Fairy Tale Mortgages, Notes and Foreclosures Tonight on the Neil Garfield Show

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Tonight our guests include Charles Marshall, Dan Edstrom and Jim Macklin. We will take note of an increasing number of Judges who have gone far beyond skeptical over the claims of the banks and servicers, starting with the origination of the loan and ending with the lax compliance with civil procedure in a matter that is the civil equivalent of the death penalty. Loss of the house is seen as a draconian remedy and Judges are clearly tired of hearing excuses from the banks why they can’t get their facts and documents straight. These judges, ever increasing in number, have become hostile to the attorneys for banks and servicers and at best doubtful over the grating of loans with terms that are clear from the face can never be paid. 
We will look at Yvanova again and dig deeper. We will look at the Justice Rubin dissent that spells out the truth — that a new industry has been born in California and other states. People who don’t know one thing about the transaction can dig up information on a debt, send a notice to the debtor, sue the debtor and now under precedent particularly strong in California  the debtor cannot challenge the thief who gets the judgment collects the money and then leaves tend debtor and the real creditor to fight it out or leaves the real creditor left dangling in the wind, left only to sue a fly by night entity whose sole purpose was to divert legal debts from the legal creditor to themselves. Yvanova and other cases are starting to address this, but it is too late. The industry of steal the debt and enforce it has already begun. 

9 Responses

  1. In such a case….somebody owes KC alot of money.
    As KC was legally advised……

    Plaintiff as one half of the Estate, the Plaintiffs Note…..

    How much does KC owe?
    Nobody knows anything….. affidavits lack of knowledge

  2. susanspeaksout,

    Your post is True and fact.

    The alleged borrower defending their right to property from unlawful seizure; is the one that is the definition of the creditor.

    The question is, do they have what it takes to present in a court business the papers they claim to have purchased in good faith, and ‘hold’ in due course, claiming they are the creditor in the transaction; with original documents?

    The Biggest Scam In The History Of Mankind – Who Owns The Federal Reserve? Hidden Secrets of Money 4

    All over the world, over 4 million and counting, are learning they are the real creditor in all bank transactions.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, People, In Jure Proprio, Jure Divino

  3. The real creditor is actually the alleged borrower.

  4. Word tense is important.
    It signifies present and future.
    It is good to make note of when you see past tense in the codes, rules, statutes, provisions, regulations, judgments, type of writings,

    The past has happened, as if it’s already judged in a weird legal sense of the tense, but the present tense is the ever present, now, and the always soon to come future.

    So much so that aforementioned in my prior post indicated
    mentioned before : spoken about or named earlier
    according to merriam-webster.com – ie it clearly states something that is already in the past, already judged to have happened.

    Get some of the court rulings and see if they are judging past deeds or the present, and see how they carefully word their rulings/opinions.

    It may be an eye opener.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, People, In Jure Proprio, Jure Divino

  5. Something to ponder for a good question:

    According to 15 U.S. Code Subchapter IV – EQUAL CREDIT OPPORTUNITY and within the definitions:
    15 U.S. Code § 1691a – Definitions; rules of construction
    (e) The term “creditor” means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit.

    Is the Plaintiff by the aforementioned definition the creditor and for the benefit of this inquiry, and as this case is about the contract that extends, renews, or continues credit, may I at this time, view the original accounting level documents, with the original contract, the creditor claims to hold as the original creditor or assignee?

    Considering the fact that anyone that has ever seen a Judge Judy court case, would know the Plaintiff claiming someone owed them money for babysitting, or rent, or some other long term agreement, her words are ‘show me’. At which point, when the one who affirms they are in contract, states they forgot it or don’t have it, she gives the opposing side a chance to speak and if they deny, the judgment is for the opposing side, as the one bringing the claim did not bring the proof of the claim.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, People, In Jure Proprio, Jure Divino

  6. Al,

    is a so called copy of the note, just as real as a copy of a check? banks will not take a copy of my check. so how could any court take a copy of my note. right.

    because if the court is taking copys of notes as real , then i have a copy of my note and it is sign over to me. so judge what are you going to do about that . right. and how about the dozens of my copied note out there in no man land. right judge. there might be hundres of my copied note out there. hum .


  8. Great Question David….I hope he answers…I am going to write down the best I know and see how right I might be. The questions may differ from rescission to the alleged trust or some people have both for possible defense. And possible assignments that were either late/fraudulent. My assignments were done 9 years past the closing date of the trust.

  9. neil and all who are here,.

    what would be the best ten questions to ask a court to answer. and i mean the best , only. and questions should be of our laws. and why the court is not following the laws.

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