OCC: 13 Questions to Answer Before Foreclosure and Eviction

13 Questions Before You Can Foreclose

foreclosure_standards_42013 — this one works for sure

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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 PROVIDE ACTIVE LITIGATION SUPPORT 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 ANALYSIS AND PRACTICE TIPS FOR LAWYERS: One of the things that I noticed about the cases which I have followed or which have been reported to me anecdotally is that the borrower or borrower’s attorney invokes defenses and counterclaims that makes the case far more complex than the judge is willing to hear.

If you really want to win on the trial court level or make a good record for a successful appeal, the legal and factual argument needs to be simplified. I have previously made a big point about how a judge has very little choice but to allow the foreclosure to proceed once the elements of a foreclosure have been admitted by the borrower or borrower’s attorney. All the other issues are really the basis of a lawsuit in which the causes of action seek the remedy of monetary damages.

Foreclosure is an equitable remedy which calls for less judgment on the part of the judge that it does for him or her to perform a ministerial act. The mistake that is being made by most attorneys (and perhaps I added to the confusion unintentionally) is that  they have failed to distinguish between the equitable and legal remedies. This calls for some careful action by the lawyer or else he or she will be open to a later argument of collateral estoppel or res judicata.

In the nonjudicial states the equitable remedy of foreclosure is made even more ministerial and less subject to challenge based upon the merits of the claim of the pretender lender to collect payments from the borrower and to foreclose when the borrower ceases to make payments. The fact that the system was not set up by the legislature to accommodate or regulate wrongful foreclosures by non-creditors is not a basis for asking a judge to rewrite the law.

In Massachusetts this issue was highlighted in the Eaton case. Before that case Massachusetts specifically allowed the equitable remedy of foreclosure merely upon allegation and proof that the foreclosing party possessed the mortgage document under circumstances where there was at least probable cause to believe that the foreclosing party had the right to enforce it and use it.

In the Eaton case the court was careful to state that the ruling applied only prospectively and not retroactively. In that case they attempted to deal with the issue of whether an actual debt existed,  whether a creditor debtor relationship existed between the foreclosing party and the homeowner, whether the note and mortgage were valid, and whether a foreclosure could go forward without any showing that the foreclosing party was a creditor or even had possession of the note. The court decided that ownership of the note was essential to allowing the foreclosure to proceed.

Based upon the huge volume of statistical and anecdotal evidence there can be little doubt that most of the foreclosures and foreclosure sales have been illegally conducted and wrongful. That doesn’t mean they are void. The purpose of the statutes as they are written is to enhance  liquidity and certainty in the marketplace; thus they allow almost every type of foreclosure to proceed through the conclusion of those proceedings as set forth in the statutes, with the added presumption that if malfeasance lay at the core of the foreclosure proceeding, the borrower would have an adequate remedy at law, to wit: a lawsuit for compensatory damages, punitive damages and exemplary damages.

Of course we all know that an action for damages is not an adequate remedy for somebody who has been evicted from their own home. But the problem is that before the securitization scam, the idea that anyone would attempt to foreclose on a mortgage without being a creditor and having no relationship to a creditor and without having a single cent invested in either the origination or acquisition of the loan would have been regarded as pure fantasy. From that standpoint the legislation makes sense. If you feel you are fighting an uphill battle, look at it from the point of view of the legislature and the banks that were making conventional loans and you can easily see why the law facilitated the mortgage foreclosure process.

When I was first interviewing law professors and judges back in 2007 and 2008 the unanimous opinion was that it would be very difficult to stop the foreclosures from proceeding but very easy to win an action after the foreclosure seeking monetary damages. The interesting thing here is that these people instantly understood that the lawsuit would have alternative counts. Either the pretender lender had an actual interest in the loan as evidenced by the note and mortgage or they didn’t.

If they did have an interest in the loan then the causes of action would be based on breach of contract and perhaps unjust enrichment along with statutory violations taken from federal and state law. There could also be an action for wrongful foreclosure that is recognized to exist in the common law and appears to be more of an action in tort than contract.

If they didn’t have an interest in the loan then there would be no action in contract since you would be alleging a lack of privity and defects in the disclosure documents, and closing documents including but not limited to the note and mortgage. It appears to me that this action would be based mostly on intentional interference in the contractual relations of another and both statutory and common law fraud in the inducement and fraud in the execution. Statutory actions brought under the truth in lending act might be sufficient to state a cause of action for treble damages, interest, costs of the action and recovery of attorney’s fees.

The point raised by the law professors and other experts with whom I consulted was that the goalpost would constantly be moved as the borrower attempted to stop the foreclosure and sale from going forward. Once completed, however, the actions of the pretender lender are essentially engraved in stone.

The action for damages should of course be accompanied by a demand for jury trial. The liability portion of the trial should be relatively simple involving simple arithmetic and a logical progression of claimed ownership of the loan. The last defensive strategy of the banks is going to be based on circular logic, to wit: that there is no damage because the foreclosure sale was valid and that the sale must be considered valid because it is already done; and if it is already done the deed issued upon foreclosure sale at the alleged auction is presumptively valid. In other words “what we did was valid because we did it.”

In my opinion there is big money in these lawsuits for damages and lawyers are encouraged to do the research and analysis. My firm is taking these cases on contingency where the right elements are present. So far everyone who has done their own research and analysis has arrived at the same conclusion expressed in this article. But there is a huge trapdoor that litigators must avoid.

Just like a petition for bankruptcy creates an administrative proceeding before a bankruptcy judge which is not the same as a civil litigation proceeding which would be filed in front of the federal district judge, a litigator in a foreclosure action must be careful to narrow the issues such that the foreclosure proceedings do not include allegations and proof directed against the pretender lender for not being the creditor and not having any authority to represent a creditor.

In judicial states this would mean a motion to dismiss or motion to strike any allegation that might lead to a final judgment in which the court finds a debt owed  to the pretender lender from the homeowner.

The point must be made that the preoccupation of the judge with the payments from the borrower should mean that “payments” are at issue. If payments are at issue than the payments made and received by the pretender lender and its predecessors or successors must be given equal time in a court of law — not just payments made and received by the alleged borrower.

Strategically the litigator should point out that the foreclosure process is essentially an administrative process involving ministerial duties by the judge. It should be argued that if the judge wants to allow the foreclosure to proceed and to allow the sale at auction to proceed, that is one issue.

But if the judge wants to enter a judgment based upon a debt, and a note and mortgage which supposedly describe the debt and the repayment terms, and based upon alleged ownership of the debt —  then the party intending to foreclose must allege injury which means that they too are required to produce evidence of payment and evidence of loss. The only acceptable evidence for that would be a canceled check, wire transfer receipt or other actual document generated by a third-party showing the actual movement of money.

Thus the judge should be guided towards a judgment that he or she already wants to enter, to wit: allow the foreclosure to proceed. In the lawsuit filed by the borrower after the foreclosure sale a different judge will probably hear the case. If presented skillfully, the judge may react warmly to the opportunity of getting another case off of their docket.

Critics say Michigan foreclosure bills seek to ‘get people out of their homes quicker’

Keeping The ‘Recovery’ Dream Alive; 3 Big Banks Halt Foreclosures In May

Banks Snap Up Foreclosure Aid Meant for Borrowers

Activist homeowners take foreclosure fight to the DOJ

Regulators probing banks for faulty debt collection practices


64 Responses

  1. June 6 2013–appeal decision-win for homeowner-BOA note and deed seperated–BOA no authority to negotiate a loan mod at mediation

  2. look at this—what a federal judge says in California–he does not have time!!

    also states on the record that we should contact our senators!!

    what…because he does not have time…means our due process rights go out the window??

    look at attached case decisions….

  3. Good Luck seeking monetary damages after they steal it. Those law professors and judges sound like criminals.

  4. “…When I was first interviewing law professors and judges back in 2007 and 2008 the unanimous opinion was that it would be very difficult to stop the foreclosures from proceeding but very easy to win an action after the foreclosure seeking monetary damages…”

    Okay, Neil…we’re waiting…just how “easy” is it?

  5. There are a few judges who “get it” but, I was told by an attorney that if they start becoming to sympathetic to the people they get “switched out.”

    Yes, the merry go round of judges never stops. They switch courtrooms like the banksters switch plaintiff’s.

    Funny story from a while back. I was personally delivering my courtesy copy to the judge. The courtroom clerk thought I was an attorney and told me “they are switching judges around again.”

  6. The banksters did the same global overissuing investments scam with everything that effects our Life, Liberty and Property. College ‘loans”…car “loans” even credit apps were used as financial weapons of mass destruction called derivatives. Nothing underlies what these crooks were selling.

    As for the judges part in this scam…..if they are judges, they are part of the big club. They have been indoctrinated with the marxist-leninist ideology that flies in the face of all of the laws of this land. They are entitlement people. They believe they are entitled to take everything away from us. That is not legal, moral or ethical but it is evil and part of the communist “big idea.” Judges also have the ability to cover up all of the fraud of the banks with a stroke of a pen. It is called judicial notice….”judicial supremacy” …..Corpus Juris Secundum….it is ruling on legal theory not based on law or fact….it is ruling on an assumption that a mortgage exists and we “signed” that contract. It is precisely what the founder’s feared. The corrupt politicians are all in with what the judges are doing. It is Comity, political favoritism, capitalist cronyism the democratic underground, the democratic machine that is at work not just in Chicago but nationwide.

    All of their cronies are in place at the Treasury Department as the latest Eric Holder scandal proves to block any criminal prosecutions and keep the theft of our wealth going and to keep liberty and justice on lockdown.

  7. There is no discovery. This was an evil bankster plan to seize all private property from the people under the guise of some fictitious debt. The banksters deliberately overissued investments in our property here and around the globe to cause a huge conflict. This was another spread our wealth around scam by the New World Order cult of evil doers. Remember when Hillary Clinton said we are all “hopelessly intertwined.” Another big lie they want us to believe to sell their globalization scam. Bottom Line …they are all liars and they are all full of shit because these crooks don’t own anything they are selling.

  8. @usedkarguy: I totally agree with you, but I want to know where the chain of command is and who it goes to at the top? What are the judges getting out of this? It can’t just be protection of their pension plan. There has to be more.

  9. No ex post facto laws. The settlement was for what exactly? and where does it say no investigations? The entire “settlement” is a joke because it settled nothing. They handed people pittances for stealing their property and they didn’t even comply with that slap on the wrist.

  10. “…Here is the problem — the government SETTLED with the financial institutions, which means — no more investigation. Borrowers are in a position to fend for themselves in courts, and courts do not grant discovery. They routinely dismiss complaints by borrowers. This is because no court wants to go against the big banks or, rather, they do not want to go against the big law firms. Courts routinely follow each other, and CA set the worst precedent.”

  11. That’s why the servicer told me he didn’t have to show me anything I asked for because of “privacy laws”.
    Should be called “cover-up” laws.

  12. louise, that is the point exactly. You have a right to an evidentiary hearing and discovery. Judges do their best to stop the proceeding and limit the record. They’re in on this from the beginning.

  13. That is precisely what they want us to believe Louise. I for one am not buying it. They are in most cases using what we don’t know against us. Hells Bells are ringing and too many are not bothering to put up a fight. That’s the problem. If more people were fighting for their property, they would back off. They are testing us to see what we will allow. They figured we were too broke & stupid to put up a fight. They thought we would go along with their communist program and they would steal it all from us without ever firing a shot. Well they certainly have not fooled everyone. The minute they came for our guns, they knew that was where the line is drawn. This is war and it is both a foreign and domestic war. This war on us became an open war on 9/11 under the guise of a war on terror. That is what many fail to see or don’t want to see.

    J.F.K warned us in his Secret Societies speech about this war on us that would be undeclared by an unseen enemy. These communists have been working secretly for decades to overthrow our Constitutional Republic and are no longer hidden but right in front of our faces staring us down and sizing us up. This is no time to be a defeatist or a coward if you hold your freedom & liberty dear.


  15. This is the evil endgame plan of the Synagogue of Satan. They have scripted the entire scam to force the outcome they want….totalitarianaism…..They always provide the communist solutions to the crises they create. This was a one hundred year plan that began in 1914 with WW I… These evil doers now have all of their puppets and control freaks in positions of power. They have usurped all of the laws of this land. No one should be cooperating because nothing they do is legal. They are imposters to our Constitutional Republic.

    FOX biz talking about the Eric Holder sham at the Justice Dept.

    All roads lead to the Treasury Department. These crooks have us hijacked because they have hijacked our Treasury Department.

    The lying media and even the so called alternative media have not said a word about the coup de tat of our Treasury Department by these imposters.

    I heard one person in the media say they communized credit but not how they did it.

    Obama and those crooks in the Senate and Congress nationalized our Treasury Department to these felons at the World Bank who never lent us a dime.

    They all need to be hung.

  16. How right you are. I am a pro se litigant as well and have been for over 5 years. I want to know who gave the word that no discovery was ever to be gotten from the servicers/banksters, etc. Where did that come from–is Eric Holder? Maybe it is from the Federal Reserve or, even worse, from the international banking cartel itself. If you think you still have Constitutional rights, look again!

  17. Do these Wall Street moron idiots they interview on the financial channels really believe their own b.s.? They all really need to shut the hell up.

  18. That’s what they are saying $1.1 trillion in bankster fraud from one of their criminal enterprises. Well, the banksters & their criminal friends around the globe have already stolen $60.4 trillion dollars from us since 2008 reported CNBC. Total value of all U.S. property that we funded before their bubble burst …. $12 trillion.

    Therefore, this is simply an all out robbery by the banksters and all roads lead to the hijacked U.S. TREASURY DEPARTMENT. We have been shown no proof this debt even exists. There have been no audits of the Treasury Department, because these crooks don’t want us to know how much of our wealth the banksters have stolen from us. CNBC said the FED owes us gazillions…..We the people funded the entire bankster scam since its inception in many ways. Taxation, social safety nets & credit lending/investing in their scams were their most deceptive weapons of financial mass destruction.

    Their monopoly money they print out of thin air is meant to do nothing but oppress us. We have wanton felons printing as much money for themselves as they want and they just keep handing us their bills. How much worse can it get with felons running the country….? Alot worse.

    Their real evil endgame plan has already been passed into law….OBAMACARE …They want to completely digitize all of their fraud and microchip us to all of their fraud with OBAMACARE. They want global slavery of the people….a goddamned global serfdom. They want to spy on us 24/7 so they can control everything we do. We are the last vestage of hope here in America. It is time to stop cooperating with these felons and make them show proof of purchase and what they are doing is legal. They won’t because they can’t because nothing they do is legal and they don’t pay for anything. They are con artists. Time to hold them all to account and that fraud AKA OBAMACARE needs to be abolished ASAP.

  19. @neil – it seems to this pro se that as long as state judges deny access to business records of the GSEs and banksters, even separate actions for damages will fail.

  20. The entire FEDERAL RESERVE/CENTRAL BANKING SYSTEM is a big sham that was devised to rob and control us. There is nothing anyone can say that can make sense of the nonsense that has been going on in America for decades. We have all been taken to the cleaners by these very deceptive crooks and that’s that. For a very good analogy of the crime go here….

  21. Simply is that a lot of these loan are placed into MBS with blank Notes, as we know all $1.1 trillion in Ginnie Mae pooled loans are done this way, so you got 800,000 cases of known illegal foreclosures right there from 2009-2010.

    Just as the judge for the Note because the answer to your request is a Blank Note because its got to be blank or its a forgery of a bank note if its got an entry in the blank endorsement, as we know the that Ginnie Mae must have the note, and actual forever because they cannot conduct business with the document that actual no longer a Note because it contain no debt.

    Once you understand that a Note is only a Note because there is a debt due, and if there is no debt due there is no Note! If your trying to collect but you have no Note, your out of luck!

  22. It looks to me like all the commie crapola is beginning to have a serious meltdown-gate.

  23. @Ian & Deb

    I found this on the IRS website (so if the servicer is listed as the lender on the 1099A…hmm…):

    Form 1099-A, Acquisition or Abandonment of Secured Property

    File Form 1099-A, Acquisition or Abandonment of Secured Property, for each borrower if you lend money in connection with your trade or business and, in full or partial satisfaction of the debt, you acquire an interest in property that is security for the debt, or you have reason to know that the property has been abandoned. You need not be in the business of lending money to be subject to this reporting requirement.

    If you are required to file Form 1099-A, you must provide a statement to the borrower. Furnish a copy of Form 1099-A or an acceptable substitute statement to each borrower.

  24. No one tells me who I am….you however, are a commie crackpot christine. You and your counterparts think you are God and you hold all of the cards but you may be in for a big surprise. When you start playing God and taking away the free will from the people you are asking for God’s vengeance. That’s what I see coming your way.

  25. Poor, poor delusional imbecile. It’s happening right under her nose and she still denies it. Pity the poor schlemiel and her navel-of-the-earth peers…

    Just a few months left… Not much longer. Either America comes clean or China does first and it’s game over. And I shall be watching every step of the way.

  26. I don’t care what xu says christine. You are out of your skull if you think that crap is ever going to fly here in America.

  27. I can rest my case every single day a little more… America nowhere to be seen in those agreements. Not part of the equation, once again. Recurrent theme for the past 3 years…

    Home → World Economy → China and Switzerland Sign MOU for First-Ever China-Western FTA

    By Xinhua News – May 25, 2013

    BEIJING, May 25 (Xinhua) — China and Switzerland on Friday announced the completion of talks concerning a new free trade agreement (FTA), the first to be signed between Beijing and continental Europe.

    A memorandum of understanding was signed during a meeting between visiting Premier Li Keqiang and Swiss President Ueli Maurer. The two sides also announced the establishment of a financial dialogue mechanism. However, they did not reveal when the FTA will be finally signed and put into place.

    Xu Tiebing, an associate professor of international studies at the Communication University of China, said in a Friday report by the Beijing News that the FTA will benefit both sides.

    Swiss financial businesses, including banks, will enjoy more advantages in obtaining permission to enter China, while China will be able to enter European markets more effectively by building corporate branches or joint ventures, Xu said.

  28. 1879 Baruch Levy Letter to Karl Marx…

  29. 😀

  30. That’s because they are communists UKG….Nothing they do is legal.

    I have no idea who Susan Batista is or who she is referring to regarding someone losing their mind or if someone got to somebody?

    As for christines daily communist manifesto …. blah …blah…blah.

  31. “…MERS® System, and is a nominee (or agent) for the owner of the promissory note.”

    Really? What promissory note would that be? The fake one that was never transferred to a trust?

  32. OOOOOO….the “all powerful” MERS…what a crock.

  33. Another one bites the dust……

    Federal Circuit Court Panel Rejects “Show Me the Note” Theory

    Reston, Virginia – May 29, 2013 – (RealEstateRama) — MERSCORP Holdings, Inc. today announced that a three-judge panel of the United States Court of Appeals for the Fifth Circuit ruled in favor of BAC Home Loans Servicing, LP. (BAC) and Fannie Mae, affirming a lower court’s decision dismissing claims of wrongful foreclosure. The Fifth Circuit Court is a federal court with appellate jurisdiction over the district courts of Louisiana, Mississippi and Texas.

    In Martins v. BAC Home Loans Servicing, LP, Judges Jerry E. Smith, Edward C. Prado and Priscilla R. Owen dismissed the plaintiff’s “show-me-the-note” theory alleging that the defendant lacked standing to foreclose because the assignment of the mortgage by MERS to BAC separated the note from the deed of trust, rendering the mortgage unenforceable and invalid.

    “Numerous district courts have addressed this question, and each one to analyze Texas law has concluded that Texas recognizes assignment of mortgages through MERS and its equivalents as valid and enforceable,” Judge Smith wrote on behalf of the panel. The Court further held that Texas differentiates between enforcement of a note and foreclosure, with the latter enforcing a deed of trust, and can be accomplished without judicial supervision. Importantly, the Court noted that “the mortgage was assigned by MERS, which had been given such power, including the power to foreclose, by the deed of trust.”

    “The Court of Appeals’ affirmation of the lower court’s decision is consistent with countless other decisions rejecting the ‘show-me-the-note’ theory and validating MERS’ authority to assign mortgages,” MERSCORP Holdings Director for Corporate Communications said.

    For description of cases and other materials pertaining to MERS’ business model and role in U.S. housing, please visit


    MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS® System and all other MERS® products. It is a member-based organization made up of thousands of lenders, servicers, sub-servicers, investors and government institutions. Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS® System, and is a nominee (or agent) for the owner of the promissory note. The MERS® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.

    Jason Lobo
    Phone: 703.652.1660

  34. Susan,

    Can’t resist… She can’t lose what she never had in the first place. Poster child for abortion rights.

  35. Unless it comes clean very fast about banks abuses, 70 years of truth embargo and the systematic ripping off of its inhabitants, America the moribund will end exactly like Great Britain: isolated, distrusted worldwide, and with an outdated and costly military apparatus and nothing left to contribute to the world. GB never got back on its feet. Nor did Greece or Rome before them.

    When that happens, the rich ones will flee with whatever money they were able to stash away in all impunity and the rest of this once-great country will be left with millions of destitute, formerly middle-class citizens and millions of non English-speaking, poor, uneducated refugees it has been bringing in for decades under the Geneva Convention. (Didn’t Bachmann file for Swiss citizenship? What do you think will happen to all the others?) Look up refugees numbers in Atlanta, Columbus, Minneapolis, Indianapolis, Denver and many other cities nationwide.

    Currently, they come from North, West, East and Central Africa, Myanmar (previously Burma), Nepal, Iraq, South and Central America, Haiti and many countries most of you have never even heard of. Groups of people with no formal education, no common grounds, no employable skills and no concept of laws and what creates civilized societies.

    Note: no one from any BRIC country settles here. No one from Europe settles here. America has become attractive only for its land and boy do Russia, India and China buy it! They don’t buy it to live here though. They buy it to rent it out… to you. Those countries are smart enough to send their kids study here but… they go back home, with all their knowledge in technology. They learn both what to do and, even more so, what NOT to do. And they go back. America is not an attractive country unless one is among the refugees picked up in camps worldwide. Sad commentary.

    This country has one chance to come out on top: stop the truth embargo and start developing asap the reverse technologies stolen with 70 years of black budgets (your taxes). One chance is all it has left.

    So, bitch and moan all you want: sitting before a computer whining all day while doing nothing only makes you part of the problems you are about to experience in a big way. Europe will survive very well: wise enough and smart enough to create solid allies with Russia, India and China without shipping all its jobs abroad. In fact, they all will survive. Without America. They existed long before and they will exist long afterwards.

    The world doesn’t want America’s war machine, food, medicine, fiat money or litigation. The world is cooperating away from American while America is busy… killing in countries it never had any business going in the first place and supporting a country lost fair and square it had no business helping recreate.

    I’m looking at it unraveling. Every single day. Looking at how much the rest of the world population (over 95% of the population on earth, mind you) is investing in Keshe’s, Greer’s and Bassett’s endeavors while still marching by the millions to outlaw Monsanto. That’s Marching. As in: Get off your butt and do something.
    Looking at media blocking out any reporting of that enormous success against Monsanto. Looking at how sick America’s children have become and how morbidly obese their parents are, sitting all day blogging and flaunting their lack of knowledge of the rest of the world, understanding, ambition, instruction and basic skills for all the world to see.

    Worse yet, I’m looking at American people asking, after every mass killing: “Was it domestic? Was it international? Are we being lied to again?”

    Bitter? Me? No. America still has a chance. It can choose to take it or not. Disappointed? Definitely. I and… millions of people born here, bred here, educated here and taught so many lies.

    Time to go down and list sponsors of media news so that I, once again, can tell them why I no longer will buy their stuff. Foreclosures were the biggest distraction concocted to stop people from… doing. And, obviously, it works.

  36. Right on carie. I’m all for the guillotines, and the threat thereof. Lop off a few noggins from abettors and see how quickly the line forms for borrower’s aid.

    Those inside the Beltway and the Street need to be shown the affects of their actions. If they profit at the expense of their voting public or those that they owe a duty, they should be dispensed with. Simple as that. Don’t do what the people need? GONE!

    Do what serves the populace? Great, see you next voting date. Screw the rest.



    I am certain there is zero coincidence that Judge Moshe Jacobius, the head judge of the Cook County Chancery Division did a long stint in the Attorney Generals Office. Are you freaking kidding me?


    “…The corruption of the executive and legislative branches in Washington, DC by the big banks has resulted in weak foreclosure and housing policies that have shifted wealth to the wealthiest while destroying the already limited wealth of working families. These policies would have been very different if the government had put people’s needs before corporate profits…”

    But they never will…so…Rev 2.0? Guillotine?


  41. Cook County judicial news….. take a wiff…it sure smells like a tyranny.

  42. That’s because Bob G. wants to be Alice.


  44. Oh, by the way, Neil—@Bob G. thinks all this stuff about suing for damages after the fact is “Alice in Wonderland” stuff.


  46. “…If presented skillfully, the judge may react warmly to the opportunity of getting another case off of their docket.”

    Good one.
    Like that judge told lawyer Mark Stopa; “My job is to move cases.”

    I sent a ton of information to the Independent Foreclosure Review for OneWest Bank, and calculated that my damages exceeded $350,000…wouldn’t you like a piece of that, Neil?

  47. Neil says:

    “When I was first interviewing law professors and judges back in 2007 and 2008 the unanimous opinion was that it would be very difficult to stop the foreclosures from proceeding but very easy to win an action after the foreclosure seeking monetary damages.
    …In my opinion there is big money in these lawsuits for damages and lawyers are encouraged to do the research and analysis. My firm is taking these cases on contingency where the right elements are present. So far everyone who has done their own research and analysis has arrived at the same conclusion expressed in this article…

    …The action for damages should of course be accompanied by a demand for jury trial…”

    I would just like to ask you, Neil—what took you so long? You had that unanimous opinion 5 years ago and yet no one has gone to trial about this? I would LOVE to go to trial on this—I think the judge would be amazed at what I have.

    Does anyone have an email for Neil? The one I tried got no response.

  48. Nobody is going to get anywhere if the judges do not allow us to obtain discovery from the other side. They actually do not have a case, and it can be proved with the discovery. They all know it, and that is why there is no discovery and our due process rights are thrown under the bus.

  49. One of the attorney’s in one of my cases for the fraudclosing bank was also an Assistant to the State AG…..! dot….dot…….

  50. Lots of connections to the Treasury Department….!

  51. Allow me to repost that link I may have erred….JUDGE MOSHE JACOBIUS….was an ASSISTANT ATTORNEY GENERAL FOR 17 YEARS…..!

  52. 404…..not found……GOOGLE IT….

  53. I have been wondering who the head judge in Cook County is that is presiding over these judges granting these fraudclosures….It is Judge Moshe Jacobious. He has been presiding judge over the Cook County Chancery Division Judges since 2010…….read about his credentials here…..



  56. Paul Volker was dragged out of the catacombs to say “THE IMPACT OF QE PROGRAMS (THIS ROBBERY) IS LIMITED & DIMINISHED OVER TIME”…..

  57. They are communists … that is why nothing they do is legal.


  59. They say none of that applies to them. They say don’t have to prove/verify anything because they are special.

    I have been completely floored in awe at the straight goon mentality of these foreclosure firms.

    As an owner of a small mortgage business in Kansas City, it was normal for the typical gorilla’s-in-suits to sit in front of my desk all day.

    Obviously something was terribly wrong when thieving simpletons you would never trust to mow your grass are flying around in their own jets.

    Nobody’s wildest assessment figured all this. We knew it could get bad, but not like this.

    Apparently, Barofsky was promised a cushy office job (working with vile morons he despised, what fun) – as long he stopped asking what fire the retards threw the TARP money into ???


    I know the obvious gets redundant, but these hated-geeks just never had the salt to haul the water on a deal.

    They never did attract investment. They could never keep it together with investors + customers but ‘maan they can damn sure blatantly rob/assault/ruin everything to DEATH.

    What a bizarre heartbreaker this whole deal has been.

    And here’s the kicker: It could be easily fixed. This ain’t rocket science. A viable credit market could storm back to life like Godzilla stuck in the eye with a fork – TODAY.

    Damn. Oh just forget about finance and house’s, because they say so!

    Evidently they just may be out-of-this-world ‘tard enough to think they can do all this crap … and nothing bad will happen (?)

    We’ll see.

    Make it a Great Day.

  60. Oooops….! They seemed to have lost that page! You can Google it. The article is entitled….PROGRAM OFFERS A LIFELINE TO STRUGGLING HOMEOWNERS…..

  61. “It’s “National”…..”It’s a tsunami”…..says one Cook County Judge then he used the foreclosure courts “favored analogy”……….”I have even had to foreclose on a law school classmate.” he said.

    Really…? Sounds more like totalitarianism and smells like bullshit.

    Read about it here…..

  62. Simple. If everyone would just stop paying. We would be done with this in 2 weeks. I know I have done my part.

  63. All of these entities are the FEDERAL RESERVE BANK and the Treasury Dept. Are hiding behind the scenes. The effing cowards. If they don’t have the Legal Assignment, and you don’t have the Original note & mortgage stamped paid from the Treasury, they have been committing bank fraud with our Securities since the Origination and had no authority to collect any payments from us.

    I would demand no less than clear title, monetary damages in the amount of 3x the face value of the note for economic damages, pain and suffering, financial losses suffered, non-economic damages, and punitive damages for egregious behavior by Plaintiff(s).

  64. Neil;

    How can a servicer, guided by the PSA, without a verifiable trust, collect for something that does not exist?

    Then we have debt collectors-servicers? What?…which are you?

    They are not all the same…one collects for investors and the other, may have bought the debt, for pennies on the dollar or if they are servicing, which I suspect is wrong, what are the damages? Just the missed payments they would have to remit to the investors..tell me where I’m wrong here.

    Cause I have parties that are claiming to be both and the original paperwork says they are the lender too…OKAY? Wouldn’t in a court of law, one have to prove which they are and provide proof of loses? I have to in any other type of case. Why should this be different?

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