If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to provide any legal advice, but they can guide you toward some of our products and services.
The selection of an attorney is an important decision and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.
Editor’s Note: All across the country we are discovering that robo-signing and forgery of notarizations have enabled the pretender lenders to assure the court that they own the debt, note and mortgage or deed of trust. Complaints to the state agencies regulating notaries have resulted in a net loss to borrowers. In Arizona, several notaries were suspended or had their licenses revoked only to have them reinstated a short time later. Lending your notary stamp or stealing a notary stamp without the consent of the notary are both subject to administrative and criminal prosecution.
The reason why the notarizations are going nowhere is, I think, purely political. But there is a misconception about finding a fake notarization without finding that the signature that was notarized was also without authorization or was also forged.
The failure to get a proper notarization (like where the signatory signed in Florida and the notary was in Texas), does NOT invalidate the document itself. In most states where I have read the law it only effects the ability to record the document. So if you know about the document and it wasn’t properly notarized so it couldn’t be recorded, you can still be held to have notice of it and it may well be binding on your client even if it was forged. without more, the attack on the notary seems like a technicality to get out of a legitimate debt.
It is at best an add-on to other claims in which you pray the court will enter an order that removes the nullifies the recording of the offending document from the public records. That won’t get you very far since you obviously have notice of the document’s existence. So you need to attack the document itself and even there, Judges are very reluctant to enter orders granting relief where the borrower has essentially admitted the debt, note, mortgage and the default. How would you like it if you loaned money to someone for real and then were prevented from collection because of some minor technicality? It’s a windfall for the borrower.
This is why I encourage people to start with the money trail instead of the documentary trail. The documentary trail tells a story ABOUT a transaction which is presumed to be true especially if your client’s signature is on it. But the money trail reveals what SHOULD be on the documentary trail and it is by reference to transactions that were real, where money exchanged hands, that you can say that the documents upon which the other side places reliance are wrong.
Tactically the pretenders lenders are relying on the documentary trail. Don’t go there. It’s a trap. Go for the real transactions in which money is supposed to have changed hands. Then you can ask in discovery two alternative lines of questioning: explain why the documentary trail does not reflect the actual money trial and where are the receipts and disbursements (cancelled checks and wire transfer receipts) to support your documentary trail?
The last items that closes the book on them is to show that there was no privity or authorization for them to take the consideration from an independent third party transaction and apply it to their documents.
I can’t take my neighbor’s auto loan and say that proves he owes me money. I have to actually loan him the money and if his documents say that he borrowed money from a finance company, then THEY have to show the same thing I do — that they really loaned the money or really bought the loan with cash. If neither of us can prove we paid anything then the fact that he got money as a coincidence with our paperwork is not going to help either the finance company or me. It must be presumed that the money came from someone else, resulting in voiding the purported transactions and allowing for whoever actually parted with money to come forward and stake his claim.
So fake notarizations are indeed a bad thing and that should be cause for concern in the property records of each county where title is supposed to be recorded. But wasting your time on that attack is not likely to produce much in the way of results in the form of real relief for your client.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: attacking the documents, attacking the money trail, cash transactions, forgery, notary, perjury, recording validity of document |
I recommend filing written complaints with the Corp Counsel of your County, and log your concerns noted with the ROD (they have immunity, it seems) … and then apply your complaints into State Dept of Regulation/Licensing and Law Review Boards since they won’t do anything (locally, since it IS politics at our homeowner level & attys know each other). Its the real estate boards and state licensing agencies which get their attention best … when they can be sanctioned and fined & lose their potential incomes (for their families) since they DON”T get it when its not their homes. The money trail IS the “dagger” and you may as well discredit the attorneys doing illegal notary on forged/altered docs stuck into permanent record ROD against you … they must be made accountable via their licenses. Our emotions do little, and they seem to want to skirt our 4th, 7th and 13th Amendment Rights against us … because they lie and use Hegelian Dialectic (ex: you’re bad, you didn’t pay us servicers, we own it all because we have MERS privatized exchanges) … look to your state banking commissions (if state regulated) as the Fed/OCC/HUD etc do nothing and actually have these “servicers” holding their Govt records: try a FOIA, once, twice, three times, you’ll still get the run-around. Also file a Residential Backed Mortgage Securities Fraud & RICO Act alert with the Fed (Eric Holder’s office @ USDOJ) and see if those people actually do their jobs or just talk on TV and at their parties. Don’t give up, keep spending $0.46 stamps and keep a notebook log … one day we will be vindicated. Thanks, Neil.
Hello There. I discovered your weblog using msn.
This is a really neatly written article. I’ll be sure to bookmark it and come back to learn more of your helpful info. Thanks for the post. I’ll
certainly comeback.
Its more political than you even describe here, Neil: it’s the duty of the District Atty of each county to mandate accurate records, yet they will act like you are trying to alter the record as a “third party” or “privatized interest” when in fact you are correcting records … this is the loophole they know, to force homeowners into court/costs while they know your savings & income & status re: ruined credit (by them) then they step in as proxy-owner with eminence front & bold-facedly lie to the court that their private exchanges make the public record inept and they are more accurate with money (as a “lender”) than the poor homeowner who stopped paying or was loan mod scammed into subservience … its a non-service and abuse of their positions which they set themselves into: forgery by Grantor nulls & voids contracts as unenforceable (WI Stat 943 & 706) yet it w/o D.A. to investigate/charge then there’s little chance a local judge will rule against his DA/ROD etc.
They are so sick tresspass they actually believe causing human suffering gives them everlasting life. Everything they do is inhuman. I question if they are human because they display no human qualities.
Take that Senate hearing with Chase reps….the arrogance…the fake tears….
Obama and others using the media and their S.OS. fraud & fakery….. to try and force an unconstitutional & illegal agenda on our Constitutional Republic by declaring an Open & Secret war on our Legal Rights. Their constant drivel about the school shootings…Save your fake tears & pleadings for your day of reckoning will come. They will pay an eternal price for all of their crimes against humanity. They are no more than clever Terrorists and Extortionist fakes and phonies. May God bring them the Justice they truly deserve for denying or even trying to deny people their Legal Rights to Defend their own Life, Liberty and Property.
Allow me to clarify….clear title to us….plus monetary compensation for harm done & harm intended.
Tresspass….That’s right..when you “get it” you realize NOTHING they are doing is Moral, Ethical, Constitutional or Legal. They are not our Government, not members of our Constitutional Republic they are in fact, Imposters.. Upon our discovery of their crimes we must not Cooperate and Demand Justice under all of the Laws of this Land. Clear title with Prejudice, all costs of these fraudulent fc actions be assessed to these Imposters, including all Property Tax bills and monetary compensation for harm done & harm intended. I suggest no less than 3x the face value of the Notes.
Christine, wow. Don’t make my heart sink. The game is rigged. I’ve dealt with the legal system before and when it was over I looked at their ‘court appointed attorney’ and said, ‘You….you chose this system to make your living in? How can you live with yourself?’ He said, I’m sorry can you forgive me? I said I forgive you and walked out the door.
It was one of those kidnapping by power to force you into their control situations and when I knew how to sign documents placed before me where the only way I can go home is to ‘sign’, I signed them in ways that made them useless for their purposes. But it wasn’t over yet, to keep the fraud going, they ‘gave’ me an attorney at no cost to me. When I didn’t talk to him, he and the prosecutor got the judge to try to issue an order to have me committed for an evaluation. When that tactic didn’t go well as they tried to make the decision, they kidnapped again to get better signed documents with the stipulation that when I am released from their control; I get evaluated or agree to sit in an institution for 30 day evaluation. So I went to the evaluation (another no cost to me thing) and spoke only what was needed to their psychiatrist.
I laughed at one point and she asked what was funny and I said,
The Creator is trying to evaluate the Creator.
Anyway, when she questioned my life or family or childhood to find out about me, I told her that was private and confidential and I am allowed to have all the life experiences I had and none of what I’ve experienced requires an evaluation on whether I should have experienced it or not.
That court spent 18 months trying to make something out of nothing, except the property in question and that they were trying to gain control over was, Me.
Eventually they had to let go of the net they cast over me and deal with their own system and trespasses. The end deal was to sign something and I could walk away and never look back.
That’s when I told their court appointed attorney those words. I stayed in honor and true to who I AM the entire time and the system was like the temptation of the devil trying to get me to NOT be who I AM.
In the end, the light won and so I know one major thing about that system.
Once all the players are in the room and the game starts, it doesn’t end until there is a judgement. That’s their rules. So even as they adjourn or recess until there is a judgment the game continues and the rules change, things are struck from the record, things are not allowed, things are forced to proceed.
It’s a hell where they chose to play and every day they have to go in there and play that hellish game and so help their soul, because every deed done by them is kept in their own books as well as the book of Life. What a fitting conclusion for them to write their own sentencing in the afterlife by recording their actions, thoughts, and deeds, in this life.
It’s not to feel sorry for them, they chose their path, and I’m glad their path is not mine.
It was the foreclosure theft happening at the same time. Talk about dark places, but I remembered that ‘as I walked through the shadows…..of the valley…..I shall fear no evil’.
The experience of both courts and my outside learning was priceless. Where one judge knew the right thing to do and I walked away from the fraud with the freedom I should not have had taken in the first place, another judge decided the ‘right to shelter’ was something they could decide I could not have.
Two systems of justice and two judges. That’s why the foreclosure review doesn’t go away and the fraud is being exposed in all it’s ugly layers.
There has to be remedy, by Divine Right. The Creator cannot be evicted by the Created from the right to Live peacefully and in shelter, on the Earth; for which it was created.
It’s here for us, not ‘some’ of us.
@Deb
I sent in a stack of paperwork to OneWest for my “foreclosure review”—haven’t heard a peep—they probably threw it in the trash and exclaimed “OOPS!”…
Oops…you are the one hurling unfounded and baseless accusations. You are an IMPOSTER….THEREFORE guest….DON’T TELL ME WHAT TO DO……I OWE NO MONEY, PROPERTY OR LOYALTIES TO THE SYNAGOGUE OF SATAN, THE BABYLONIAN TALMUD OR THE PROTOCOLS OF THE LEARNED ELDERS OF ZION..
THEY ARE NOT OUR GOVERNMENT….EVERYTHING YOU IMPOSTERS ARE DOING IS IMMORAL….UNCONSTITUTIONAL ….ILLEGAL….& INHUMAN…
http://educate-yourself.org/en/protocolsofsion.shtml
Stipes… I do not have to disprove or prove any of your allegations. And I do not plan to … Hire a Lawyer.
All of these warped individuals who have hijacked our free republic under many guises prey on peoples fears and abuse their self induced power and use it as a weapon to do everything that is disadvantageous to the people, in order to weaken the power of We The People.
To say they are disingenuous misses the mark completely. These are deliberate Acts and threats from imposters who behave like secret and open dictators, terrorists and hired mafia thugs.
There is absolutely no humanity or redeeming qualities in these entities who are in reality, completely soulless. I don’t believe they became hard hearted by mistake. I believe they are manufactured to be this way from a young age and are taught how to cover their soullessness up. They are paid actors who are forcing down our throats an immoral, unconstitutional and illegal agenda that is more akin to a Cold War Soviet Dictatorship than a Constitutional Republic.
They cleverly disguise their evil and that is how they get into positions of power. They have used many guises to sneak under our radars.
For example, no criminal prosecutions for massive Securities Fraud by any of these crooks. No attorney’s going after the massive Securities Fraud by these crooks or demanding the proper corrections be made…clear title & monetary restitution to We The People….No accountability for these Felonies and desruction of Title by these thugs. The “Supreme Court” dictating to the courts to accept anything from these Felons.
The truth is being hidden from We The People. Mass Securities Fraud by these criminal Imposters means there is no peace and no security for We The People. No one is safe in their Persons, Papers, Homes or Effects. The courtrooms are shut down. There is no Due Process that Defends our Life, Liberty and Property. Judicial Foreclosures are a sham and a fraud. No Laws are being followed by the courts and no proper corrections are being made. Not even an outright dismissal of the cases is justice for the Crime of Securities Fraud and other Felonies too numerous to mention.
Our Life, Liberty, and Property are in peril as individuals and as a nation and that should be unacceptable by not one American Citizen. None of this has happened by mistake….it is a complete and utter outrage.
This may be your Totalitarian Government guest….this is not mine. This is not my Constitutional Republic because everything they are doing is UNCONSTITUTIONAL and ILLEGAL. These IMPOSTERS have NO RESPECT for any American or, their Life, Liberty or Property. They behave like Godless Dictators from some Foreign land not our own. I did not elect or appoint ANY of these IMPOSTERS.
Remembering Teddy’s KGB Connection….
http://www.humanevents.com/2009/08/27/remembering-teddys-kgb-connection/
Carie-
my parties are onewest and HSBC as “trustee for the certificate holders” hsbc was claimed to own my property after auction who paid “legal money” whatever that means, onewest dealt with selling my home to another they accepted offers on the property and were in control of the sale and payment to the realtor agents involved. yes the 1099 is from onewest for the full amount of the puported loan, serviced by indymac prior and master servicer is supposedly was supposedly, wells fargo, so then why cant i get the details of the assets transferred by fdic under FOIA, it exists doesnt it, since they sold the home and issued a 1099a, ill be off to court to try to get that from them, this is prob what they told you too right, “you may seek judicial review- lets go.
T.U.,
“These banks and lawyers are not stupid. They know that 99%+ of all foreclosures in this country are never contested by the homeowner or real estate investor, but it still does not make it right.” In bfact, I was reading something and I lost it. I wish I had posted it immediately, in connection with that infamous “99%” of people who don’t fight.
The article, also written by a defense attorney, was about how much against pro se the game is rigged. That 99% everyone always brandies about includes the 5% or more who try, really try, to negotiate and fight in court. The reason they are never counted is that the assumption is already made: pro-se = loser. Judges and courts come up all the time with feel-good-buy-me-a-conscience rules to “help” pro se navigate the system but, deep down, they have already decided long before any one of them presents in the court house. It’s not even a bias toward banks (no, judges are as horrified as anyone by the fraud in all impunity). It’s worswe than that. it is the completely elitiste attitude they absolutely don’t know they have of viewing everyone who didn’t go to law school and didn’t make it to judgeship as “handicapped”, “dysfunctional”, as though they truly believe that no school can teach how to think for oneself better than law school. So, unless you went, you’re damaged good and whatever the judge says or does will fly way past your intendment. You’re a waste of the judge’s precious time. An incongruity they don’t even understand is allowed to exist in such a well-rounded system. Apparently, they would rather everyone had free representation in court than deal with anyone of us in person.
And the horrible thing is that those are good people! People who would never intentionally hurt anyone. They have been completely thwarted and brainwashed into that us against them mentality. Those who respect the law and will find the proper channel to have it applied and those who have no business appearing without representation and… how dare they!
I have to find that article again and post it. It made my heart literally sink…
Christine, thanks for the post from the bankruptcy attorney.
I’ll need to search the net to see when it originally posted.
I’m impressed by the status because a bankruptcy attorney exposing a fraud that affects the bankruptcy of the corporate United States, may be able to cause to render null and void some things that we may not be aware of as being administered in our land.
My general opinion and Will is this:
No matter what agreements were made by old men (where legally man means woman and child) who are long dead, deceased, decedent, dead persons; their written documents should not be the enforcing energy over the living.
It makes no sense that the living is serving the dead who are not here to retract what they created. The dead did not, does not, has not, and never will be a creator of the living.
The living must serve the living, and when a writing from someone, who is no longer here to enforce that writing with any authority, trespasses on the living who stand before the life of man and says ‘No’, then without the originator of the rule present to defend their reason it must remain in place, that rule should immediately become a nullity.
Life, is wonderfully defined in Black’s Law, but a key thing about it, is.
Life is protected by the Constitution for the United States.
That means, a corporate body with an EIN has no power over One in being with a Social Security Number, because the One with the Social Security number is nondecedent.
Once that living One speaks their will. Then only that Will can be enforced, and no employees working for a corporate body can individually or collectively over rule the Creator’s Will in the life that said, No, or No More.
Trespass Unwanted, One, Alive, In Being, Creator, Life, People, in Jure Proprio, Jure Divino
Law Enforcement Calls Obama Felon, Imposter…
http://www.westernjournalism.com/law-enforcement-calls-obama-felon-imposter/
Chicago Street Faces: Joe Biden and The Russian Conspiracy..
http://chicagophotojournal.com/2012/05/13/joe-biden-and-the-russian-conspiracy/
Evil does what Evil does….it always blames it’s victims.
Got Security…?
No…you don’t.
So…nothing else matters.
Monsanto and you go hand in hand guest…2 or more Imposters = one evil.
LMAOROF…guest…Prove one thing I am saying is false otherwise you are an Imposter. There is no doubt in my mind who you are. How do I know this…..? No valid arguments just personal attacks.
You can personally attack me 24/7…THE TRUTH IS….You can’t win a legitimate argument.
Misrepresent is all you do & try and make everyone believe the lie that it’s everyone else but you. The evidence is clear….you imposters & traitors are tying to turn our Constitutional Republic into a Russian gulag like down in gitmo. The people are waking up so stop lying.
You should go to work for Monsanto ….
I think you Stripes are alot like our Gov….. You spend more than you bring in ….. and you want everyone else to support you. Without your daily showers .. your ears should be well fertilized to grow potatos by now. I hope you like potatos. The BS that spews from your mouth should make great fertilizer!
BEWARE….There are Strangers in our house….they are armed & dangerous….they are Felons…Imposters and Traitors to our Constitutional Republic …
They are sueing the fictitious trustees…..AKA The Title Companies…..
Sorry it just doesn’t jive…….
Too many “errs” by too many entities means this was one giant conspiracy.
Truth be told…..the Treasury was in collusion with the FED….
Who controls the Treasury…..? CONGRESS….
I agree with granny…I say it’s feudin’ time….we been provoked.
Keep your Eye on those New York Lawsuits!!
Carie, … Why are the Certificate Holders/Investers sueing their own Trustee?
The judges are clearly dishonoring us.
You make them plead by asserting these are Not genuine legal documents because there is NO SECURITY… and therefore they are Imposters. You do that in your Answer…they still prove nothing.
The burden of proof is much higher when it involves real property. The Creditor must prove the Bill of Credit existed in the first place. A Credit Bid at auction does not cure the Default by the Issuer of the Original Bill of Credit or the unsustainable debt accumulated because of the SECURITIES FRAUD by the Original Issuer.
These are in fact, Imposters who are Racketeering in Securities Frauds to gain unjust enrichment.
There are plenty of people who can START a foreclosure, but only the creditor can finish it with a credit bid at auction.
how do I prove that?”. The answer is that you don’t — you make them plead and prove their allegations. Non-judicial foreclosure was NEVER meant to be a vehicle to allow foreclosures to be completed when they would not have satisfied the statutory requirements of a judicial foreclosure.
This doctrine is centuries old. You know something is true or you at least have good reason to believe a fact to be true but he other side has the proof. IN this case you know your denial of the essential elements of the judicial foreclosure forces the forecloser to come forward and prove their claim that they indeed have the right to foreclose.
“Where the evidence necessary to establish a FACT that is ESSENTIAL to a CLAIM lies peculiarly within the knowledge and competence of one of the parties, THAT party has the BURDEN of going forward with the evidence on the issue even though it is NOT THE PARTY ASSERTING THE CLAIM.” [Garcia v Industrial Acc. Com (1953) 41 Cal.2d 689, 694; Wigmore Evidence 2d ed. 1940 Sec 2486; Witkin Cal. Evidence (1958) Sec 56(b).]
The Clampetts are Overdrawn..
There are alot of uneducated people who are feeling a lot of misdirected anger in this country right now because of a lot of covering up for these imposters. This needs to stop & the truth needs to be told to the people. There are a lot of pawns here and a lot of innocent people are paying a heavy price for this ongoing cover up. I am not talking about disarming the people of their weapons but arming people with the truth. Then there will be justice. Nothing these imposters are doing is moral or legal. They used and abused everybody. America is not broke. Pay the people back what you stole.
OMG…..LET ME SEE…WHO IS THE BENEFICIARY OF the SECURITIES FRAUDS that are FICTITIOUS TRUSTS being STOLEN by FICTITIOUS TRUSTEES………? hmmmm………I’ll be doggonned JED…it’s ELLIE MAE..
@guest
you said:
“…Trustee of numerous trusts for the benefit of investors…”
and “who is beneficiary?”
What exactly do these securities investors GET from the proceeds of a foreclosure? Nothing? And the servicer/debt collector is stated as lender on 1099 tax form for IRS…so—that means that the servicer got the proceeds—but the recorded docs state that the Trustee of the MBS is the “beneficiary”…
Imagine being the BENEFICIARY and the HOMEOWNER! IT TAKES TWO TO TANGO …… To A Good Night!
Who is the BENEFICIARY?
I sure hope yellow is your color … CCDOC….
This was a good week …
FirstPrevious1NextLast Showing 1 to 1 of 1 entries (filtered from 292 total entries)
Last Update:Friday 1st of February 2013 03:58:00 PM
Case #12-519078
Sale Scheduled Date
41332 Property Address330 North Howard Street Property CountyLos AngelesUnit 207…
Auction Location- 400 Civic Center Plaza,
Pomona,California Auction Location
Opening Bid
Add’l Bid Instruct
Auction Time N/A
Sale Status -Off Calendar
PP/CANCEL REASON BENEFICIARY
registerclaims@live.com
Pro Tanto recovery..?…..ANOTHER HOAX… The only joint and several liability claims here are on behalf of We The People……THE ONLY HARMED PARTY…..PRO TANTO DEFINITION FROM INVESTOPEDIA….
http://www.investopedia.com/terms/p/protanto.asp
Stripes … Go take a flying Leap off the Deep End on an Empty Pool!
Spagettios…
It’s all criminal guest….Concealment….aiding & abetting…..fraud, forgery, counterfeiting to gain unjust enrichment …uh oh..
THAT INCLUDES THE FORECLOSURE HOAX….IT IS ALL ILLEGAL…ALL OF IT…THESE ARE SECURITIES FRAUDS…THESE ARE CRIMES AGAINST OUR CONSTITUTIONAL REPUBLIC……AKA….WE THE PEOPLE.
Conclusion
Plaintiff has established a sound argument for TRO that is warranted from issues pleaded in the complaint.
Defendants are held to arguments that fail to raise the least merit for avoiding culpability in the face of ill gotten gains and unethical pursuits in the name of a purported Pro Tanto recovery
The value of the obligation is the amount owed to the lender by the consumer household. The category of transaction is in question as the agreement holds the balance outstanding as payable to the term of thirty years. A counter argument asserts the lender and consumer household entered into an installment sale and for the right of a repurchase. Therein the subject controversy holds the requirement for fulfilling all conditions of the origination and subsequent sale.
Conditions For Sale And Buy Back
Title is conveyed under a non judicial framework conditioned by a trigger for which default allows a third party, normally a custodian who acts incidental to trust, and takes interceded. This is likened to a conditional right to bare legal title in the event of a default by the debtor.
Claims cite a power of sale amongst private parties, as bargained for under the terms of the security,. The mortgages beneficiary is held to a private party binding agreement or enforceable right to its non judicial recovery by power of sale.
Continued ….
registerclaims@live.com
HOAX…HOAX….HOAX….American Exceptionalism is another tricky term…We The People ARE EXCEPTIONAL because we have a Constitution/Bill of Rights…WE THE PEOPLE OWN THIS PLACE…That fact alone makes EVERYTHING these MOLES & IMPOSTERS are doing and have already done ILLEGAL……including ALL OF THE ILLEGAL WARS & BAILOUTS OF THE TOO BIG TO FAIL IMPOSTERS…
Transferring SECURITIES FRAUDS to a Trust after the SECURITIES FRAUD is committed is even more criminal…
If the link below about the CYPRUS HOAX is blocked..GO HERE..MUST READ…
http://www.fourwinds10.net/
Follow the Money!! No Montage Loss .. No Claim!
The Problem with Pleading a Convoluted Subject Matter
THE TRUSTS
The Bank of New York Mellon, formerly the Bank of New York (“Defendant” or “Trustee”), is the Trustee of numerous trusts for the benefit of investors (called“certificateholders”), including Plaintiff.
MS asks – Who are the certificate holders? Another concern was the following …The document providing for the establishment and administration of each Trust is called a “Pooling and Servicing Agreement” (“PSA”).
[MS Asks] – And, what about the other three agreements that ranks as critical in importance to the case?
The corpus of each Trust consists primarily of residential mortgage loans made by Countrywide Home Loans, Inc. and/or its affiliates Park Granada LLC, Park Monaco Inc., and Park Sienna LLC.
{MS Asks ] – Why is this is wrong…. and here is the reason for failing to state a claim!
Based upon the assumption that the loans were deposited into each Trust, the borrowers began making payments to each Trust through Countrywide Home Loans Servicing LP as Master Servicer for each Trust. –[MS – Asks -] Why is this wrong and so far off!
Countrywide Home Loans Servicing LP is now known as BAC Home Loans Servicing, LP.
[MS ] – And …what is the implication?
Throughout the remainder of the Complaint, this entity and its parent will be referred to as the “Master Servicer”.
[MS Comments ] : Why, or what causes this statement to fail ?
When the Master Servicer collects loan payments from borrowers, the Master Servicer transfers those payments less allowable deductions to the Defendant, who as Trustee of each Trust distributes those payments to each Trust’s beneficiaries — the certificate holders — such as Plaintiff.
[MS Comments: ] Which Trustee , wrong !!!
Thus, the certificate holders are entitled to participation in the cash flow the Master Servicer collects from borrowers relating to the mortgage loans each Trust holds on behalf of the certificate holders.
[MS Comments : ] What certificate holders ??? Who …when Where
Therefore, each Trust is primarily administered by two entities: The Defendant Trustee”, who is the “face” of each Trust with the Trust beneficiaries such as Plaintiff and the “Master Servicer”, who is the “face” of each Trust with borrowers.
[MS Comments: ] Not even really close at all – all stated generic answers !
This pleading is hopelessly stabbing in the air for something , anything, to hit for a chance to stay alive. To successfully plead all claims there must be legal sufficiency to show Plaintiff is entitled to relief under his Complaint. Without substance the matter lacks an accurate portrayal of the essential requirements for pleading a montage foreclosure defense. A pleading is lost from the outset if the basic assumptions are not in line with reality . I emephasize, with all due respect as a professional who is 25 years secondary and capital market’ s experience the following:
IF YOU HAVE NOT TRADED AND OR SHIPPED AND CLOSED, UNDERWRITTEN OR SETTLED , BULK TRADES OR PARTICIPATED IN THE SECONDARY AND CAPITAL MARKET FOR NON AGENCY GSE WHOLE LOAN ASSETS …. YOU WILL NEVER KNOW WHAT THEY HAVE DONE !
Attorneys need to get up to speed on how these assets are really securitized . A Complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the Plaintiff can prove no set of facts in support of his claim which would entitle him to relief. See Conley v. Gibson, 355 U.S. 41, 45-46 (1957) also Neitzke v. Williams, 109 S. Ct. 1827, 1832 (1989). Rule 12(b)(6) does not countenance dismissals based on a judge’s disbelief of a complaint’s factual allegations. My emphasis is in applying the Conley standard, the Court will “accept the truth of the well-pleaded factual allegations of the Complaint.”
Not an attorney but exert witness – not legal advice
Must read Cyprus Hoax….JP Morgan-Deutsche Bank Cross-Collateralized Derivatives tied to Bank of Lichtenstein … It is also being reported Jamie Dimon is being investigated for his involvement in Bernie Madoff’s crimes.
http://www.fourwinds10.net/siterun_data/government/new_world_order/news.php?=1364326969
Seller-lessee requirements
Examples of continuing involvement, regardless of whether they are only present in the event of a contingency, that prohibit sales recognition and instead require accounting under the deposit or financing method include:
• The existence of an option to repurchase the property sold, even though the option price is equal to the then fair value of the property at the date the option is exercised. A ―right of first refusal‖
does not constitute an option to repurchase. See Section 9.2.2, for a further discussion of a right
of first refusal.
• An obligation on the part of the seller-lessee to repurchase the property sold, or the ability of the buyer-lessor to compel the seller-lessee to repurchase the property at any time in the future.
• The seller-lessee or a party related to the seller-lessee guarantees the buyer-lessor‘s investment or a return on that investment for either a limited or extended period of time. For example, a guarantee by the parent company of a lease entered into by a subsidiary of the parent constitutes a form of continuing involvement. Payments required by the seller-lessee for a decline in the fair value of the property, including a guaranteed residual value, also constitute a form of continuing involvement by the seller-lessee.
• Any form of continuing ownership in the property. For example, if the seller-lessee sold the property to a partnership in which the seller has a partnership interest, no matter how minor, sales recognition would be prohibited.
• The seller-lessee provides non-recourse financing to the buyer-lessor for any portion of the sales price or provides recourse financing in which the only recourse available to the seller is the property sold. This provision also applies to financial institutions that in the normal course of business provide real estate financing. In addition, if recourse financing is provided but the buyer-lessor is a non-substantive lessor, such recourse financing would be viewed as continuing involvement.
• The seller-lessee is not relieved of its obligation under any existing debt related to the property. Forexample, if the seller-lessee remains secondarily liable on outstanding indebtedness related to the property sold, sales accounting is prohibited.
• The seller-lessee provides collateral to lenders or the buyer-lessor other than the property directly involved in the sale-leaseback transaction, or the seller-lessee (or a related party to the seller-lessee) guarantees the buyer-lessor‘s debt.
• The seller-lessee‘s rental payments are contingent on some predetermined or determinable level of future operations of the buyer-lessor.
• The seller-lessee enters into a sale-leaseback transaction of real estate that also involves property improvements or equipment without selling or leasing the underlying land to the buyer-lessor.
• The seller-lessee is required to initiate or support operations or continues to operate the property at its own risk, for an extended period, for a specified limited period, or until a specified level of operations has been achieved (for example, until rentals of a property are sufficient to cover operating expenses and debt service).
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if the seller-lessee sold the property to a partnership in which the seller has a partnership interest
no matter how minor
sales recognition would be prohibited. • The seller-lessee provides non-recourse financing to the buyer-lessor for any portion of the sales price or provides recourse financing in which the only rec
subsidiary; of the parent; constitutes; a form ;continuing involvement; Payments; required ;Seller-lessee;;decline;fair value; property; ; guaranteed residual value; continuing involvementt by the sel
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Nothing changes the first place issue guest….these are SECURITIES FRAUDS….anything after the fact is SECURITIES FRAUD …. FRAUD IN THE FACTUM…THERE IS NO LEGAL CORRECTION FOR FRAUD…..
Upon discovery of the fraud, if you cooperate with it, you are aiding & abetting these crimes and that includes trying to Conceal crimes and pretend they never happened. SECURITIES FRAUD IS A SERIOUS CRIME IN AND OF ITSELF…
A MUST READ! http://www.conway.com/geofacts/pdf/50910.pdf If you do not understand it …. Get A Lawyer!
Being a mortgage loan officer who dealt with a few hundred of Streamline FHA & VA loans, I wrote to this Administration in early 2009 the problem of refinancing and that these loan should be streamlined, but that the problem with this Administration and if you did not graduate from Harvard you cannot contribute to the solutions.
Here was always the bottom line is that these folks all owed the tax payers in some way but instead of simply lowering the interest rates in a streamline refinance as they owed the money anyway and there would be new money issued for a old loan (just moving money around) it would not have resulted in losses but just just not as much made but the payback is close to the same margins because the cost of money is lower now.
It that the hog are greedy and saw a way of capitalizing on the weak, but what I believe is moving this forward is that we have informed people about the fraud in the securitization and that coming to a head. I guaranty that now Ginnie Mae’s fraud now has to be dealt with as Fannie and Freddie with this streamline are heading off their losses by streamlining the loans and getting new Notes and title. It the smartest thing to date!
[…] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: attacking the documents, attacking the money trail, cash transactions, forgery, notary, perjury, recording validity of document Livinglies’s Weblog […]
9/11 as well was done by imposters… Did the KGB Arrange the Assassination of J.F.K…?
http://www.scientiapress.com/kgb-kennedy
The mortgage industry is definitely a well organized crime syndicate and is run by very different personages than what it appears.
The schools are teaching our kids that the J.F.K assassination was an Inside Job…no way….it was a KGB mole job…just like what happened in 2008….
These imposters & traitors are implanted everywhere.
Cavuto on Fox Business said what’s going in Cyprus is they are welcoming the New World Order….
It’s all a scam folks….It’s the Gold-Oil-Drug debt cartel taking over by committing massive bank fraud they stole everyones wealth and are blaming their victims…all of us…
These crooks were insured by U.S. TAXPAYERS for $12 trillion in property and they have stolen a Quadrillion dollars plus $60.4 trillion and 20+ million properties to date.
This is simply the biggest fraud and robbery of our wealth by way of the Capital Markets by the Crony Oligarchs & Plutocrats in history.
This was a global pay to play scam and the only ones paying were all of us and the only players were the Crony Capitalist Oligarchs & Plutocrats… These Globalist crooks robbed everybody.
Larry Kudlow of CNBC just outed himself as a mole by saying what’s going on in Cyprus is what should have happened here….! A hostile Russian takeover by the Russian Oligarchs and Plutocrats….WOW…! He said the shareholders/bondholders/investors (who caused the crisis) should not have had to pay for their own crimes…..! As if a QUADRILLION DOLLAR ROBBERY OF THE U.S. TREASURY…..NATIONALIZATION OF THEIR MASSIVE SECURITIES FRAUDS …$60.4 TRILLION MORE IN TAXPAYER MONEY…AND 20 + MILLION STOLEN U.S. PROPERTIES SINCE 2008 WAS A PUNISHMENT AND THEY WERE ALL INSURED TO THE TUNE OF $600 TRILLION IN INSURANCE FRAUD?….. IN A WORD….KGB….The U.S. MARSHAL’S SHOULD BE ARRESTING THESE MOLES…
DeMarco is one of the only ones doing the right thing. These are SECURITIES FRAUDS…..HOW DO YOU MODIFY A QUADRILLION DOLLARS IN SECURITIES FRAUDS…? GTFOH..!
This is the Beverly Hillbillies in real time….we have the Jeds …the oil barons and the Drysdales…the banksters…. who are both doing criminal shit and hiding behind Ellie Mae…check it out…
http://elliemae.com/
They turned all of their crimes into electronic fraud and are hiding it at Ellie Mae….These crooks are using technology to hide their massive SECURITIES FRAUDS CRIME WAVE…..
FIRE DEMARCO !
http://www.huffingtonpost.com/2013/03/26/fhfa-inspector-general_n_2957130.html
Neil – any comments on Florida’s proposed foreclosure legislation? Should receive next committee approval tomorrow.
Is the mortgage industry organized crime?
by Chip Parker, Jacksonville Bankruptcy Attorney
2inShare
Gimme your home!Foreclosure defense attorneys are becoming increasingly frustrated by the dismal foreclosure statistics and are seeking help from our nation’s criminal prosecutors to investigate the possibility of bringing “foreclosure mills” and banks to justice under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Usually, when we hear terms like “organized crime” and “RICO,” we think of Tony Soprano and John Gotti. However, when the mortgage industry conspires to defraud middle class America, it make the Sopranos look more like the Brady Bunch.
Every day, thousands of foreclosures are being illegally filed by foreclosure mills, with the full knowledge that their clients (the plaintiffs) do not have the legal standing to file the case. These banks and lawyers are not stupid. They know that 99%+ of all foreclosures in this country are never contested by the homeowner or real estate investor, but it still does not make it right.
In almost every single foreclosure case filed in Florida, for example, the plaintiff (usually a mortgage-backed securitized trust) alleges that it owns and hold the note, but that the note was “lost.” This is an absolute lie. The plaintiff, who is almost never the originating lender, never accepted physical delivery of the note. Under the Uniform Commercial Code, the plaintiff is therefore not the owner and holder of the note. Besides, how can they lose something they never had?
Additionally, a mortgage can only be assigned by following a very specific procedure that includes the recording of the mortgage assignment in the official records PRIOR to the filing of the foreclosure. This, too, hardly ever happens, which means the plaintiff has no standing to file the foreclosure complaint.
Having actual possession and ownership of the note and mortgage are not “technical” issues. This has been a requirement since our country developed our legal system from English Common Law hundreds of years ago. Did the lawyers that sign these complaints miss this lecture in law school? Certainly not. They just do not think they will ever be held accountable for defrauding the court.
Many lawyers that file these foreclosure complaints are fresh out of law school. I have seen foreclosure complaints signed by lawyers so new that they do not even have bar numbers. These newbies should have their “negotiable instruments” lecture fresh in their heads, but they are too euphoric from just being employed to realize that reputation is the only thing of value a lawyer possesses.
If there is any justice, America will be waking up to headlines of State Attorney Generals seeking indictments against the people running the companies and law firms that are currently foreclosing on the middle class at record pace. The acronym “RICO” will become synonymous with the names of some well known banks, servicing companies and foreclosure mills.
I will almost feel sorry for these young lawyers who may one day have to account to the state bar disciplinary board or, worse, law enforcement. Young lawyers are only a cog in the foreclosure machine, but let’s face it, any lawyer’s head always looks great mounted on the wall of a prosecutor’s office.
Monday, March 25, 2013
Foreclosure Reversals In Northern Ohio Appeals Court Gain Steam After Recent State Supreme Court Ruling
In Akron, Ohio, The Akron Legal News reports:
An Ashtabula County court erred by granting summary judgment in a foreclosure case to a financial institution that had no ownership interest in the mortgage at the time, the 11th District Court of Appeals recently ruled.
Self Help Ventures Fund sued Lois J. Jones of Conneaut in May 2010 after she defaulted on a $61,100 residential home loan from Sky Bank.
According to case summary, Jones bought the home in 2007 before Sky Bank merged into Huntington National Bank. Self Help claimed it was the holder of the promissory note Jones defaulted on.
But although Self Help attached copies of the note and mortgage to the complaint, both showed Sky Bank — not Self Help — was the creditor.
About two months later, Huntington assigned the note and mortgage to Self Help. Self Help then filed a motion for summary judgment against Jones with the new documentation.
The appellant argued Self Help lacked standing but did not dispute defaulting on the note.
In March 2012, the trial court entered summary judgment and a decree in foreclosure against Jones. However, the trial court granted Jones’ stay of the sheriff’s sale pending appeal.
In her appeal, Jones alleged Self Help did not hold the note when it filed the complaint, and therefore lacked standing.
Self Help argued although it did not hold the mortgage when it filed the complaint, it acquired standing when it became the holder after the complaint was filed.
In a 2-1 decision, the 11th District panel reversed the court’s summary judgment and ordered the trial court to dismiss the complaint without prejudice.
The appellate court cited an identical issue before the Ohio Supreme Court in Schwartzwald, supra, in Federal Home Loan Mortgage Corp. v. Rufo. In that case, the [Ohio] Supreme Court held that standing is determined at the time of the complaint.
“Further, the Court held that a mortgage holder cannot rely on events occurring after the complaint is filed to establish standing,” 11th District Judge Cynthia Westcott Rice stated. “Thus, the plaintiff cannot rely on Civ.R. 17(A) to cure its lack of standing by obtaining an interest in the subject of the litigation after the action is filed and substituting itself as the real party of interest.
“Finally, the Court held that when the evidence demonstrates the mortgage lender lacked standing when the foreclosure action was filed, the action must be dismissed without prejudice.”
11th District Judge Timothy P. Cannon concurred. Fellow appellate Judge Diane V. Grendell dissented, calling the dismissal of Self Help’s complaint unwarranted.
“The better course for dealing with scenarios in which the plaintiff becomes a holder of the note and mortgage after the filing of the complaint was that followed by the Ohio Supreme Court in State ex rel. Jones v. Suster,” Grendell stated.
“In that case, the court stated the following: `Although a court may have subject matter jurisdiction over an action, if a claim is asserted by one who is not the real party in interest then the party lacks standing to prosecute the action. The lack of standing may be cured by substituting the proper party so that a court otherwise having subject matter jurisdiction may proceed to adjudicate the matter.’ ”
For the story, see Court must dismiss foreclosure complaint due to lack of ownership.
For the ruling of the Ohio appeals court, see Self Help Ventures Fund v. Lois J. Jones, No. 2012-A-0014 (March 11, 2013).(1)
Anyone see what’s going on over in Cyprus today….? Armed guards guarding the banks taking truckloads of money out of the banks…? Sounds like a hostile Russian takeover of the banks. CNBC reporting Putins bodyguards get roughed up down in South Africa.
http://www.moneynews.com/MKTNews/billionaires-dump-economist-stock/2012/08/29/id/450265?PROMO_CODE=110D8-1&utm_source=taboola
“…Wiedemer calmly laid out a clear explanation of why a large drop of some sort is a virtual certainty.
It starts with the reckless strategy of the Federal Reserve to print a massive amount of money out of thin air in an attempt to stimulate the economy.
“These funds haven’t made it into the markets and the economy yet. But it is a mathematical certainty that once the dam breaks, and this money passes through the reserves and hits the markets, inflation will surge,” said Wiedemer.
“Once you hit 10% inflation, 10-year Treasury bonds lose about half their value. And by 20%, any value is all but gone. Interest rates will increase dramatically at this point, and that will cause real estate values to collapse. And the stock market will collapse as a consequence of these other problems.”
See the Proof: Get the Full Interview by Clicking Here Now.
And this is where Wiedemer explains why Buffett, Paulson, and Soros could be dumping U.S. stocks:
“Companies will be spending more money on borrowing costs than business expansion costs. That means lower profit margins, lower dividends, and less hiring. Plus, more layoffs.”
No investors, let alone billionaires, will want to own stocks with falling profit margins and shrinking dividends. So if that’s why Buffett, Paulson, and Soros are dumping stocks, they have decided to cash out early and leave Main Street investors holding the bag…”
Also look up the Notary Laws in your State…..a notary may not be a party to the transaction and a witness to the transaction or that is a Criminal Act….
For example, the escrowee ….the fictitious trustee from the title company…also notarizing Securities Fraud documents….
You don’t need an attorney to subpoena the notaries carie.
To pursue an independent cause of action against the notaries is a avoiding the first place issue….these are Securities Frauds. The notary fraud is proof of Concealment of the crimes….look up their notary commissions and you will find these are fictitious notaries working from out of state agencies usually down in Florida. It is not hard to prove with our access to computers and computer data bases. However, the judges are ignoring everything.
Carie, … You would be surprised how the suggestion alone gets the default loan servicers and FC mills and their Master all a shivering, make a call to their insurer and fill them in. Heck … make a call to all the Insurers! Bond, E&O,Title, AIG, FHA etc….! oh .. and it prevents FC from ever being filed.. 🙂
I agree the fictitious Notaries are a big part of the concealment of the Securities Fraud crimes. Once Securities Fraud is discovered, all of the named entities are liable and are subject to subpoenas. Subpoena one notary, game over. They never thought it would get to that point because they knew our due process rights were going to be blocked. When I was in court a few months ago the judge remarked “we were told by the Supreme Court to accept anything from the banks, and the Supreme Court is the final word.”
Jaw dropping right…?
Judicial Supremacy on steroids..and it is not Constitutional or Legal..
These are Securities Frauds…
The text of Federalist NO 78 by Hamilton counterbalanced the tone of “judicial supremacist” and does by no means suppose a theory of a superiority to the legislative power. It only supports the power of the people is superior to both, (Marbury v Madison).
@Jan
Also, if it was that easy—I would think lawyers would be all over that, but I don’t see any lawyers suing foreclosure mills with regards to your scenario…why do you think that is?
@Jan
Is there a statute of limitations on suing the foreclosure mill under those circumstances?
Everybody knows the system is fraud upon fraud…but we have no non-fraudulent system to replace it with, so the judges couldn’t care less about robo-signing, unsecured debt, and forgery, etc.—they just want their courtroom to hum along, and not worry about REAL justice…
Revolution 2.0, right E.Tolle?
http://dealbook.nytimes.com/2013/03/26/jpmorgan-chase-faces-full-court-press-of-federal-investigations/
What Neil overlooks is that the manufacture of a forged notary undertaking is the use of a “foreclosure” should hand to the homeowner a quite independent cause of action, in theft by conversion, itself leading to unjust enrichment. Theft by conversion will in turn provide for either double or treble damages, measured as a baseline by the appraised gross value of the property (no deduction for any debt on the property). At that point, the “lender” that manufactured the phony notary stamping is wide open to serious money damages.
I have seen notarizations where the stamp (in Cali) shows a commission expiry of 2007, yet is attached to a document claiming “execution” in person in 2001. Since the notary was not even a notary until 2003, you have a complete forgery. In another case, a “PSA” had a Colorado signature notarized averring the notary was a notary in Queens, NY, and it was signed there, although the notary was a Colorado notary and never showed her face in Queens NY. Once again, this exposes the utilizer of that stamping to double or treble damages. Sometimes the better litigation tactic is to say: “You foreclosed on me using a document that turns out to be forged, so now you pay me treble the value of the house.” makes for an unsettling day down at the foreclosure mill offices (yes, you can also go sue them!).
RE:… per Neil……. if you loaned money to someone for real and then were prevented from collection because of some minor technicality?
……………………………………………………………………………………………………
Minor technicality? How long do you streeeeeeeeeeeeeeeetch minor before it is considered Major? And since when did the word technicality become widely used to replace the word Criminal? Lets not forget what these “Major Crimes” not “Minor Technicalities” done …not only to investers but to homeowners and taxpayers. It was the Biggest Scam in History!! And nobody is going to Jail? We will see about that ……..
How about a foreclosure with a forged assignment and a missing note as in my case
I am going to make an assignment of the note to myself and have a fake notary notarize de signature of an officer of the mortgage company. If they are doing, why can’t we? Then have their lawyers charge them $ 500 an hour to trace whatever …
When I first read Neil’s blog today, I had to re-read the first sentence several times. After understanding what Neil was writing, I think my first take was actually the correct version:
“All across the country we are discovering that robo-signing and forgery of notarizations have enabled the pretender lenders to assure the court that they own the debt, note and mortgage or deed of trust.”
Might as well say it like it is….pretender lender’s “deeds to the courthouse” is closer to reality.
Neil;
Why has it taken so long for anyone to come up with this analogy, with the auto? The DMV would NEVER take a copy of the paperwork and allow you to register the car. More oversight at the DMV, than the deed office, Just saying? Everyone keeps talking about the same thing, over and over, nothing changes. Even the N.A.’s…they cannot loan money, rules about them, meaning they have no losses, ’cause they didn’t lend anything. Jeez….converting notes to securities carries a burden, under UCC, not civil law, where they are asking a court, without subject matter jurisdiction to rule. For cripes sake people.!