Ring out the Old, Ring in the New- Happy New Year LivingLies Readers!

Dear Living Lies Readers,

Over the last decade Neil Garfield has dedicated his life to revealing, layer by layer, the greatest financial fraud ever perpetrated on the American public.  The path to truth has not been linear as new revelations have come to light, but Neil Garfield’s original premise has remained consistent: the courts permit the banks to foreclose on homes with fabricated and forged documents. Instead of punishing the perpetrators, the courts punish the victims.

Our goal this year at LivingLies and LendingLies is to provide new litigation tools and strategies to empower homeowners and their attorneys to fight back.

Our hope is that every reader will have the tools, knowledge and resources to defend against wrongful foreclosure  perpetrated by a servicing interloper.  Please look for a yet-to-be-named new column (suggested names include: “Grill Neil”, “Neil at the Alter”, or simply “Ask the Foreclosure Guru”).  Each week Neil Garfield will answer one reader’s brief foreclosure question.  Questions can be emailed to: info@lendinglies.com  Look for this new feature starting next week!

Neil Garfield and the LendingLies staff wish you a new year of health, hope, prosperity and happiness!

17 Responses

  1. Cement Boots,
    Thank you for your input! I read both subrogation articles posted at US legal, and didn’t see any of the rights of subrogation mentioned that would apply to a voluntary payment of the mortgage debt of another by a party that purchased the mortgage for an investment. However, that would not preclude the new alleged creditor from claiming the right of subrogation in the event the creditor’s title was challenged.
    I am seriously considering filing a quiet title action to get a lien removed that was put in place on the behest of the trustee of one of these securitized mortgage pools. Many of the pooling and servicing agreements that were created to govern these trusts indicate that the loans changed hands two to four times from the time the Lender unloaded the mortgage to when the mortgage pool trust allegedly took ownership of the Note and mortgage of deed. In the case of this deed i may contest, this deed changed hands twice in order to land into the pool with the other mortgages. So, it would be hard for the trustee of this mortgage pool to claim the right of subrogation in a case such as this.
    Paul

  2. Paul Eggli

    consider “subrogation in mortgages”

    read full article here – https://subrogation.uslegal.com/subrogation-in-mortgages/

    in part –
    When a subsequent mortgagee substitutes a prior mortgage by a subsequent mortgage, courts apply equitable subrogation only after determining the following factors:

    the subrogee made payment to protect his/her own interest,
    the subrogee did not act as volunteer,
    the subrogee was not primarily liable for the debt paid,
    the subrogee paid off the entire encumbrance, and
    subrogation would not work any injustice to the rights of a junior mortgage holder.

  3. Paul Eggli-
    A well -presented and well-reasoned case for fraudulent conveyances.
    As I’ve said all along, “nemo dat”, or “one cannot give that which one does not have”.
    Great piece!

  4. To All you all,
    I believe that you are all missing the main point when it comes to mortgages that have been sold which were secured by uniform Deeds of Trust or Mortgage instruments. Have you read one of these instruments? Do you know what borrowers create when they execute one of these documents? They create a TRUST. A TRUST!!!
    Why doesn’t anyone treat the relationship between the borrower- who is the Trustor / Settlor of the Trust, the Lender- the LENDER named in the instrument, and the Trustee as a TRUST relationship??? Hasn’t anyone read in these Deeds of Trust/ mortgage documents that the Security Instrument secures to LENDER the borrower’s obligation to LENDER- and not to anyone else? And hasn’t anyone read in the document that upon payment of all sums secured by the Security Instrument that LENDER shall request the Trustee to reconvey the property to the one entitled to it- i.e. release their lien? Does it state that it must be the borrower who makes payment in order for the Lender to have the lien released? No!
    Hasn’t anyone figured out that after LENDER is not owed any more money on account of selling all of it’s interest in the loan to a third party, that all of the borrower’s obligation to LENDER was discharged, and the Security Instrument that protected the interest of LENDER became null and void? Hasn’t anyone figured out that these trusts terminate and come to an end? (California probate code section 15407 specifies when trusts terminate. Look it up- it is universally applicable).
    Hasn’t anyone figured out that the borrower only contractually obligated him self to the LENDER to perform what he had promised to do in the Note and Deed- but not for the benefit of another?
    And top of that, LENDER agreed to surrender the Note upon receiving payment of all sums secured by the Security Instrument! That agreement superseeds any other provision of law that would otherwise allow a creditor to transfer a promissory note to the buyer upon sale of the loan.
    How is it that if the borrower stops making payments to the third party supposed creditor, that this third party- who did NOT become LENDER upon purchasing the loan or upon an assignment of the Deed or Mortgage- how can this third party claim that the borrower breached the deed of trust or mortgage by failing to make payments to LENDER? This third party is not the LENDER under the Note or the Deed/ mortgage!!! The borrower had no more obligation to LENDER, the trust had terminated, and the security instrument became void! The assignment of the Deed or Mortgage was a fraudulent conveyance that conveyed no right, title, or interest to the buyer in or to the Deed or Mortgage- since the Deed or Mortgage became null and void. The assignment only perpetuated the lie that the security instrument was still in full force and effect when it was not!
    So, why don’t we wake up and make these supposed creditors prove that the trust is still valid, the security instrument is still valid, and that they are really the LENDER that the security instrument secures payment to??? Make them prove that any instrument we signed made us liable to do for a third party that which we had promised to do for another! They won’t have a leg to stand on! We need to argue TRUST law, and CONTRACT law, and let most of the other extraneous arguments go!
    Paul Eggli
    peggli@cox.net

  5. Kudos to Mr. Garfield. Over the years he has posted invaluable information. I have used much of that information to fight a 5-year, and still going, battle with Deutsche Bank. Thank you for taking the side of the people and giving us some weapons to fight these financial giants.

  6. Cheer to Mr Garfield hope live prosporios life

  7. Follow the adage… KISS..”Grill the Guru”…”Grappling with Goniff’s”.
    We’re with you, Neil.

  8. Cheers to Mr. Garfield!
    May He Live Long And Prosper!

  9. Happy new 2018 year!

  10. Thank you Chip and Jennifer! Congratulations and let us know if we can help! Happy New Year 2018! The LendingLies Team

  11. Thanks Neil and all your team.

    Personally: like most, I’ve been fighting Chase/Wamu since January 2010, I survived five years in Chptr 13, found livinglies in 2016 and have used strategies to get us through Demurrer.. with leave to amend! Hopefully that we get through this round in the next month or so. We have a bias judge, eye role.. the biggest take away from all the strategies I’ve learned, the one I keep going back too, is: Never give up! For that, our Family is forever thankful!

    Happy New Years
    Chip and Jennifer
    Bay Area, California

  12. Thank you Vigilant! Happy New Year to all from the Lending Lies Team!

  13. Thank you for all of your insightful commentary the past year Usedkarguy! Happy New Year- and we hope so also!
    The Lending Lies Team

  14. Happy New Year to Mr. Garfield and the LL team.
    Thank you for your hard work.

  15. Frankly, I hope this is the last New Years Eve I spend checking the site….
    Happy New Year Everybody!

  16. Thank You Mr. Garfield for your work, sharing the knowledge and helping homeowners. Happy New Year.

  17. Same to you. I hope all warriors write tomorrow !

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