Judge Schack Hammers HSBC for False Paperwork

Judge Schack Hammers HSBC for False Paperwork

By Daniel Edstrom
DTC Systems, Inc.

Here are Neil Garfield’s comments regarding this case from LivingLies (http://livinglies.wordpress.com/2011/12/30/schack-bangs-hsbc-for-false-paperwork/):

Posted on December 30, 2011 by Neil Garfield

EDITOR’S NOTE: Plausible deniability went out the window as HSBC tried to get out of the consequences for submitting false, fabricated papers to the court in support of a fraudulent foreclosure. They tried to say they didn’t know. Schack didn’t buy it and slapped them with a $10,000 fine.

But the real story is yet to be told. We are getting closer to the real question, yet the inquiry into WHY false papers are being submitted on such a widespread basis has not occurred. This is the industry that practically invented dotted i’s and crossed t’s. They processed tens of millions of mortgages just the way they wanted them without error. Now they are claiming that they messed up the paperwork because of the same volume that they processed without a problem. And they are layering the responsibility by outsourcing the fabrication, forgery and fraud. Continue reading “Judge Schack Hammers HSBC for False Paperwork”

Legal Standing At Inception

Legal Standing At Inception

By Daniel Edstrom
DTC Systems, Inc.

No I am not an attorney and no I am not providing legal advice. This is the name of an article I just read posted on Neil Garfield’s LivingLies blog. The article is from Mark Stopa, an attorney in Florida. Read this article first and then come back and read my comments below: http://livinglies.wordpress.com/2011/12/19/legal-standing-at-inception/

When I saw the title, I thought awesome, they will go back to the origination of the loan. But they went back to the time the judicial foreclosure case was filed. This is a good argument and it should be fairly straight forward, or at least as straight forward as anything can be in a legal proceeding. What I was looking for was what I heard this last week from somebody. They went to bankruptcy court and told the judge that they had evidence that their loan was table funded, which means the named lender did not provide the money to fund the loan. The money to fund the loan came from an unknown and undisclosed third party. The bankruptcy judge made a simple statement. The judge said that if the named originator did not fund the loan, then they have nothing to transfer, and the movant in the motion for relief from stay (the bank) would therefore have nothing. This judge understands that the note is only evidence of the obligation, it is not the actual obligation. Transfer of the note or the security instrument (Mortgage, Deed of Trust, Security Deed or Mortgage Deed) without an interest in the obligation itself, is meaningless. That is the type of standing issue that I would like to see attorneys make in all states.

Is this why under Regulation “Z” table funded loans have the presumption of being predatory?

LivingLies Post: FLORIDA SUPREME COURT RIPS UP BANKS’ PLAYBOOK

LivingLies Post: FLORIDA SUPREME COURT RIPS UP BANKS’ PLAYBOOK

By Daniel Edstrom
DTC Systems, Inc.

After reading this article by Neil F. Garfield, Esq. (http://livinglies.wordpress.com/2011/12/09/florida-supreme-court-rips-up-banks-playbook/), I have an open question for lawyers and judges that I am pondering. How can any “final” adjudication be final if the title to a property has not been fixed? If title to a property is left in an inconsistent state, how can res judicata, a judgment or any other type of ruling be “final”? If title to a property is left with, for example, a wild deed, a forgery or some other defect (or as seems to be typical – defects) rendering title unmarketable, would it not take a ruling by a judge to correct these issues? If a UD judgment is “final” and a homeowner is evicted, and title is left defective (again, by way of example with a wild deed, forgery or some other similar type of defect), how do you get title cleared?

LAWYERS WORKSHOP IN FORECLOSURE OFFENSE AND DEFENSE – HONOLULU, HAWAII ON OCTOBER 14, 2011 – EVENT CANCELLED

LAWYERS WORKSHOP IN FORECLOSURE OFFENSE AND DEFENSE – HONOLULU, HAWAII ON OCTOBER 14, 2011

CANCELLED

Lawyers CLE Workshop On Foreclosure Defense and Offense in Ft. Lauderdale, FL

Lawyers CLE Workshop On Foreclosure Defense and Offense in Ft. Lauderdale, FL

By Daniel Edstrom
DTC Systems, Inc.

LAWYERS CLE WORKSHOP ON FORECLOSURE DEFENSE AND OFFENSE

SEE LIVINGLIES BLOG FOR DETAILS ON THIS EXCITING REVISION AND IN-DEPTH UPDATE OF GARFIELD CONTINUUM

EARLY BIRD ($995) FOR AN ATTENDANCE PASS TO THE GARFIELD CONTINUUM CLE SEMINAR, 2 DAYS, CLE CREDITS VARY FROM STATE TO STATE, ESTIMATED AT 16 TOTAL CREDITS, 2.5 CREDITS ETHICS.

The PRESENTERS are Neil F Garfield, Esq., Jon Lindeman, Esq., Alex Goldovsky, Dan Edstrom, Lori Enriquez, James Macklin, and Beth Findsen, Esq..

Conference Pass – for Attorneys, includes lunch and seminar materials in digital format .
JUNE 25-26 – in FORT LAUDERDALE, FLA

Retail $1495, EARLY BIRD $995 UNTIL JUNE 15, RESERVE SEATING NOW, SPACE LIMITED

Membership $1395, EARLY BIRD $895 UNTIL JUNE 15, RESERVE SEATING NOW, SPACE LIMITED, Go to livinglies.wordpress.com for membership pricing

Continue reading “Lawyers CLE Workshop On Foreclosure Defense and Offense in Ft. Lauderdale, FL”

LAWYERS CLE WORKSHOP ON FORECLOSURE DEFENSE AND OFFENSE

LAWYERS CLE WORKSHOP ON FORECLOSURE DEFENSE AND OFFENSE

April 30 to May 1, 2011 – in Phoenix, Arizona

Venue is to be determined

Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court on Feb 11, 2011

Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court on Feb 11, 2011

From LivingLies, which posted it from 4ClosureFraud.org …

How is this for some timing.

Last night Fannie Mae announced they are dumping this firm and today we get this…

CENTRAL MORTGAGE COMPANY,
PLAINTIFF,

VS.

EDUARDO GONZALEZ DELREAL
ETAL,
DEFENDANTS,

ORDER TO SHOW CAUSE WHY BEN-EZRA & KATZ SHOULD NOT BE
HELD IN CONTEMPT OF COURT ON FEBRUARY 11, 2011 AT 9:00A.M.

From the order to show cause…

Counsel for the Plaintiff, Ben-Ezra & Katz were properly noticed to appear for hearing on January 21, 2011 and failed to do so. The Court attempted to contact Ben-Ezra & Katz to address this matter during hearing, but was unable to get anyone on the telephone.

In the instant Case, Plaintiff filed an action of foreclosure on Defendant’s property located at 1301 SW 2601 h Terrace, Homestead, FL 33032.

Continue reading “Ben Ezra Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court on Feb 11, 2011”

Daniel Pennell Explains why MERS is Completely out of Control

Daniel Pennell Explains why MERS is Completely out of Control

By Daniel Edstrom
DTC Systems, Inc.

Daniel Pennell has the following qualifications:

PMP
LSSGB
Certified Lean Six Sigma (Process & Quality Control)
Certified Technical Program & Risk Manager
Former investment advisor and insurance broker
16 Years designing and automating & business processes in regulated environments
- Florida State Supreme Court
- Florida 20th & 6th Judicial Circuits
- Chubb Insurance
- Pharmacia
- Other State, Federal and Fortune 500 clients

Mr. Pennell goes on to give a professional analysis of the Frankenstein (MERS) process. Which can only be described as completely out of control. It is of significance to note that the very entities that created and brought forth Frankenstein are governed by the Office of the Comptroller of the Currency. It is just as important to note that Frankenstein is NOT governed by the Office of the Comptroller of the Currency, nor governed by federal, state or county land recordation laws. The OCC requires that national banks have “effective risk management procedures and internal controls to conduct the activities safely and soundly.” It is apparent to everyone except OCC that this is not and has not been the case (i.e. rampant industry standards of notary violations, no personal knowledge, forgery, perjury, etc). It is also apparent that the national banks are using other entities such as Frankenstein and foreclosure mills such as the Stern Law Firm and Dolan Media (NDEx West) to perpetuate these activities. Dolan Media specifically states to their investors they are proudly not involved in the robo-signing fiasco (notary violations, no personal knowledge, forgery, etc). If Mr. Pennell did an analysis of the shoddy work done by Dolan Media he would find that they give Frankenstein a run for its money. What I want to emphasize though is that Frankenstein, because of the very nature of its work, is required to have “effective risk management procedures and internal controls to conduct activities safely and soundly.” But this was the OPPOSITE of the INTENT of the parties when they created this monster in their laboratories. I can still hear the echos of their diabolical laughter. As a side note, see Fred Smith explain why Frankenstein (MERS) was involved: http://livinglies.wordpress.com/2011/01/23/fred-smith-explains-why-mers-was-involved-multiple-securitizations/

Continue reading “Daniel Pennell Explains why MERS is Completely out of Control”