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Whose Lien Is It Anyway? by Neil F Garfield, M.B.A., J.D.

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Read Exceprt of the Draft Introduction below:


Real Property, Mortgages and Foreclosures Post-Securitization A treatise, practice manual and forms for litigation of claims relating to claims relating to securitized loans

By Neil F Garfield, Esq. MBA, JD Author and Editor of Published by GTC|Honors


If you want to trace the genesis of the mortgage meltdown then I suggest that you purchase a copy of my original workbook that was published before the crash. It accurately predicted the crash, the reasons, and the strategies that were employed by the banks as well as predicting those strategies that would assist people who wanted to challenge what we eventually named the “pretender Lender.” This is the first revision of the Attorneys Workbook first published in 2008, when foreclosure, mortgage, priority, securitization claims were in their infancy. Since then, hundreds of decisions have been rendered, new statutes have been passed, and revelations (many accurately predicted by the 2008 workbook) have passed into mainstream media. A certain amount of knowledge as to the nature and definition of a deed, mortgage, note, negotiable instrument is assumed here, which also differentiates this book from the previous edition. Regulatory agencies have awakened to the problem only to fail the people by limpid enforcement and required restitution. The question must be asked, after reputable reports from San Francisco and several recording offices of several states that the foreclosures show evidence that the party who bid in the property was a complete stranger and that they had no right to submit a “credit bid” why are we even discussing the resolution to an obvious problem? In the bankruptcy courts, way are we finding it necessary to state the obvious: that the party who filed the Motion to Lift the Automatic Stay must be the party to actually foreclose? And why are credit bids being accepted from non-creditors? The answers unfortunately include political factors. We are at one of many crossroads our nation has endured wherein the question must be answered “Are we a Nation of Laws” or a nation of men where power gets increasingly limited to the biggest bully on the block. While it is true that Judges, some of whom were at one time openly hostile to borrowers’ defense, are now ruling in favor of the borrower on preliminary motions, it is nevertheless true that at the time of the writing of this book, more judges are continuing to rubber stamp foreclosures than those who insist on seeing documentation that can be admitted as evidence. Some of the bad results are, as pointed out later, the result of lawyers and pro se litigants who fail to grasp the nuances and exotic nature of the securitization claims and structure presented by Wall Street. Any judge who hears from one side concessions that amount to admissions of the basic facts and elements of a foreclosure is constrained to rule in favor of the party acting as lender even if the judge suspects that the would-be forecloser is a stranger to the transaction. The purpose of this book is to provide a treatise treatment and practice manual of the subject of residential and commercial mortgages in which there is the possibility of a securitization claim being asserted with respect to past, present or future transactions. The practice pointers include issues presented in judicial and non-judicial foreclosures, state court mortgage litigation, state court eviction, federal jurisdiction (removal and remand), bankruptcy, and specific analyses of milestone issues. There are many things we now know that we could only surmise at the time of the first workbook.

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