill said, “You can always count on the Americans to do the right thing — after they have exhausted all other options.” Once again we have politicians who remain and even insist on being out of touch with the people who vote in elections, most of whom understand full well that they should not have been required to pay for Wall Street misbehavior.

Wilmington Entities in Foreclosure

The “Wilmington” name shows up with what appears to be increasing frequency in foreclosures. The bottom line, in my opinion, is that whenever the “Wilmington” name appears in foreclosure cases, it is an attempt to launder title such that the lawyers who prosecute the foreclosure process can reasonably imply that he or she is representing a creditor who is one or more of the following — none of which are true in any respect, in my opinion, and no evidence has ever been produced to support these premises:
  1. it is a holder in due course of a promissory note,
  2. It has paid value for the underlying obligation due from a homeowner to the “client” that the foreclosure lawyer asserts is making the claim
  3. it is a successor lender
  4. it is part of a trust, implying that there are beneficiaries or investors on whose behalf the client/claimant appears
  5. it maintains a trust account in which a loan officer maintains a loan account receivable payable by the homeowner to the trust or trustee
  6. it has a relationship in which some company is a servicer — i.e.e, a company claiming to process payments, accounting entries, and disbursements to and from homeowners and investors or beneficiaries.
  7. the remedy (forced sale in foreclosure) will produce money proceeds that will be paid to the Wilmington entity whose trust officer will credit (reduce) the amount supposedly due from the homeowner — as reflected on the trust account containing the loan account receivable relating to the homeowner.
In reviewing hundreds of “Wilmington” cases I have not seen a single instance in which any of the above premises are true. All of the cases rely upon the invocation and court acceptance of the application of legal presumptions under the evidence code arising from the apparent facial validity of fabricated, false, forged, back-dated, and robosigned documentation. Not all “Wilmington” names are part of false securitization schemes. Wilmington IS the name of a city. Careful analysis is required.
This is an incomplete history of known Wilmington names that have been successfully used/abused in invoking the foreclosure process:
  • Wilmington Financial” is a name that does not appear to be legal business entity registered or organized in any jurisdiction — but our investigation is not complete. The use of this name as a “fictitious name” — i.e., the name under which a legal business does business is common. It is listed as a financial consultant on the internet.
  • “Wilmington Trust” is or at least was a registered legal business entity whose common shares were traded on the New York Stock Exchange (WL).
    • Wilmington Trust is one of the top 10 largest American institutions by fiduciary assets. Wilmington Trust was a provider of international corporate and institutional services, investment management, and private banking. It was acquired in 2011 by M&T Bank.
    • M&T Bank Corporation is an American bank holding company headquartered in Buffalo, New York. It operates 780 branches in New York, New Jersey, Pennsylvania, Maryland, Delaware, Virginia, West Virginia, Washington, D.C., and Connecticut. It is not known whether the Wilmington Trust entity has survived the acquisition in any way indicating that there are operations.
    • In 2018 and 2019 several executives of Wilmington trust were convicted and sentenced to prison for issuing misleading reports about the status and ownership of various loan accounts — both residential and commercial. As with Wilmington Financial, the use of the name continues but more as a corporate veil for asserting claims of rights to administer, collect and enforce loan accounts.
    • There is no evidence and no assertion by any officer of of those entities that any loans, loan accounts or obligations were ever acquired by Wilmington Trust nor were any acquired by M&T Bank.
  • “Wilmington Savings Fund Society” is a Federal Savings Bank that primarily operates under the name of “Christiana Trust” which is now listed as a subsidiary of Wilmington Savings Fund Society but was previously advanced by lawyers pursuing foreclosure as a legal entity. Christiana Trust is neither a trust nor a subsidiary as far as we have been able to determine. It is a veil for pursuing claims without liability for pursuing false claims.
  • WSFS Bank” WSFS Financial Corporation is a financial services company. Its primary subsidiary, WSFS Bank, a federal savings bank, is the largest and longest-standing locally managed bank and trust company headquartered in Delaware and the Greater Delaware Valley. Christiana Trust Company of DE is a Delaware limited purpose trust company that offers Delaware Advantage trust services, including directed trusts, asset protection trusts and dynasty trusts.
  • Cypress Capital Management is a registered investment advisor with a primary market segment of high net worth individuals offering a balanced investment style focused on current income and preservation of capital.
  • Powdermill Financial Solutions is for ultra-high net worth families, entrepreneurs and corporate executives.
  • WSFS Institutional Services, a division of WSFS Bank, offers owner and indenture trustee services for asset-backed securities, indenture trustee for corporate debt issuances, administrative and collateral agent for the leveraged loan market, as well as custody, escrow, verification agent and independent director services.
    • WSFS Wealth Investments provides insurance and brokerage products primarily to WSFS Bank’s retail banking clients.
    • West Capital Management offers fee-only and fully-customized investment, tax, and estate planning strategies to high-net-worth individuals and institutions.
    • WSFS Mortgage, a division of WSFS Bank, is listed as a mortgage lender providing a wide range of mortgage programs in the Delaware Valley and nationally. Arrow Land Transfer is a related title insurance agent serving communities in Delaware, Pennsylvania and New Jersey.
  • WSFS Financial Corporation” WILMINGTON, Del., Nov. 02, 2017 (GLOBE NEWSWIRE) — WSFS Financial Corporation (NASDAQ:WSFS), today announced the formation of a new trust company, Christiana Trust Company of Delaware. The new trust company will be a wholly-owned subsidiary of WSFS Financial Corporation and will supplement the existing WSFS Wealth businesses, including; WSFS Wealth InvestmentsCypress Capital ManagementWest Capital Management, Powdermill Financial Solutions and Christiana Trust, which is a division of WSFS Bank.
  • Wilmington Finance” is listed as a mortgage company. The Company underwrites and sells mortgages. SECTOR. Financials. INDUSTRY. Financial Services. SUB-INDUSTRY. Incorporated in 1994.
  • Wilmington Financial Group, Inc.” is listed as a financial consultant that may have some connection to one or more of the above entities
Your case needs research, analysis, and strategic analysis.
****
DID YOU LIKE THIS ARTICLE?

Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.
Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.

CLICK TO DONATE

Click

Neil F Garfield, MBA, JD, 74, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
*

FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. You will receive an email response from Mr. Garfield  usually within 24 hours. In  the meanwhile you can order any of the following:
CLICK HERE TO ORDER ADMINISTRATIVE STRATEGY, ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER TERA – not necessary if you order PDR PREMIUM.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
*
CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
  • But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more.
  • Yes you DO need a lawyer.
  • If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
Please visit www.lendinglies.com for more information.
%d bloggers like this: