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“The number of underwater mortgages is vastly understated by this revelation. Practically every residential real estate transaction in the last 10+ years had a supposedly securitized debt instrument somewhere in the factual chain — which misdirected the funds to satisfy the mortgage and misdirected the parties entitled to execute a satisfaction or reconveyance. In a nutshell, that means most houses have multiple encumbrances in their chain of title that would put them underwater several times over, even if they paid cash.” — Neil F Garfield 6-17-11

“The bottom line is that even if you are adamantly opposed to challenging the banks on the securitization mess, you are nonetheless in the fight if you own property that was ever touched by a supposedly securitized mortgage. If you still own that house, or think you do, you probably have one or more unsatisfied mortgages that you didn’t know about. The title companies have already decided as a matter of policy they are going to deny these claims, claim fraud, and force claimants to sue them. Small wonder, the liability could be in excess of $20 trillion dollars depending upon how the damages are calculated. The insurance companies are only worth pennies on that dollar.” — Neil Garfield 6-17-11


“satisfied” Loans still exist on record and may be enforceable

The worried callers who contact me now include a number of homeowners and lawyers who wanted nothing to do with the foreclosure battle. They are dealing with homes that were paid for in cash or which the homeowner is current on payments. Looking at the title chain they see numerous breaks caused by satisfactions or re-conveyances executed by names that are out of the chain of title. Talking to title companies, they are getting anything from vague answers to a direct “no.”

More than 80 million transactions occurred in the last 10+ years in which a loan was the subject of a securitization claim and in which some member of the securitization team received the money to satisfy the mortgage, and executed a satisfaction of mortgage or reconveyance. The more they drill down, seeking answers that would lead to corrective instruments which ordinarily would correct clouds or defects on title, the more worried they get: they don’t know who to ask for the corrective instrument and even if they do know or think they know, they are not getting any cooperation.

We are seeing a huge number of cases in which the recipient of the pay-off is not to be found in the title chain, a third party executed a satisfaction of mortgage, but no assignments, or no valid assignments can be found on record or off record. Since we know that no transfer documents were prepared or executed unless a matter went into litigation and the Judge demanded compliance with the requirements of evidence and law, these “satisfactions” and “reconveyances” have no probative weight and must be considered the same as wild deeds.

That means when people refinanced their homes, bought a new home, sold their home, exchanged homes or whatever — their assumption that the old mortgage was extinguished on record is very much mistaken. Buyer and seller alike, homeowner and refi “lender” alike are in serious trouble here. The Correction is usually to get the signature of the real lender of record. Bu many of these lenders cannot be found and in court, there are no facts to plead that would have the court change anything — the money for the satisfaction or reconveyance went to a party other than the lender of record.

So the circle of fabricated and forged documents is about to get exponentially larger. The worst case scenario is where the lender can be found but refuses to execute a corrective instrument because they didn’t get paid. The mere revelation of that fact will cast a well-deserved shadow over the entire banking industry that carries “mortgages” as assets on their balance sheets.

The bottom line is that even if you are adamantly opposed to challenging the banks on the securitization mess, you are nonetheless in the fight if you own property that was ever touched by a supposedly securitized mortgage. If you still own that house, or think you do, you probably have one or more unsatisfied mortgages that you didn’t know about. The title companies have already decided as a matter of policy they are going to deny these claims, claim fraud, and force claimants to sue them. Small wonder, the liability could be in excess of $20 trillion dollars depending upon how the damages are calculated. The title insurance companies are only worth pennies on that dollar.

The number of underwater mortgages is vastly understated by this revelation. Practically every residential real estate transaction in the last 10+ years had a supposedly securitized debt instrument somewhere in the factual chain — which misdirected the funds to satisfy the mortgage and misdirected the parties entitled to execute a satisfaction or reconveyance. In a nutshell, that means most houses have multiple encumbrances in their chain of title that would put them underwater several times over, even if they paid cash.

74 Responses

  1. @ David CB

    I left off my last sentence, The proceedure the title attorneys followed was
    “payoff the Judge”

  2. David C B

    The reason I know about Jurisdiction, forged deeds etc is I have spendt years reading and studing that particular issue, since that was what had happpened to me, and when I found the US Supreme Court case of Elliot v Piersol , my issue was cut and dry and a Judge does not have discreation to rule in opposisition,

    If I were you I would start searching US Supreme Court cases, to see if and in what case they might have dealt with such an issue ; Nothing trumps a US Supreme courtcase; So into Google Scholar and start a search there under many terms that relate to your issue.

    I know my issue so well that I will not stop fighting for my two properties.

    My feeling is, the reason many of have such a hard time, is because of the Judge you get Those that get a Judge like Arthur Schack don’t have to act like Clarence Darrow cause the Judge knows and follows the law,

  3. @marilyn lane

    I assume that they asserted equitable estoppel? Iv faced that as a defense to actions taken in defiance of statute of frauds ——im really interested in the procedure they followed———I would really like more details because Im going to test the theory. Seizure for the purpose of destroying property for insurance recovery is as aggregious as it gets. And if they cant prove the note the property title should escheat———plug the financing holes –let the state/local govt sieze ownership and work out a modification–close those transactions and trigger those gains to the vulture investors. There must be a remedy to prevent seizures for the purpose of destroying tax base. if you would care to discuss the procedure im curios dcbreidenbach@aol.com

  4. David C B

    I think whether it’s A Quiet Title Action,a removing Squatters action, An ejectment action or whatever. if you have a corrupt judge you are not going to get an honest decision. (meanwhile a key on my new Dell laptop just fell off,)

  5. David C B
    You are right about the law again BUT if you find yourself in front of a Judge that won’t follow the law, A US Supreme Court case law no less, and makes up her own story why crooks are allowed to keep possession of your property – there is a problem.

    Astoria Federal S & L’s new attorneys looking at the fraud of auctioning off my two properties without owning them in fact told Judge Schlesinger It’s Indemnify – we are stepping aside and the title companies are stepping in.

    Fidelity National Title and Coronet Title,step in and don’t want to indemnify their clients but want to be intervenors instead and be heard and what the corrupt title attorneys tell the court is- time makes forgeries good, and they have “equity”

    . Forged deeds carry no equity. Forged deeds convey no title.
    The only equity the title attorneys were talking of was money under the table for
    Judge Schlesinger and she took it and ruled against the US Supreme Court Elliot v. Piersol. and said he wouldn’t be fair to Oust the crooks.(or the squatters)

    Her decision and the appellate decision look just like LPS DOCX
    documents. Judge Schlesinger lies about the facts.

    Five appellate Judges think their loyalty is to Judge Schlesinger
    and the heck with the Constitution. So to cover up for Judge Schlesinger
    the Appellate Division lie about the facts and also lie about the dates.

    This happened in 2008 and foreclosure fraud was still hidden in the courts and I suppose they thought it would just be swept this under the carpet.

    Lots of intermingling fraud and cover-up, between the network of Judges, Title companies and Attorneys has now come out of the can .I have not stopped fighting for my two condos. I don’t think they are into Murder though, I sure hope not.

  6. @marilyn lane

    Good idea but innocence blinds me? well each jurisdiction has its own politics and termperance———-but lets put the issue in a little different light more clearly favorable to our perspective for arguments’ sake. And this is important I think–this is the result of fake documents and vois or voidable judgments;

    Lets say you own a nice little cabin in the woods on a lake in Minnesota worth $250K and you spend winters in TXS to avoid income tax on your IRA distributions. Your grandad built the house and placed a restriction in the deed that you could never put a mortgage on it and it is to pass only to your sons etc

    Now this winter you went to TXS and got appendicitus–then pneumonia and spent 60 days in bed instead of driving all the way back with the geese.

    But this time when you get back you find your unmortgaged cabin has been mortgaged and foreclosed and sold to a not so friendly squatter moved in on your porch ——and has removed and sold most of the furniture and fixtures and basically just uses it to have drunken parties.

    What are you going to do? Whine about the title companies and judges etc–no go “sue the bastards” –eviction, set aside etc –who got what money–anybody? or just have drugpushers move in cause they got pals at the preservation company that figured out you were out of topwn 6 months a year —

  7. @David CB

    You idea is really good BUT what you not accounting for is if any of these fraudsters obtained title insurance the title attorneys (Fidelity National Title and Coronet Title in partiiciular) are good at paying off the Judges.to get a ruling that they want, no matter at what point the case is it.

  8. @ re notice to public by the dispossessed homeowner that a squatter is in possession. Seems like one thing might be quiet title action combined with relief requested to set aside the judgment/prior action because of interference with the officer of the court the notary paid to move fast and ask no questions

    or the plaintiff attorney passing off likely known toilet paper as real court documents—thats interference with another officer of the court—misdescribing facts to the Judge –strike 3

    You would add the squatter and mortgagee as co-defendants———squatter children ala the attack on Lynn Syzmoniak———-use it—–ex wife/husband—-grandma if she lives there ——-any owner of auto in driveway

    realtor that sold the house
    loan broker that facilitated the purported sale of stolen property—this is where it goes—–or just file an eviction action and plead all this as reasoning

    just some ideas as to where this ends—why it was not only illegal but dumb–

    plead in the alternative even if a settlement made———that even if they gave you a purported original note, its got an unknown owner and the proceeds of sale and title to house belongs to state under escheat——that is what is supposed to happen–must have reasonable basis –not simply harrassment—–did the buyer know the players or is he/she truly innocent-why cut them any benefit of doubt-they shop these homes aggressively as distressed realty——-bottom feeders

  9. @ saveamericaone
    Correct me if I’m wrong but from the looks of this , it seems as though there is a monopoly forming within this industry, One subsidiary, connected to the next , until they are all one large oligarch.




  11. Just a quick message to say Hello —-

    Been saying this for quite some time — and the problem going even deeper — keep digging Neil!!!

  12. Can someone p[lease tell me if a “private Lender” is held accountable under RESPA just as the Banks are, for the purpose of a QWR and response times to that. Thank you , as it turns out “private lender ” doesn’t keep you safe from the same harms the banks are causing ,.

  13. Sorry last sentence should read …this would be a major hurdle for the fraudsters trying to sell OUR stolen properties!!!!

  14. What can dispossessed homeowners do to put the public on notice that there are breaks in the title? Can notice be filed in the public registry? Many pretenders cannot and have not filed cancellations/reconveyances after foreclosure. I’m not sure if they’re required to be filed after foreclosure in all states, but I know they’re required after foreclosure in mine. If we’re able to put the public on notice, this would be a major hurdle for the fraudsters trying to sell out stolen properties!!!!

  15. M Lane

    I think you are entirely correct. The judiciary has done its utmost to suppress our right to redress: early on we were deadbeats; further, they are either ignorant or corrupt and unfit to wear their robes; then perhaps there are some who fear the size of the fraud will overwhelm the system. Hence the fla rocket docket designed to throw citizens to the wolves

  16. In the next to last sentence in my last post some words got lost. It should read :
    The fraudsters are always into another scam. Put a few fraudsters away, whether Judges, Bankers, Title Executives or Attorneys and watch how fast everyone applys the law.

  17. @David C B and Mary and Marie

    If a Court does not have jurisdiction, the judgment is not voidable but simply VOID.
    ab initio. There is legal difference in a voidable judgment and a void judment ab initio.

    The United States case I cited Elliot v Piersol is the case that states the law of the Land on how the judiciary must have jurisdiction of the case when the judgment is rendered or their judgment is void ab initio even prior to reversal in opposition to them.

    That is why when Judge Schlesinger wanted to throw the case to the title companies she eliminated Elliot v Piersol from her five page hokus pokus Decision. That is why the five appellate judges Saxe. Friedman Moskowitz, Freedman and Richter eliminated Ellliot v. Piersol from their decision in covering up for Judge Schlesinger.

    Both opinions from the trial court and the Appellate Court read like LPS DOCX documents, changing the facts and the Appellate Dept to support their position even more changed the date of the void judgment ab initio.

    LPS DOCX fraud had not yet surfaced to the people and I suppose the Judges thought I a Pro Se litigent would never challenge their decision in not following the Law of the Land nor would so many people start fighting back against the Judiciary.
    This has never happened in our country before.

    For years I was talking to myself. We didn’t have the internet and access to the Neils, the Michaels, the Lisas ,, the Dinsfla, the Naked Capitalisms, the Tim Bryants. the Marys etc etc and access to each other.

    Once the worms came out of the can you can’t get them back in.

    Jurisdiction of the Court is only one of the reason judgments are void ab initio
    Other issues like standing come into play which Neil is an expert in .

    I like David’s idea of everyone working on evicting the people holding bad titles from your property. That is how the straw buyers ousted me from my properties. But I remember telling the Housing Court Judge that this is a scam and his reply was
    ” what do you want from me? I am low man on the Totem Pole.”

    I look at my case and I think the Judges have a network agreement just as LPS Docx did .Some judges have trashed our property rights given us by the 5th and 14th amendments.

    It is unfair to make us all do it, and I rather the AG’s let these Judges and Banks know which end is up, and restore the true owners to their properties that have already been illegally dispossed of their properties and those true owners still in possession be protected from the fraudulent foreclosures and bring credibility back to the Judiciary.

    I think if the AG put the heat on the Chief Judges of each State to undo the damage of the lower courts it can be done with justice and efficiency. But if the
    AG’s wont do this, we have to continue on with a plan B.

    fraudster are into another scam.

    Squeaky wheels get the oil.

  18. Useskarguy

    Actually the judges seem to attach almost religious reverence to these fraudulent assignments. Only a few judges are skeptical enough to call out the fraudsters sua sponte

  19. marie, don’t know until we get to a hearing or an answer from defendants. The rhetorical question is one that goes unanswered (so far) in this state. Judges are not putting any importance on the assignment or the dates thereof.

  20. I have wondered why enterprising types don’t take assignments of homeowners rights and pursue the pursuers. Most dispossessed homeowners don’t have the resources or the emotional energy to try to get their homes back. But if assignments are flying around,why not buy the rights to pursue retrieving the properties from your “squatters.”

  21. So basically it is in the public good to identify homes that were siezed using say a well-known document creator’s services, identifying the damaged evicted party and siung the present occupant for eviction and set aside of the deed that was obtained as a result of a series of falsehoods?

    If the court never had jurisdiction in the 1st place in a judicial state–is not the deed in effect voidable——and the occupant is basically a sort of carpetbagger–squatter –could such a person credibly assert he/she is a good faith bona fide purchaser if the sale price was too good to be true, a deep discount? question of fact here?

    if i understand how it is supposed to work, the true dispossessed owner sues the squatterand the squatters bank to set aside all the questionable title documents and the title company must pay for the squatter’s legal fees.

    So really, a good litigator should be collecting up the dispossessed homeowners and doing group joint actions? –not class actions but common facts, common defendants etc?? any thoughts out there?

    presumably the title companies have reserved some put back rights against the servicers involved————in case the squatter up and runs –eg fails to file an answer??? could be really interesting—but this seems like the logical result???

  22. M Lane

    It’s not right, but the crimes are of such enormity and are so pervasive that they have stunned and immobilized our population and have made a mockery of our legal system It’s almost impossible to comprehend the boldness with which millions have been dispossessed and financially devastated. Were like a bunch of zombies.

    On the other hand, if every victim filed suit can you imagine the chaos?

  23. M Lane

    It’s not right, but the crimes are of such enormity and are so pervasive that they have stunned and immobilized our population and have made a mockery of our legal system It’s almost impossible to comprehend the boldness with which millions have been dispossessed and financially devastated. Were like a bunch of zombies.

    On the other hand, if every victim filed suit can you imagine the chaos?

  24. I have all the mortgage payment up to date without any late payments…
    I have requested BAC to send me the chains of title of my house since at the county clerk’s office only the original loan doc was filed in 2003. BAC sent only notes of the original mortgage broker…. No doc of the note to be transferred to countrywide…. And I have read this article from Naked Capitalism article…


    I definitely think that my chain of the title is broken.

  25. mary cochrane… LandAmerica , was the escrow company , AND the servicer I contracted with, back in 2003, and it ends up that my promissory note was taken and a copy put in a substitute, as servicer they were only to be document custodian, and payments accounting, for which I and the other private party paid a fee each month. Ultimately they turned it all over to Noteworld servicing center , who at that time advertised as a NOTE BROKERAGE , and contract servicer, then when Landamerica went Bankrupt, and FNF took em over, they turned all of it over to Loancare account servicing…these are all the “defendants” to be named in my suit . landamerica is no longer , but the ESCROW agent on my deal still is, and she happens to also be the notary, and there are some discrepancys on that too. I was gonna do this pro se, but many are suggesting is too big of a case , and I need to find the best mortgage lawyer in my neck of the woods, Kingman, Arizona , any way thanks for finding and posting that info on LandAmerica, and FNF , I’ve seen my docs file, and the Original Note is not there, only a photocopy image of a note…so even in private seller/ buyer deals , they couldnt keep their grubs off the notes…too tempting I guess , probably thought that a dummy little private seller financed deal, for small change , we wouldn’t know the difference , and it would not even be discovered until way many years , as long as payments were being made, and they almost got away with it , I wasn’t dealing with a bank, so I felt secure, but not so, I got a gut feeling one day, and checked it out, big as day, no original note.

  26. @ Marie

    The law has always been that defects in title such as forgeries, deeds with false acknowledgements by notaries, selling property saying your single when in fact they might have been married etc etc are things that title companies are to search for before they tell someone to buy. It is discover and divulge.

    Many people pass red lights, I haven’t heard anything about changing that law.

    Just because a lot of crooks stole possession of a lot of properties, doesn’t make it right.

  27. @ Marie
    My computer lost its Internet connection saying my Wireless Router was turned off

    Yes you are right..
    Void Judgments have no latches. Several different issues make a Judgment void.
    I think that many people who don’t know they can go back can go back.

  28. E Tolle

    Very droll. I must watch myself….

  29. Unfortunately some judges don’t follow the law.

    Judge Schlesinger claims it would not be right to oust the corrupt attorney David K Fiveson”s client this innocent woman Frances Turner, This woman WAS my friend for thirty years.

    This is the woman I practiced one of my appellate appeals on, this is the woman who saw how artistically? I decorated my apartment for the straw buyer with Tar on the Ceiling, My Constitutions Rights Written on the Walls, No Trespassing signs painted all over etc etc. This is the woman that Judge Schlesinger said knew nothing of the fraud and was a bonafide buyer I even painted pictures of little dogs lifting their legs around the base of the walls one with the inscription.
    Nikki pea here. (Nikki was Turner’s dog)

    For the right price I bet she would even think Stern and Baum were victims.

  30. Marie, you wrote:

    “Just trying to give the devil his due. ”

    Your mistake. Jamie Dimon hangs out at the ABA Forum.

  31. Meanwhile look what just showed up in my6 e mail –
    1 new result for LPS DOCX

    LPS, DocX, FNF, CT Corp. served with criminal subpoenas in …
    Criminal investigation into four mortgage servicers Michigan Attorney General Bill Schuette announced today that an Ingham County judge has approved his…

  32. M Lane

    Sort of echos my point don’t you agree?

  33. @ Marie
    I am still on timeliness and latches issue_
    pertaining to timeliness , – I found this; no passage of time can transmute a nullity into a binding judgment, and hence there is no time limit for such a motion. It is true that the text of the rule dictates that the motion will be made “within a reasonable time” See Fed R. Civ. P 60 (B) however overwhelming authority exists for the proposition that there is no time limits with regards to a challenge to a void judgment because of its status as a nullity: thus laches is no bar to recourse to Rule 60 (B)(then it lists several cases )

    Then goes on to say The reasonable time criterion of Rule 60 (b)as it relates to void judgments, means no time limit because a void judgment is no judgment at all.

    We agree that no passage of time can render a void judgment valid and a court may always take cognizance of a judgment’s void status whenever a rule 60 (B) motion is brought. (I did not bring a rule (60 B) motion. I brought a motion to mark vacated a void judgment ab initio for lack of state court jurisdiction pursuant to US case Elliot v Piersol.

    Judge Schlesinger and the five appellate Judges I had are running their own private court.. They talk in circles in their LPS DOCX style opinions and won’t acknowledge that the United States case of Elliot v. Piersol is the Law of the Land on Court Authority.

  34. E Tolle

    So what’s wrong w/a white beard? Just kidding

    Anyway I think my point is evolving– and I feel a little uncertain here– but I think I have to respond that whatever the delay regarding a controversy affecting interests in land, the courts should bs unwilling to oust a valid interest based on delay I always thought our legal system revered interests in land. Perhaps I’m wrong there as well. Just trying to give the devil his due.

    To repeat our lands records system is supposed to uncover these claims and of course we know how much in jeopardy that system is now. So I expect these unknown claimants will be barred by quiet title or the AGs or other legislation extinguishing these contoversies. There must be an end or our real property system is done.

    Equitable doctrines such as laches won’t settle this mess. For example, If you say, oh your late presented claim really damages me, I’ll say, unless it’s adverse possession, etc, open, hostile for a prescribed period, and so on, my claim must be entertained.

    Just my guess

  35. You were right and that cowardly judge had no right to strike your answer

    you are right as well about the state of justice in this country Who you know will trump the merits every time. Especially if who you know has pots of lucre

  36. LAWYERS TITLE CORPORATION (IRS 54-158961) – Registrant
    ‘S3’ and ‘S3/A’ Forms:

    Lawyers Title Corporation, 6630 West Broad Street,
    Richmond, Virginia 23230
    TAKINGS OF Cash & Deposits & Securities & Stocks (Acquistions/Mergers0
    Upon the consummation of such Acquisition, the Company will become the largest title insurer in the United States based on pro forma 1996 title operating revenues (premiums and title search, escrow and other fees) of over $1.3 billion.

    S3 & S3A: 1/8/98, 2/3/98, 2/12/98, 2/24/98, 2/27/98, 2/27/98, 9/20/02, 2/23/04, 5/20/04, 5/26/04, 5/28/04, 8/6/04, 11/3/04, 4/6/05

    ‘CREDIT FACILITY’ 5-YEAR SENIOR UNSECURED REVOLING CREDIT FACILITY WHICH WILL TERMINATE WITH ALL OUTSTANDING AMOUNTS BEING DUE AND PAYABLE 11/7/2002, UNLESS EXTENDED, THE ‘CREDIT FACILITY’ WILL BE EXTENDED …The aggregate Credit Facility commitment shall be reduced by 100% of the net cash proceeds from the issuance of debt or 75% of the net cash proceeds from the issuance of any equity (excluding any equity issuances related to the Acquisition(http://www.secinfo.com/drV5e.759.htm

    1998 (UNDERWRITERS) of ‘S3’ ‘S3/A’ http://www.secinfo.com/drV5e.75f.d.htm#1stPage
    #1 of 4 Underwriters
    As Itself, and as representatives of the several Underwriters named in Schedule I c/o Donaldson, Lufkin & Jenrette Securities Corp, 277 Park Ave, New York NY 10172. (DLJ Capital Corp does business ABS with SASCO, CMMC, Prudential Securities (see Wheat First Butcher SInger… 2003)

    #2 Furman Selz (joining ING nascent investment business) (ING Furman Selz Asset Management ramping up alternatives business targeting institutional investors 2002); 2011 Furman Selz Capital Management LLC …

    #3 Wheat First Butcher SInger (In August 1997, the privately held Wheat First Butcher Singer agreed to be acquired by Charlotte, North Carolina-based First Union bank; brokerage firm changed name to Wheat First Union. 4/99 First Union acquired Chicago-based investment bank and brokerage Everen Capital Corp. Prior History Wachovia Securities predecessor companies 1934
    investment firm of J.C. Wheat & Co. Wheat fostered growth through mergers, including the 1971 merger with First Securities that created Wheat First Securities, Inc. and the 1988 merger with Butcher & Singer, a successful Philadelphia-based securities firm established in 1910; the firm then became known as Wheat First Butcher Singer.

    #4 Ferris, Baker Watts Incorporated.

    The net proceeds of this offering (the “Offering”) to the Company will
    be used to fund part of the cash portion of the consideration for the pending
    acquisition (the “Acquisition”) by the Company of Commonwealth Land Title Insurance Company and Transnation Title Insurance Company (collectively referred to as “Commonwealth/Transnation”) from Reliance Insurance Company (“RIC”), a subsidiary of Reliance Group Holdings, Inc. Consummation of the Acquisition is a condition to the consummation of the Offering. See “The Acquisition” and “Use of Proceeds.”

    Principal operating subsidiary, Lawyers Title, is one of the largest companies in the United States issuing title insurance policies and performing other real estate-related services for both residential and commercial real estate transactions, based on premium and fee revenues. In addition to title coverage, Lawyers Title provides search, examination, escrow and closing services to a broad-based customer group that includes lenders, developers, real estate brokers, attorneys and home buyers. The Company has a strong presence in the residential real estate market and is a premier provider of title insurance for commercial transactio

    January 7, 1998, the locations of the direct operations and national sales offices of both Lawyers Title and Commonwealth/Transnation, excluding offices of independnet agents and approved attorneys this map assumes consummation of the ‘Acquistion.’

    Upon consummation of the Acquisition, Lawyers Title Corporation, the Company will own, directly or indirectly, all of the shares of capital stock of certain title insurancecompanies domiciled or deemed commercially domiciled in the states of Alabama, Arizona, California, Florida, Maryland, New Jersey, New York, Ohio, Oregon, Pennsylvania, Tennessee, Texas and Virginia. The insurance laws of such states require prior approval by their respective state insurance regulatory officials of any acquisition of control of a domestic (or commercially domiciled) insurance company or any company which controls a domestic (or commercially domiciled) insurance company. “Control” is generally presumed to exist through the ownership, direct or indirect, or the holding of proxies with respect to 10% (5% in Alabama and Florida) or more of the voting securities of an insurance company or of any company which controls an insurance company.


    (Free account on http://www.secinfo.com)
    Create Account
    paste URL above


    Lawyers Title Insurance Corporation
    American Title Group, Inc.
    Title Insurance Company of America
    Oregon Title Insurance Company
    Land Title Insurance Company
    The Title Guarantee & Trust Company
    Charter Title Company
    Lawyers Title Company (f/n/a Continental Lawyers Title Co.)


    Commonwealth Land Title Company
    District-Realty Title Insurance Corporation
    Industrial Valley Title Insurance Company
    Commonwealth Land Title Insurance Company of New Jersey
    Transnation Title Insurance Company of New York

    Subsidiaries of Landamerica Financial Group Inc. 1997 link

    Wender Herbert – Signatory:
    Landamerica Finanical Group INc. formerly Lawyers TItle Corp
    Radian Group Capital Trust I
    Radian Group Capital Trust II
    Radian Group Inc (formerly Cmac Investment Corp)

  37. Marie,

    I understand that harm or prejudice would need to be shown for laches to be considered a reasonable foreclosure defense. And I also understand that in normal times this would probably be considered a legal stretch.

    Having said that, wouldn’t you consider the fact that one could rightfully claim that allowing 4 or 5 years to go by without any action on the part of the bank, all the while the property has lost 50% of its value in that time, sufficient to show harm?

    And mulitply this by hundreds of thousands of cases, and I have a feeling that judges are going to start thinking along the lines of, “Counselor, I don’t care whether or not your client-bank is operating 24/7/365, this case should have been addressed within the same decade!”

    As to your previous post, I’m not a lawyer. However, I would know better than to ever enter into any 30 year contract with a white bearded Mr. Winkle. 🙂

  38. Lawyers Title Corp
    Landamerica Financial Group Inc.

    10K405 documents in 1997 reveal since 1934 how attorneys, local agents, brokers, dealers, affiliates of Title Corporations’ title plants became embroiled in harm to economy 1997-2007.

    Fact of the matter remains that only through massive collusion and collaboration could the TITLE PLANTS who purchase public ‘accurate’ information embed title defects and ‘insure’ defects remain hidden for more than a decade.

    2007 10K reveals Plan of Merger by and among LandAmerica Financial Group, Inc. and CTG Acquisition Corp. and Capital Title Group, Inc. dated March 28, 2007

    8K Item 1.01 ‘Entry into a Material Definitive Agreement’ 12/21/2008
    Item 1.01 Entry into a Material Definitive Agreement.; Exhibit 2.1 ‘Purchase Agreement” source: http://www.secinfo.com/dUyJm.tDs.d.htm

    ‘Stock Purchase Agreement
    Fidelity National Title Insurance
    Chicago Title Insurance
    LandAmerica Financial Group
    “Confidentiality Agreement” means that certain letter agreement dated October 27, 2008, between Seller and FNF.

    Source of paragraphs below: http://www.secinfo.com/dUyJm.tDs.htm
    On December 21, 2008, LandAmerica Financial Group, Inc. (“LandAmerica”), Fidelity National Title Insurance Company, (“FNTIC”), and Chicago Title Insurance Company (“Chicago”) further amended and restated that certain Stock Purchase Agreement, dated as of November 25, 2008 and initially amended and restated on December 12, 2008, among LandAmerica, Fidelity and Chicago (as further amended and restated, the “Purchase Agreement”). Under the revised terms, FNTIC and Fidelity National Financial, Inc. (“FNF”) agreed to acquire the capital stock of Lawyers Title Insurance Company (“LTIC”) from LandAmerica and Chicago agreed to acquire the capital stock of Commonwealth Land Title Insurance Company (“CLTIC”) from LandAmerica, for an aggregate purchase price equal to the sum of (A) $134,762,521, (B) a number of shares of FNF common stock equal to $50,000,000 divided by the greater of $14 and the closing price of FNF common stock on the New York Stock Exchange for the trading day prior to the closing date, and (C) a subordinated promissory note issued by Fidelity in an initial principal amount equal to $50,000,000 (the “FNF Note”) (the “CLTIC and LTIC Sale”). In addition, FNTIC agreed to acquire the capital stock of United Capital Title Insurance Company (“United”) from an indirect subsidiary of LandAmerica for a purchase price equal to a statutory measure of the net worth of United as of the closing (the “United Sale” and together with the CLTIC and LTIC Sale, the “Sale”).

    Among other things, and in addition to the revised purchase consideration terms described above, the further amendments to the Purchase Agreement provide for the following changes: (A) at or after the Closing, FNTIC, Chicago and FNF will capitalize CLTIC, LTIC and United with at least $204 million in the aggregate of new consideration and to the extent CLTIC and LTIC are capitalized with less than $204 million, FNTIC, Chicago and FNF will pay LandAmerica the shortfall amount; (B) the Purchase Agreement no longer provides for indemnification except for tax matters or for the survival of pre-closing covenants or representations and warranties other than tax representations; and (C) the closing conditions, and related termination provisions, under the Purchase Agreement were revised, among other things, to eliminate matters relating to the accuracy of the representations and warranties or the covenants and agreements of LandAmerica.

    …In particular, the assertions embodied in the representations, warranties and covenants contained in the Purchase Agreement are qualified by information in confidential disclosure schedules provided by LandAmerica, on the one hand, and FNTIC and Chicago, on the other hand, to each other in connection with the signing of the Purchase Agreement. These disclosure schedules contain information that modified, qualified and creates exceptions to the representations, warranties and covenants set forth in the Purchase Agreement. Moreover, certain representations, warranties and covenants in the Purchase Agreement were used for the purpose of allocating risk between LandAmerica, on the one hand, and FNTIC and Chicago, on the other hand, rather than establishing matters as facts. Accordingly, you should not rely on the representations, warranties and covenants in the Purchase Agreement as characterizations of the actual state of facts about LandAmerica, FNTIC and Chicago or their respective businesses or operations. In addition, a copy of the FNF Note executed and delivered by FNF upon the consummation of the Sale on December 22, 2008, as described in Item 2.01, is attached as Exhibit 10.1 hereto and is incorporated herein by reference.

    Subsidiaries Laywer TItle Corp & LandAmerica Financial and Captial

  39. @ Marie

    I certainly didn’t take your opinion the wrong way. I read everything everyone writes cause sometimes a few words gives you good direction. That I am so adament about jurisdiction is that when a Court doesn’t have Jurisdiction any bubbamisers
    (I made up that spelling) they write in their opinions mean nothing.

    I have come to the conclusion that so many cases are won or lost not by the law but by how well the attorney knows the judge or how much someone paid the judge.
    What a sad state of affairs to this wonderful country.

    Years back at the beginning of my case when the bank hid my checks in my innonence I told Judge Carol Arbor ” a Bank can’t hide your checks and then say you defaulted, they did that in Nazi Germany, they don’t do that here in the United States.” And Judge Arbors reply was “strike her answer.”

  40. […] Neil F. Garfield, Esq. just posted the following article: TITLE CRISIS: EVEN IF YOU PAID CASH FOR YOUR HOME, TITLE STILL IN DOUBT — and you could be “und… […]

  41. M Lane

    Nothing in my posting was meant to imply anything on the merits of anyones situation. I’m in complete sympathy with you. I’ve had my own problems to bear with the fraudsters

    I was merely giving my two cents regarding this particular equitable defense. We all can benefit from various arguments by well intentioned participants on this site. It sharpens our critical thinking. The joy and pain of the law is that it is rarely black and white. It is fact driven and numerous theoies may apply in any situation. I hope you will not take my comment amiss

  42. @ Marie
    I have never slept on my rights. The Courts refused to acknowledge my rights. From the time that the bank hid four of my checks in order to fake a default, I have filed so many motions thru so many courts that the First Dept of the Appellate Division NYS wrote in their LPS DOCX style opinion, “that I abused the court system”

    I had tried to appeal the Judgments that were signed in the State Court while my case was under Federal Jurisdiction. As the State Clerk said, those state court judgments are a void, a nullity and you cannot appeal a nullity.

    I was ousted. I went to Florida to put a roof over my head. I wrote a little book about how possession of my two condos were stolen with this scam . I sent it to the OCC, SEC , OTS, Federal Judges, Federal Senators, etc. since this was a Federal Bank.

    One Federal Judge told me go back and open up the case the judgments are void ab initio. In 2008 that is what I did, I sought two motions to mark vacated void judgments ab initio for lack of state court jurisdiction pursuant to the US Supreme Court case Elliot v. Piersol.

    Astoria Federal had gotten rid of their corrupt attorneys and their new attorney stated It’s indemnify, Indemnify Indemnify ( apparently looking at the conflicting dates of court jurisdiction ) they auctioned off my two properties without ever owning them. -we are stepping aside and the title attorneys are stepping in.

    Unfortunately I had a money hungry Judge, Judge Schlesinger . and when the Title attorneys told her “we have equity” her ears perked up and she ruled against the law on Court Juristiction in the United States Supreme court of Elliot v Piersol. in an LPS DOCX style opinion.

    Aside from all my other protections, jurisdiction in my case is cut and dry.
    Judge Schlesinger did not have descretion of ruling against the issue of court jurisdiction decided by the US Supreme Court

    . Anything issued without court authority is a forgery. Forgeries convey no title .
    The only reason they are in my two properties holding forged deeds is that they are a network of crooks and paid off the judge.

  43. And the result of your laches defense and the answer to your rhetorical question, usedcarguy, is…………..what?

  44. Happy Father’s Day everybody!

  45. I presented a “laches claim” for “lender” waiting so long to bring the action as to foreclosure that borrower was left “too far behind” to find any resolution. Also “laches” in the recording of the security interest in the name of the securitized trust (5 years). Now we know the registrant no longer exists. So they are assigning the mortgage to a dead registrant. A little wire fraud thrown in? “Your Honor, THESE guys are the LAWYERS! Shouldn’t they KNOW BETTER than to create a false “assignment of mortgage” 5 years after the fact to a dead registrant?”

  46. E Tolle. I appreciate your thoughts and i considered that

    BUT property is heavily controlled by statute and long periods of time often apply: eg adverse possession, 30 yr mortgages and the like.

    So, you sign a K under seal wiith rip van winkle and ten years later his assignee shows up to collect. Can you rely on equity and a relatively weak theory of laches? I wouldn’t bet the farm on such a defense unless an intervening theory with more teeth applied, such as bfp. But that’s why we have warranty deeds, title ins and so forth.

    Just my humble opinion

  47. Marie, I understand your points about laches and equitable theory and judges and such….however, there will more than likely come a time when laches will be a proper defense in foreclosure, IMO. When the pretend lender inexcusably delays in bringing actions, resulting in circumstances that make it inequitable to permit the plaintiff to enforce its claim against the defendant, all bets are off.

    Yesterday’s shock story in the NYT stating a 62 year backlog of foreclosure cases, while missing the backstory altogether, still alludes to a problem that is settling in all around us like a gentle snowfall that continues to pile up deeper and deeper. At what point does the inaction of the foreclosing entities cause the trail to go cold? Memories fade, document retrieval becomes more difficult, bank employees move on, notaries vanish, computers crash, it all adds up to a lessened ability on the part of the homeowner to adequately defend themselves.

    Just my thoughts….

  48. M Lane:

    Is it a matter of jurisdiction or “sleeping on your rights”?
    Not sure what circumstance Erickson was thinking laches would be used and by whom. Where controversy is ruled by statute such as property, laches wouldn’t be that helpful, IMO

    i don’t think jurisdiction is a correct analysis vis a vis applicability of laches for relief, although the fact that a transfer is void as you say is not necessarily subject to laches. Eg. How could a defrauder or forger assert laches. Not likely.

    How would the homeowner assert laches? Again, statutes would likely control.

    Finally, laches is an equitable theory. It’s hard enough to get judges to apply the law so how will you get a judge to enforce equity. Good luck

  49. In my particular lawsuit Astoria Federal S & L Successor in Interest To Fidelity NY FSB v. Marilyn Lane ,the bank stated it’s Indemnify, Indemnify Indemnify for auctioning off my two NYC Condos without ever owning them , we are stepping aside and the Title companies are stepping in.

    The Corrupt attorney Thomas P Malone of Fidelity National Title and the corrupt attorney David K Fiveson of Coronet Title did not want to indemnify their clients for their forged deeds and wanted to be intervenors instead and be heard . The Title attorneys claim Time makes forgeries good, beside they have “EQUITY” . The only “EQUITY” the title companies were talking of was money under the table for Judge Alice Schlesinger and she ruled against the law of the US Supreme Court case of Elliot v. Piersol and she took the payoff from the Title attorneys.

    Judge Alice Schlesinger is a judge who should be impeached but what happens in the court system is the appellate divison rallys round her to cover up for her and wrote a decision that looks like a LPS Docx document changing the facts and the dates. Even going to NY ‘s Chief Judge Johnathan Lippman whose decision stated, this is not a final determination within the meaning of the Constitution , he does nothing about ensuring that the lower courts follow the Laws of the Land.

    I wrote a simply letter to William P Foley CEO of Fidelity National Title, Former Chair of Lender Processing Service “What went wrong at Fidelity Title that your NY attorney Frank P Malone finds himself fighting for a Forged Deed?”
    And Fidelity’s answer to me was ” It is proper to fight”

    Foley thinks forgeries are as good as gold.

    In the US Supreme Court case of William v. Taylor (2000) the court held that a decision is “contrary to” clearly established Federal Law if the decision contridicts the governing laws set forth in the U.S. Supreme Court case”

    Rulings contrary to U.S. Supreme Court decisions are not legal. If Judges like Judge Schlesingerr are allowed to change the law on which constitiutional Rights depend is to render the Constitutional protections impotent. Due Process has been abandoned. Don’t be so fast to push this fraud under the carpet.

    What this country needs are more Judge Schacks that understand the Laws of this Land and every forged title insured by Fidelity National Title, Coronet Title etc nullified. As I said forgeries have no latches.

  50. @Shelley A Erickson

    Void Judgments ab initio have no latches. Void Judgments ab initiio are a Nullity.
    A Nullity has no Latches.
    If a Court did not have jurisdiction on the day they signed the foreclosure judgments
    there is no limit to fight back whether against a corrupt judge or a corrupt title company.

  51. I was looking at my papers and I see back in July 1997 the corrupt debt collector attorney Tomothy Rooney of MJRF filed a motion with the Federal District Court asking them to remand my Federal Question case “Can a Bank create money in direct prohibition to Art 1 Para 10 Cl 1 of the US Constitution?” (…no state shall coin money, nor emit bills of credit…)
    The corrupt attorney Timothy Rooney states that Marilyn Lane has a Montana Militia ideology, as she accuses state judges of being corrupt, lawyers of perjury, the Bank of Racketeering and creating bogus money to lend her.

    The Truth I spoke of in 1997 is coming out across our great nation.

    Registrar John O’Brien is America’s HERO , in defending our property rights. John O’Brien knows that land records have to accurately reflect the true owners or they are useless records.

    With Masdachusetts leading the way the citizens of every state must keep fighting for our property rightd under our Constitution.

    Claimants of title who supposedly have been barred by foreclosure or execution sale but who have not been barred because of lack of jurisdiction of the court who issued the void ab initio judgments are still the true owners of their properties.

    There is a famous US Supreme Court Case Elliot v. Piersol :
    Under Federal Law which is applicable to all States, the United States Supreme Court stated that if a Court is “without Authority, its judgments and orders are regarded as nullities. They are not voidable but simply void and form no bar to recovery sought, even prior to reversal in opposition to them….

    There was a time that the chances of unraveling the forgeries of LPS DOCX was a near impossibility. Goes to show everything is possible is you don’t stop fighting for the Truth.

  52. Dear Bob G. (without any other suggestions, you can find the IRS number inside the 10K Annual Reports)


    Chase Manhattan Mortgage Corporation
    GMAC Commercial Mortgage Corporation
    Opteum Financial Services, LLC
    Countrywide Home Loan Servicing, LP
    Union Planters Mortgage, Inc.
    Credit Suisse First Boston Securities Corp.
    Select Portfolio Servicing, Inc.
    Ocwen Federal Bank, FSB
    J.P. Morgan Acquisition Corp.
    Ocwen Loan Servicing, LLC
    Barclays Capital Real Estate, Inc.
    Homeq Servicing Corp.
    Midland Loan Services, Inc.
    Morgan Stanley Capital I Inc.
    Morgan Stanley Mortgage Capital, Inc.
    NCB, FSB
    Wilshire Credit Corporation
    Central Mortgage Co.
    Cendant Mortgage Corp

  54. […] TITLE CRISIS: EVEN IF YOU PAID CASH FOR YOUR HOME, TITLE STILL IN DOUBT — and you could be “unde… MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The number of underwater mortgages is vastly understated by this revelation. Practically every residential real estate transaction in the last 10+ years […] […]

  55. Banks have nothing to do with equitable claims. Why attack the Banks

  56. Banks have nothing to do with equitable claims. Why attack the Banks.

  57. You have a three year statute from the time you should have figured this out to go after the title company for fraud So watch your statutes of limitations. The law is to the letter for us. The banks are the only ones who get away with crime,. and fraud, and ponzi schemes, and controlled fraud, and economic terrorism, mortgage fraud, bank heist, bank robbery, home invasion, bribery, and HOUSE ROBBERY, TAX FRAUD, misappropriation of taxes, did I miss anything? OH YES! MURDER!

  58. I am really surprised that more people aren’t going after the title companies. The buyer pays for that policy and it is supposed to insure that he title is free and clear of encumbrances. They are supposed to clear title and it appears they are just going with the flow here, it is because they are hiring people that don’t know how to do their job. I know they were in on the whole…lets create MERS thing… and I quess they thought it was a free pass to continue to mess everything up. Everyone in the whole loan process seemed to be determined to steal our land.

  59. The old Brooklyn Bridge Scam. It is amazing how short the human memory is.

  60. It has been to long since we did this we need to do it again.

    Thursday, February 17, 2011
    National Call To Action: Homeowner’s Bottom Line – Deliver Signatures in Person to State AGO

    Call To Action
    A week from today, homeowners from Massachusetts to California will hold a national day of action to deliver the “Homeowners Bottom Line” in person to their state Attorney General.

    The “Homeowners Bottom Line” details how the Attorneys General can deliver justice to millions of homeowners and hold big bankers accountable for their criminal actions. Homeowners will also deliver thousands of supporting signatures that you helped gather calling for a strong settlement against the big banks. If you haven’t already signed the petition, there’s still time to act – sign the petition today >>

    The 50 state Attorneys General are currently investigating the big banks’ mortgage fraud activities that caused millions of us to lose our homes as well as the economic collapse of our communities and country. We know that the big bankers and their friends are currently lobbying the Attorneys General for a quick settlement that lets them off the hook for their crimes.

    We can’t let that happen. Any strong settlement must hold the big banks accountable, and include the “Homeowner’s Bottom Line.”

    Nothing less is acceptable.

    Check out the Homeowner’s Bottom Line on our supporting Crimeshouldntpay.com website, sign the petition and send it on!

    Thank you for your support,PICO National Network
    Alliance for a Just Society
    National People’s Action
    Alliance of Californians for Community Empowerment
    IAF Southeast
    Posted by Administrator at 4:38 PM
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    Mortgage Education
    Securtization 101
    Your Rights: from the Washington State Attorney General’s Page
    Your rights: Since July 26, 2009, Washington trustees have been required to identify the owner of the loan and the company that is acting as servicer. The notices must also include an address and phone number for the servicer. Our letter to trustees reminds them of this responsibility and should make it easier for consumers to contact their mortgage owners.

    Additionally, lenders are required to advise borrowers who obtained mortgages between 2003-2007 of their right to meet and confer and, if requested, the loan owner must schedule a meeting to occur within 14 days. This meeting is required by the Deed of Trust Act, RCW 61.24.

    Please see WA Legislation Tab above for bill summary

    How to find information about your mortgage
    Summary of Legislation to protect homeowners and borrowers
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    RCW 61.34.020 An Act of Equity Skimming
    RCW 61.34.060 Distressed Home Consultant
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    H.R. 430 this applies for all our bankster gangsters.

  61. CT Corporation whom claims to be the middle man for multiple serving of paperwork, and Fidelity National Insurance seem to be the names on many doc I have seen here by friends and family. Whom are involved in the foreclosure process. Are they apart of Fidelity Financial? Fidelity National Insurance has a bad name of corruption and penalties they had to pay in the past. Pay a few million in penalties no big deal to them, just to go steal billions and trillions in property, after a hand slap..

  62. opps! forgot the law:

    The Doctrine of Laches consists of the following elements:
    1. Unreasonable lapse of time.
    2. Neglect to assert a right or claim.
    3. To the detriment of another.
    If these three elements are met, then the Doctrine of Laches will act as a bar in court.

    If an adverse party unreasonably delays informing you of a right or claim and this results in permanent damage to your ability to defend your self then such a claim may be barred from court.
    Black’s Law Dictionary 6th Edition.

    Laches/laechaz/leychez/laeshez/. “Doctrine of laches” is based upon maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to adverse party, operates as bar in court of equity. Wooded Shores Property Owners Ass’n Inc. v. Mathews, 37 Ill. App.3d 334, 345 N.E.2d. 186, 189. The neglect for an unreasonable and unexpained length of time under circumstances permitting diligence, to do what in law, should have been done. Lake Development Enterprises, Inc. v. Kojetinsky, Mo.App. 410 S.W.2d 361, 367.

    Neglect or omission to assert right as, taken in conjunction with lapse of time and other circumstances, causes prejudice to adverse party, People ex rel. Mulvey v. City of Chicago, 292 Ill.App. 589, 12 N.E.2d 13, 16; neglect or omission to do what one should do as warrants presumption that one has abandoned right or claim, Eldridge v. Idaho State Penitentiary, 54 Idaho 213, 30 P.2d 781, 784; negligence by which another has been led into changing his condition with respect to property or right, Heyburn Bldg. Co. v. Highland Motor Transfer Co., 245 Ky. 514, 53 S.W.2d 944, 946; negligence or omission seasonably to assert a right, Davidson v. Grady, C.C.AFla., 105 F.2d 405, 408; omission of something which a party might do and might reasonably be expected to do towards vindication or enforcement of his rights, McCauley v. Northern Texas Traction Co. Tex.Civ.App., 21 S.W.2d 309, 313; omission to do what law requires to protect one’s rights under circumstances misleading or prejudicing adverse party; unconscionable, undue, unexcused, unexplained or unreasonable delay in assertion of right, Loveland Camp No. 83, W. O. W., v. Woodmen Bldg. & Benev. Ass’n, 108 Colo. 297, 116 P.2d 195, 199; unreasonable or unexplained delay in asserting right which works disadvantage to another, Kennedy v. Denny, 237 Ky. 649, 36 S.W.2d 41, 42.

    Conduct of party which has placed other party in a situation where his rights will be imperiled and his defenses embarassed is a basis of laches. State v. Abernathy, 159 Tenn. 175, 17 S.W.2d 17, 19. Knowledge, unreasonable delay, and change of position are essential elements. Shanik v. White Sewing Mach. Corporation, 25 Del.Ch. 371, 19 A.2d 831, 837. Laches requires an element of estoppel or neglect which has operated to prejudice of defendant. Scarbrough v. Pickens, 26 Tenn.App. 213, 170 S.W.2d 585, 588. See also Equitable estoppel.

  63. to saveamericaone , I think you meant FNF which is Fidelity National Finance, and if one looks at all their subsidiary companys, they are beginning to corner the entire industry of mortgage related products and services. I have a private seller financed deal, and by Loancares involvement as a hired servicer, contracted by both the seller, and myself, but still has proven detrimintal to ones life, as it seems they even help themselves to the “NOTES” in private files they are “storing” as a service to the parties in a private individual agreement. Now thats GREED , beyond ones imagination , and the reprecusions felt down the road, by innocent victims only adds more tangles to the web of deceit.

  64. Here is a law we need that a smart party told us to use, from the bloggs. An old law that not to many people know of. Most old laws are good laws. The state of Washington just announced changes in the UCC laws in WA. I have not taken time to read it yet. I sure hope it is for the better and not to our detriment. I have lost any hope of justice in this state and our politicians. We need a lot of protesting here. Not that I am not a fighter. I am! I am guilty of missing a big protest wiki leaks organized. I had a family emergency. I plan to be at many in the future.

  65. You help yourself when you help your brother, neighbor, townie.
    Get that t-shirt on that says- GOT MERS?
    and go to the auctions in your community. Let those homeowners know they have a chance. We will be strong in numbers! SHARE THE KNOWLEDGE!!

  66. is Jon Lindeman someone Neil Garfield knows? This person just sent an e-mail with a link to information on Niels siminar . I just had to have my computer cleaned up of some bad viruses. Afraid to open something that does not make since. It is not from Neil, or the luminaq,

  67. Cease & Desist of ‘OCC’ Bulletin just distributed (on mailing list).
    Interesting that LPS and DOXC subsidiary of First National Financial (hub) (who are the shareowners of LPS (Lenders Processing Services division).

    Bloodline (Title Resource Group TRG) Wells Fargo’s affiliate ”Title Corporations’ Agents, Brokers, Dealers, Distributors (Wholesale & Retail), include TRG morphed out of former Cendant Title & Settlement Services, formerlly known as PHH Title & Settlement Services.

    Title & Settlement Agents insured increase of individual assets and asset portfolios prior to consumer as individual and consumer as investor, signing any agreements, insured the ‘cash deposits’ for the 45 days perhaps? Time line when docuemnts to be returned to “PO BOX, City, State, Zip’ and did prior to consumer as individual and prior to consumer as investor issues settlements as cash deposits thru LPS MERS-related or NON-MERS related.

  68. What about all of the title issues that are real as a direct result of the title company issuing policy once a trustee’s deed was executed and filed of record. In otherwords, most of the title companies while processing the forelosed property for insurance had to go back to the servicer or the attorney to round up the missing assignments. Most were not recorded at the time of foreclosure and therefore, could not issue a policy until that was resolved.

    In otherwords, they did not prove ownership when the assignments were not recorded until after the sale.. Farmer v. Wells Fargo, right?

  69. the title issues are cause by MERS in 99% of these cases. we filed a claim with our title insurer because when we bought the property a discharge was issued, for the previous owners of the property, by MERS, in the name of a bank who hadnt held the mortgage or note in 4 years. interestingly, on the discharge paperwork the signing officers of MERS were all employees of US bank. US bank is no where in the chain of title so we inquired about this. supposedly the mortgage/note was assigned to them, but no one knows when, and they decided it was best to discharge the mortgage in another lenders name, with their employees acting as MERS signing officers. Fraud? you betcha. title issue? oh hell yes. the title insurers take? MERS did it so its ok. thats not what they said exactly, but essentially thats what they told us. what a god dam joke. surprisingly, no one is asking questions about the title insurers conflict of interest as a shareholder of mers and as the insurer of these titles. it appears to me these title insurers, especially ours, has a massive financial interest in denying mers has done wrong.

  70. Recently, I negotiated a “cram down” on a second mortgage from 84K to about 17k. It was an Indymac mortgage being serviced by Greentree. It was
    paid in full and the satisfaction just hit the Official Records. It was a MERS
    satisfaction prepared by NTC in Palm Harbor, Florida. Will there be title
    problems? What do you think? Will we need to do a Quiet Title?

  71. Time for a smart lawyer or two to start a class action suit againts, for starters, the jauguarnaut Wells Fargo. There speciality is losing Hamp paperwork. It has happened to 10’s of thousands of U.S. citizens. And it continues on. If an honest, fearless lawyer steps up I will be glad to participate in a CLASS ACTION suit against wells fargo.

  72. Office of Comptroller of Currency
    “Cease and Desist Orders”
    NR 2011-76
    June 17, 2011 For Information: (202) 874-5770OCC Enforcement Actions
    WASHINGTON —The Office of the Comptroller of the Currency (OCC) today released new enforcement actions taken against national banks and individuals currently and formerly affiliated with national banks.

    No. Name/Bank/City Date

    2011-079 Forrest City Bank, National Association, Forrest City 4/25/2011

    2011-053 Lender Processing Services, Inc., Jacksonville 4/13/2011
    2011-080 Peoples National Bank, Niceville 5/11/2011

    2011-053 DocX, LLC, Alpharetta 4/13/2011

    2011-081 Old Second National Bank, Aurora 5/16/2011

    2011-053 LPS Default Solutions, Inc., Mendota Heights 4/13/2011

    2011-044 MERSCORP, Inc., Reston 4/13/2011
    2011-044 Mortgage Electronic Registration Systems, Inc., Reston 4/13/2011

  73. Great Article Neil.

    and the economy is getting better?



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