What do these case decisions mean?

First, you must realize that they are not “Law” with a capital “L”. Other jurisdictions could return opinions that are completely the opposite of the ones we have seen recently. I consider that unlikely. The reasoning is exactly what I have been saying for 2 years when I predicted the title issues, the enforcement issues, the money issues at origination and the money issues at foreclosure. Simply said the great fraudulent scheme is unraveling and that means that LEGALLY speaking virtually ALL foreclosures — past, present and future — are subject to reversal, dismissal and orders and judgments thereon vulnerable to being vacated or reversed. What it means is that the REAL LENDER must step forward and the borrower will meet the real lender for the first time. When they compare notes, don’t be surprised when they join hands and sue the intermediaries that made a fortune from the misfortune of investors and homeowners.

Second, it means that the shell game consisting of late fabrication and forgery of documents will end. The pretender lenders will be treated for what they are — impostors.

Third, it means that the encumbrance on your property might be vulnerable especially where the originating lender is out of business.

Fourth it means that attempted modifications, settlements, short-sales, resales, refinancing are all subject to title defects that must be corrected by a court order declaring the condition of title and any encumbrances that exist either by claim in equity (equitable subrogation) or law (unlikely to succeed).

Fifth, it means that in discovery either in or outside of litigation, you want to see the transmittal documents by which the foreclosure — judicial or non-judicial — were initiated. These “referral documents” contain information that will probably show that the would-be forecloser, the pretender lender, is attempting to sue in its own name, take the house, the proceeds and achieve a windfall, since the investors don’t seem to be getting any of the benefit.

Sixth it means that an indorsement in blank is no indorsement at all. And if it isn’t recordable or recorded, it will never count for anything, just as I have all along. There is no cure for a title defect of that nature. And it means that everyone up through the entire securitization chain is liable to the investors for improperly handling the transactions and hiding the promiscuous profits that were hidden from both the investor and the homeowner.

Seventh, it means that the pretender lenders cannot simply claim to be representing an unnamed actual lender and get away with it. This Ibanez case and others that will follow shortly, clearly puts that to rest. If the pretender have a case, they will need to prove it through evidence rather than assumptions and reputations.

Eighth, it means that if they finally give you the real documentation, you will see for yourself and so will the court, that the real parties in interest are not only not present in court but don’t even have actual notice of the proceedings, much less service of process.

Ninth, it means that there will be massive judicial and legislative intervention to clear up the title problems that currently exist on perhaps as many as 60 million properties.

Tenth, it means that every attempted assignment of an interest in an encumbrance on land is a transfer of an interest in that land and is subject to the state’s recording statutes, property laws, and contract laws. While MERS was specifically excluded from the Ibanez cases, the logic and reasoning are inescapable — a nominee that is strictly a straw man is no nothing for purposes of endorsement or transfer. It is a blank. As such it creates no encumbrance on the land. Combining the Kansas Landmark decision with the Ibanez decision it is an inescapable conclusion that MERS has already failed along with all deed and documents containing its name — subject to widespread recognition and acceptance by the courts across the country.

And finally, it means that if the current trend continues we will have a massive transfer of wealth back to the middle class whose vulnerability as targets for fraud was just irresistible for these schemers. It is the only hope for our society — to have a middle class that is strong and stable. Without it, history has shown, such societies crumble under their own weight.

29 Responses

  1. I was told by someone that if i just got a securitization audit showing the wrongful party is foreclosing and sent it over to the bank without litigation that the bank would reach out and offer me a restructured loan? Does that sound accurate? My feeling is that the bank will look at any audit and just laugh. I also beleive that it will require litigation built on the securitization findings to defend myself against a pretender lender foreclosing? Does anyone have any thoughts on that?

  2. Have filed a Response to Motion for Order Authorizing Sale by Wells Fargo, who no longer owns the Note and Deed of Trust. Hearing for Order is 2/2/2011. We shall see if the court even reads our motion with exhibits showing we filed RESPA demands. The RESPA responses have not shown up here yet. We cited Ibanez in our Response. Ach! What a nightmare! We want to keep the property but no job yet to even modify the loan with the original lender (Wells Fargo, NA).

  3. I am so grateful for these documents and all this information.
    It’s a lot to absorb, but I’m glad for the chance.
    I wanted to know if there is some kind of motion to dismiss, or letter or something to stop a foreclosure from being tried in court or to stop a sheriff’s sale that a lay person could use. I want to have enough time to get a forensic audit done and in my hands.
    I live in Michigan and the courts are not always favorable to home owners.
    Also is there a statue of limitations on filing to get your house back after an illegal foreclosure?
    thank you so much and God bless you.

  4. The information on this site is helpful for those of us that choose to fight rather than lay down. I currently have three lawsuits in progress with a fourth just around the corner. One problem I was confronted with is that WaMu was the original pretender lender, they went into receivorship, that’s where it gets sticky. JP Morgan Chase became the assuming bank, in doing so is attempting to use the FDIC as a loan laundry mat. Claiming time-barred and procedural requirements of the claims process through the FIERRA strong arm of the FDIC. Meaning that once the FDIC becomes the receiver, all claims have to first be exhaused through that process before any litigation can occur. My argument is that the FDIC has acquired this loan by false pretenses in that WaMu never owned the loan at the time of origination, therefore could not pass clear title to the FDIC and then, therefore JP Morgan Chase. I am demanding that chain of title, cahin of mortgage and the original promissory note be made available for a forensic examination. Thus far, they have attempted every underhanded tactic imaginable. They moved the case from state court to district court right out of the gate, to their error. Now the case is split and is getting more expensive each day. That’s ok because I’m representing myself. I have everything to gain and litteraly nothing more to loose. I will force them to settle one way or another, in that it’s not cost effective for them to keep fighting a potential losing battle too long. I am suing for quiet title and declaratory judgement with damages. Unbelievable as it may sound, WaMu actually sent someone to my home to lock me out after being 20 days late at their direction in an attempt to qualify for a modification. They had no intention of modifying anything but rather tried to steal the property through their illegal foreclosure process. Big mistake. I just recently filed my amended complaint so now we start over. Its been a year since this whole thing started, and we aren’t even close to discovery yet. I have stopped making the $8500.00 payments when they tried to lock me out as you may imagine and can only hope that in some little way, they may have come to the conclusion that not everybody will tolerate their criminal activity.

  5. I have contacted two of the biggest “talk host” radio shows in my area via e-mail, to explain to them that, this problem can turn them into “real” heroes by exposing the big problem that we all are up against. One of those shows it’s extremely prominent in regards of exposing stupid politicians doing stuff that they should not be doing in “our behalf”. hopefully i will great a response here real soon. i will keep you all posted, in the mean time i would suggest you do the same wherever you are at. WE NEED TO GET GOING NOW!!! I feel we have a great window of opportunity right now, with these cases fresh out of court, we must take advantage of that ant put it on their plates while is still steaming, so that they can smell the “problem” themselves.
    Our time is coming America, we must keep on taking steps forward and make all branches of government aware that we are NOT willing to take this crap anymore. We must march forward with solid and consistent steps. To Victory America!!!!

  6. Sorry, i think i meant to say “i agree with the comment below.” Thank you Neil Garfield for this most wonderful and glorious website. I see you have given many people reason and hope to live to fight another day.

  7. I had set up some accounts and posted on some discussion boards, until I was getting censored. In some areas there are still too many people who do not understand how deep the rabbit hole goes. While I agree with the comment above and every bit helps, the judge and jury are the most important ones that need convincing. Seeing is believing and awareness is good but a verdict in your favor is priceless. A little bit of everyting certainly cannot hurt. All good ideas on this site!

  8. Jose Fighter, JlSemidly, StopGovtwatse and Everyone,

    This is exactly what we need to do. We need to bug / educate the hell out of the news paper editors, TV stations, bloggers, main stream media outlets, etc and organize with our neighbors, friends, families and strangers…

    But I believe we need to do this all online, on the Internet. It is SO powerful. It is a collective thought of millions that can be anonymous and at the same time be authoritative. Social media is where it is at to get to the masses, the main stream. Set up twitter accounts, facebook accounts, go on digg, friend feed, scribd, wordpress, etc. Create accounts on all the “news” sites and post comments in every main stream media post that has anything to do with what is going on. Every time you read a blog, news post, opinion or comment on a story that is related to the frauds that are being perpetrated post something in the comments!

    There are so many, 60 million or more, that are in the same situations as we are but have not been “enlightened” as we have…

    If we all can give a little insight to the injustices that are going on by doing this, we can shut down these pretender lenders and show them for what they are.

    I am doing it and it is working. All the positive feedback and emails I am getting from so many people makes it worth the effort.


  9. I have been making the rounds here in my area, and it works if you make the news the news. If you organize a protest as it has been suggested and make the media the target itself of one of those protests, you would be surprised. Many of their staff employees are in trouble like we are.

    I have analyzed documents of government employees, lawyers, mathematicians, economists, and even diplomats here in the Washington DC area and these people are not moronic idiots.

    The web of fraud was very well elaborated and we all fell for it, over 60,000,000 promissory notes, in other words, 60,000,000 million families, people of all walks of life, professionals, even the US President may have one of those securitized loans.

    If the media does not make it the news item of the day, well we then must force them to. Who has filed ethics complaints against the foreclosure mills in your town?

  10. Jose,

    I appreciate your enthusiasm. I too had the same amount that you possess, but you are obviously are not from Oregon. These pinheads out here, the Oregonian and OPB continually ignore the idea of MER’s. They still see us subprime borrowers as low life moronic idiots, as they refuse to even recognize MER’s ….I have been after them for months now and they just do not care…

  11. let us bug the hell out of the news paper editors and TV stations, let us organize with our neighbors friends and families. Let us protest in front of the court houses, in front of the foreclosure attorney offices.

    This is the time to put the pedal to the metal, now that these pretender lenders are trying to change the focus on to profits and not our great financial debacle.

    Today they spent 15 minutes talking about the $3,000,000,000,000.00 that Goldman Sacks made in profits this quarter and only 25 seconds to tell the foreclosure story from Realty Trac.

    If we all do not put pressure , the same judges that have been in bed with these lenders and foreclosure lawyers will continue to decide against all of us.

    Iy is up to us to make everyone understand what this fraud as all about.

    Only the Boston Globe had something on their pages about the Massachusetts case. No one else picked up on the news.

  12. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”


  13. Charlie A – AGREED!!!! Anyone in FLORIDA wishing to coordinate a joint effort please email me; stop_govt_waste@hotmail.com


    I called the County Manager’s office and spoke with a very nice lady who not only provided me with the ordinance that covers protesting, picketing and soliciting on County property – but she truly understood the nature of my call and why I was so passionate about protesting.

    I emailed our County Manager & Circuit Court Administrator and asked;

    “Is it conceivable that there are homes being foreclosed in this district under the guise of legitimacy by parties who have no beneficial interest whatsoever in the loan and lack standing?”

    I further went on to explain;

    “I am speaking on behalf of the thousands of people in this County who are faced with foreclosure or have abandoned their homes due to bogus suits being brought by foreclosure mill attorneys who have (and in some instances succeeded) attempted to manipulate our judicial system to commit fraud on the court and deprive individuals of due process of law and stripped them of their property without proper standing.”

    While comparing the current financial maelstrom to food safety might be a stretch – it does give one insight as to the responsibility of the branches of our government to ensure the safety and security of “We the People” (WTP). Isn’t that what our hard earned tax dollars are used for???

    Consider this;

    *** Americans do not want to worry about the safety of the food we eat. Indeed food safety is something we take for granted. But who assures this safety? Bureaucrats do.

    It is their job to keep our food safe from contamination. Although we rarely think about food inspection, they represent one of the most important regulatory functions of government. The fact that we rarely think about food safety is testimony to the success of bureaucrats in carrying out their tasks.

    Policing the food supply is not a straightforward task however. It involves a complex web of federal agencies and overlapping jurisdictions. Twelve agencies and 35 statutes regulate food safety.

    Eggs in the shell fall under the purview of the FDA, but once cracked and processed, they come under the jurisdiction of the USDA. The USDA is responsible for regulating meat and poultry while the FDA handles most other food products, including seafood and produce. Cheese pizzas are the FDA’s responsibility, but if they have pepperoni on top, Agriculture inspectors step in.

    Other parts of the government also play a prominent role in enforcing food safety laws. For example, The EPA oversees pesticides applied to crops, the CDC tracks food-related illnesses and the Dept. of Homeland Security coordinates agencies’ safety and security activities.

    Is this complex system the result of bureaucratic maneuvering? No, Congress created the system layer on top of layer, with little regard to how is should work as a whole. Critics argue that the system is outdated and that it would be better to create a single food safety agency that could target inspections, streamline safety programs, and use resources more efficiently.

    Such proposals have generated little enthusiasm in Congress, where committees are sensitive about losing jurisdiction over agencies. For example, in the house, the Energy and Commerce Committee has oversight over the FDA, while the Agriculture Committee has responsibility for the USDA.

    Bureaucrats face other challenges in insuring safe food. The FDA has only about 430 inspectors to keep tabs on more than 53,000 establishments that produce, process or store food other than meat and poultry. The agency carries out about 5,000 inspections per year so the average company is subject to an FDA inspection just once every 10 years.

    Bureaucrats are central to our lives. They provide essential public services. Bureaucratic power extends to every corner of American economic and social life, yet Bureaucrats are scarcely hinted at in the Constitution. Congress creates each bureaucratic agency, sets its budget and writes the policies it administers.

    Most agencies are responsible to the president, whose constitutional responsibility to “take care that the laws shall be faithfully executed” sheds only a dim light on the problems of managing so large a government. How to manage and control bureaucracies is a central problem of democratic government.

    Reigning in the power of bureaucracies is also a common these in debates over the scope of government in America. Some political commentators see the bureaucracy as the prime example of a federal government growing out of control. They view the bureaucracy as acquisitive, constantly seeking to expand its size, budgets and authority while being entwined in red tape and spewing forth senseless regulations. Others see the bureaucracy as laboring valiantly against great odds to fulfill the missions elected officials have assigned it.

    Where does the truth lie?

    (Edwards, III, Wattenberg, & Lineberry, 2008)Edwards, G. C., III, Wattenberg, M. P., & Lineberry, R. L. (2008). Government in America: People, politics, and policy (Brief 9th ed.). New York: Pearson Longman.

  14. To Ken Dost,

    Best I can say are these…..

    Pro Se


    livinglies…… RIGHT HERE, there is much
    buried treasure to dig out


    Go to the relevant court in your area;
    look up case files where people
    fighting the foreclosure fraud.

    Find cases where there at least
    the homeowner is prevailing on
    some motions …….
    call those attorneys who are
    representing them.


    godspeed Ken, remember you are not alone.

  15. I will be filing a Quiet Title Action in Riverside County, CA next week. The court docs are nearly completed. I am equal parts homeowner and homeowner activist. I hope that the case I am about to file, will benefit other homeowner’s as well as myself. At the end of this month, it will have been one year since I FedEx’d my first RESPA Qualified Letter request for a loan modification, to the servicer. In good faith, I continued making mortgage payments until the servicer made it clear in writing, that they would not consider a loan modification unless and until I stopped making mortgage payments. I made my last mortgage payment in February 2009 and have been aggressively attempting to obtain a loan modification since.

    I am in a growing group of homeowners that some in the CA media have been referring to as “Strategic Defaulters”. Hardship is not our motivation. A Notice of Default was recorded against my home on May 15, 2009. After a great deal of research, I retained what I thought to be a reputable Orange County CA law firm, to continue negotiating with the servicer for a loan modification. I trusted the law firm until I received a Notice of Trustee Sale. That was a brutal moment of truth about the urgency of my situation, and about predatory attorneys in this vulnerable homeowner environment.

    The first trustee sale date was postponed and law firm negotiations with the servicer finally began. Less than 2 weeks later, I contacted the new attorney assigned to my case, for an update, only to discover that he had apparently jumped ship also. With the postponed trustee sale date rapidly approaching, I immediately contacted the servicer and HUD and on a 3-way phone conversation initiated by HUD, they asked the servicer for another trustee sale postponement. HUD told the servicer, with me on the phone, that I did qualify for a government sponsored loan modification. The servicer told me to resubmit another complete document “package” (I think that’s the 8th completed package I’ve submitted so far, to the servicer.

    I did as they asked and I also phoned another attorney about filing a Quiet Title Action. I emailed over a current ‘mini’ title report that I had purchased, which also includes copies of all documents recorded against my property. The attorney reviewed the report and concluded that I did have reconveyance issues, but overall the words “MERS AS NOMINEE FOR…..” didn’t really cause him any concern.

    Faulty and/or predatory attorneys are a huge problem for we toxic asset homeowners. The servicer confirmed today, that the trustee sale scheduled for tomorrow, on my home, had been postponed once again.

    All of my efforts moving forward, will be in the vein of, “There’s A Job That Needs To Be Done Here, Let’s Get Busy And Do It”. I am in need of an attorney, familiar with CA property law, and familiar with all of the recent cases and issues concerning MERS….to review my court papers. I want to make absolutely sure that everything is in order and that all matters relating to a strong Quiet Title Action, are addressed, before I file. I am not looking for a freebie, or a handout. I am looking for an attorney who knows what they’re doing. Interested attorneys, please contact me at pbvsgmac@yahoo.com. My name is Pat. Thank you.

  16. By the way, i want to thank NEIL once more as i will many more times in the future for having this awesome blog, NEIL you are a blessing to all of us, as much as you must be a nightmare to all of the thieves that soon will be running like roaches, RAID anyone? thanks much again NEIL, you rock!!!!

  17. TO: stopGOVTwaste:

    200% agreed with the idea of getting out there and protest in front of our court houses at a national level, that unquestionably will bring the much more needed attention that this disgusting economic mess created by the most evil people in this country need like yesterday!!. I am serious if you live in CA. we need to talk and organize something here at a large scale, something that will bring thousands of people together to pursue our common goal, to bring all the evil bastards that are trying to steal our homes to justice.
    it would be awesome to have a few hundred people to come over to our local courthouse and recite the 14th. amendment out loud!!!
    i can hear the squeaky platform on which these dirty thieves are standing beginning to break, and while i agree with other here that some of the cases do not apply to other states, i also know that the ripple effect is starting to build up, the inevitable is coming, does not matter how much they(the thieves) try to stop it, the levy is giving way, and they are at the very front of the current that will sweep them away into hell!!
    To victory America!!!

  18. How to and what to file pro se in Oregon to prevent foreclosure….i can not find one attorney in Oregon that is not a pinhead and gets it, or even tries to get it………HELP

  19. Thanks Mr. Grafield for being not only eloquent but educative, and to think that I had to inetview 120 different lawyers in MD, DC and VA to find a few believers and now they are winning!.

    Now that this pretender lenders have been unmasked, can we flood the court houses and file a watershed of actions to quiet title with TRO’s, can we do an action to quiet title in BK court or just in our local neighborly court house.

    I was just talking today to a gentlemen from Kentucky and we were discussing quiet title actions and this cases in particular and their national implications.

    Share the news with your neighbors, family and friends this is better than “LIE TO ME”.

  20. QUIET TITLE-QUIET TITLE-it sounds like all of us with securtized loans need to hit them first and sue for quiet titlte action. LETS START A WAVE OF QUIET TITLE ACTIONS…Mr. Garfield could you start a tab/section for quiet tilte and quiet title cases as templates???

  21. When reading these cases, you have to remember that other states may allow foreclosure by advertisement, which is an extra-judicial proceeding. The traditional requirements of standing do necessarily not apply because there is no court action. Indeed, the first note holder is wiped out in foreclosure by advertisement regardless of the value of the property, and even if the wrong party forecloses. This is not the case in states such as Ohio. Therefore, a common mistake is to think that cases in other jurisdictions apply with equal weight in other states. Most often, they do not.

  22. In almost every case these pretender lenders do not and did not own the loan. Almost all loans during the boom were securitized and it was investors that put up the money. Not the banks.

    Now they are trying to steal the homes by filing fraudulent assignments by the thousands to process the foreclosures.

    See for you yourself.



  23. I’d like to know why the MERS system that was supposed to make things soooo much easier to track has done exactly the opposite? Do we need to plan a day where we can protest (nationally) at our local courthouses just like they did in 1786?


    Per the 14th Amendment;

    “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”.

  24. Based on the ninth point above- does anyone forsee the govt stepping in and changing laws which will override all the hard work of the homeowners that fought ? (possibly allowing the banks to foreclose?, etc)

    Is there any way they can legally do that? The govt or someone will have to deal with these title issues eventually. As you have stated before, I can not imagine the mess regarding the title claims.

    Please advise


  25. […] October 14, 2009 · Leave a Comment What do these case decisions mean? « Livinglies?s Weblog […]

  26. When one considers that the “big” banks were leveraging their capital 100 to 1 with the blessing of
    the Federal Reserve and using “fly by night” mortgage
    lenders to manufacture these loans out of nothing, for resale to gullible investors, the magnitude of the fraud becomes almost unimaginable.
    Congress was to blame in June 1968 when they removed the gold reserve from Federal Reserve Notes thus allowing the big banks to inflate the money
    supply with loans that could never be paid back and would eventually lead to bankruptcy and defaltion for
    the USA and any foreigners who bought these fraudulant debt instruments. The Ponzi scheme collapsed when gullible foreigners wised up and stopped buying into the debt pyramid. Thank God we have a strong military to protect us from angry Arabs and Chinamen demanding their money back!

  27. WOW just when I thought it couldn’t get more exciting!!! Stay tuned next week when the soap opera continues….

  28. This is good news, and instead of making mortgage payments I am making lawyer payments. I am glad now and confidently look at the future again. I [my lawyer] filed suit in U.S.D.C. in Atlanta and waiting for the next move [60 day period], I think early Nov. is when we present case and to the court [we as the plaintiff]] praying for Declaratory Judgement and Quite title to begin with. I am helping my lawyer with the information from this site not as a rule but just for what is coming out, that the banksters have it coming! I cant wait for this to be over. Thank you

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