Controversial host and world renown financial expert, attorney and blogger Neil Garfield provides a wake up call to people everywhere about the foreclosure crisis and related bank scams.
Getting to the Truth: There is no loan account in Zombie Mortgages
Today on the Neil Garfield Show Charles Marshall addresses some recent developments in loan workout and securitization practice, with a reference also to Neil's Blog post of March 3 in which he breaks down how in a recent deposition the Bank's Zombie Mortgage was exposed as a fraud.
Also discussing latest Covid-19 updates and how those relate to the continuing press on foreclosures and evictions.
How Do I Use This Information to Survive Foreclosure?
There is a huge difference between knowing something and doing something. Everyone knows or at least suspects that the current wave of foreclosures since the year 2000 has been some sort of scam. Only experienced trial lawyers have been successful, most of the time, in turning back efforts to foreclose. Even some pro se homeowners have been successful. But most homeowners either do nothing and default and most of the rest put up a smokescreen that the foreclosure mills steamroll in court.
For 16 years I have been sounding the alarm about these illegal foreclosures. I have described the specifics of the greatest economic crime in human history. Now it's time to get all homeowners to do something. It's time to stop the threat of foreclosures and get down to the business of awarding all the players the fruit of the extra-legal claims of securitization of residential debt.
And for 16 years homeowner and their lawyers have largely missed the opportunities to retain the biggest investment in the lives of anyone who ever purchased a home.
So here are the first two rules I will discuss tonight, along with others, on how to use the information you have about the insufficiency of the case against the homeowner in what is styled as a foreclosure but in reality, is a grab for profit.
First, don't try to prove any fact. Don't allege it because then you will be inviting the burden of proving it. It doesn't matter whether your opposition is evil.
Second, Do contest the allegations, exhibits, assumptions, and presumptions. Do this with the knowledge that wherever MERS or REMIC trust is asserted or implied to be involved, they have no objective evidence to support their claims to the existence of the debt, the ownership or authority to administer, collect or enforce.
LSF9 Master Participation Trust Revisited with Strategies Supporting Homeowners
Bill Paatalo breaks down latest take on the lack of standing US Bank and those associated with US Bank have to prosecute in judicial foreclosures lawsuits against homeowners based on LSF9 Master Participation Trusts.
Then Charles Marshall breaks down latest strategies (all Covid-19 impacted) to lawfully and legally delay foreclosures and evictons, particularly in non-judicial foreclosure states, though many of these strategies apply to judicial foreclosure states as well.
The Name Game: How Wall Street Brokers Fool the Courts and Everyone Else
It is often true that the best challenge is after a foreclosure is complete. I know that sounds crazy. But tonight we will discuss tactics and strategies in foreclosure defense in which we can hang the evil-doers by their own paperwork. It’s true that eventually, the truth comes out — or at least part of it. When the “credit bid” is moved around and the deed from foreclosure is granted, the party involved is often not the named party who sued you or on whose behalf the Notice of Default was sent.
Here is some of the wording that we will look at and analyze:
This Deed is made by Paul M. Halliday, Jr., as Successor Trustee and a member of the Utah State Bar, under the Trust Deed described below, in favor of U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee, for LXS 2007-8H, ASSET-BACKED NOTES, SERIES 2007-SH, P.O. Box 619080, Dallas, TX 75261-9741, as Grantee.
WHEREAS, on XXXXXXX, 2007, ZZZZZZZZZZZZZ,, as Trustors, executed and delivered to Meridian Title, as Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc. as nominee for Varent Inc., a Utah Corporation, its successors and assigns, as Beneficiary, a certain Trust Deed to secure the performance by the Trustors of obligations under a Promissory Note of the same date executed and delivered for a valid consideration to the Beneficiary and the Trust Deed having been recorded in the office of the Utah County Recorder on XXXXX, 2007, as of Entry No. XXXXXXX:2007, describing the property set forth below; and
WHEREAS, Paul M. Halliday, Jr., was duly appointed by the Beneficiary as Successor Trustee by a Substitution of Trustee recorded in the Office of the County Recorder of Utah County, State of Utah, on XXXXXXX, 2015, as Entry No. XXXXXXXX:2015;
Hiding the names of securitized trusts...by Chase Bank...Latest Covid Updates
Today on the Show Bill Paatalo will break down latest strategies by Chase Bank to manipulate the legal process through name-selection shenanigans. Charles Marshall will break down latest on Covid, as well as provide a preview of an upcoming seminar to be presented by the newly formed trio of LendingEyes, consisting of Neil Garfield, Charles Marshall, and Bill Paatalo. The coming seminar will focus on topics critical to both homeowners in foreclosure and attorneys who help them with their either judicial or non-judicial litigation needs. A subset of the seminar will also incorporate content specifically for small landlords, many of whom have been greatly impacted by the Covid-19 foreclosure and eviction moratoriums, and are themselves now in foreclosure with securitized zombie loans they can't pay.