Leveraging the Death of an Originator in Foreclosure Defense

A Mini-Seminar for Licensed Attorneys and Pro se litigants

Leveraging the Death of an Originator in Foreclosure Defense

Register Now: Leveraging the Death of an Originator in Foreclosure Defense

Foreclosure expert and attorney Neil Garfield, M.B.A, J.D., will address what happens when the putative loan originator no longer exists.  This strategy seminar will cover the best way to attack mortgage liens, notes, assignments, powers of attorney and endorsements, when servicers like Ocwen, Nationstar, and others, claim to have a lasting (durable) POA from an originator;  but where the originator or alleged initial lender went out of business in bankruptcy or had another “legal death” years before.

This 90-minute seminar will cover how to attack the creation, use, and recording of such documents after the loss of actual POA rights and potential criminal ramifications (in addition to civil fraud or RICO on the county, the court, the homeowner and other potential buyers of the property).   Neil Garfield will provide a thorough examination of this fraudulent scheme, and litigation strategies to overcome deceptive power-of-attorneys. You will receive a recording of the seminar within 24 hours of conclusion.

This seminar is for informational purposes only and is not legal advice.

Seminar Date: Monday, December 11, 2017

Time: 4 pm Eastern/ 3 pm Pacific/ 2 pm Mountain/ 1 pm Pacific

Method:  A call-in number and access code will be provided after registration via email.

Length: 90 Minutes including Q&A at end of seminar.

Cost: $129.99 Attendance and Audio File download of the seminar.

Register before December 7th, 2017 for reduced price of $109.00.

Licensed attorneys: will receive 2 CLE hours (credits pending). Please include Bar and License information on registration or email us at info@lendinglies.com

You will receive an email after registration with further instructions.

Questions?:  Please contact us at  202-838-6345, or at info@lendinglies.com.

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Additional resources from The Gallant Goose:

A lot of work on these questions has already been done by others.

POA AGENCY AFTER BANKRUPTCY

Then there is the deadly question regarding whether a Court can take seriously any Assignments of Mortgage or Note created or recorded on behalf of an “originator” (the purported lender – actually just a broker) under a purported POA not recorded with the assignment or put on file in the relevant county prior to the assignment, said POA allegedly granted to an agent (like OCWEN) by the principal (originator- like NEW CENTURY), can have any validity whatsoever when the action of Assignment was stated by the agent to be performed on a date after the principal (originator) ceased to exist, or its powers had been placed solely within control a bankruptcy court or its administrator.

Is Power of Attorney Valid After Death or Bankruptcy?
http://info.legalzoom.com/power-attorney-valid-after-death-20046.html
“By the laws of all states, a power of attorney expires on the death of the principal. More specifically, when an agent learns of the death of a power-of-attorney grantor, he may no longer act as an agent in the principal’s place. This means that the agent may legally act on the principal’s behalf if he does not yet have knowledge of the principal’s death.”

https://www.thebalance.com/power-of-attorney-duties-3974714
“So what are the duties of the agent of a power of attorney after the principal — the person granting the POA — dies? Nothing, absolutely nothing.”

https://carybankruptcy.com/blog/the-power-of-a-power-of-attorney-in-bankruptcy/
“1) A standard Power of Attorney agreement is insufficient to sign a bankruptcy petition on behalf of someone else. 2) If a “bankruptcy specific” Power of Attorney agreement has not already been executed, it is too late to execute one concurrent with the bankruptcy.”

General Power of Attorney (Superseded)
http://www.uscourts.gov/forms/bankruptcy-forms/general-power-attorney

The American Ruling Cases as Determined by the Courts – Volume V -1920 Chicago – National Law Book Company
HYPERLINK

at pp. 1398 [5 A.R.C.]

“The adjudication in bankruptcy is constructive notice to the agent of the termination of his authority. In re. Daniels, 6 Biss. 405, Fed Cas. No. 3,566. And in England, notice of the act of bankruptcy terminates the relation as to the agent and third persons, respectively, on communication to them of reliable information of its occurrence. Elliott v. Turquand, L. R. 7 App. Cas. 7; Ex parte Snowball, L. R. 7 Ch. 534.

Corpus Juris – Volume II – 1915 New York – The American Law Book Company
HYPERLINK

Sec. AGENCY at pp. 545 Par. 177 c. [2 C. J.]

“Bankruptcy or Insolvency – (1) Of Principal. As by an act of bankruptcy the principal loses control of the subject matter of the agency, the authority of an agent to act for his principal generally ceases by operation of law upon an adjudication f the principal’s bankruptcy or insolvency,11 or upon the making of a general assignment by the principal for the benefit of his creditors;12 and hence the agent does not become the agent of the assignee in bankruptcy or insolvency.13 However, the agent may in such case do such acts as the bankrupt or insolvent himself may do, such as mere formal or ministerial acts to complete a transaction entered into before the bankruptcy or insolvency;14 and if the agent has a power coupled with an interest the bankruptcy or insolvency of the principal cannot deprive him of his authority.15 So if there has been a part of performance under the contract of agency the bankruptcy of the principal does not entitle the agent to terminate the agency, put an end to the service partly performed, and become the agent of a third person to the contract between him and the principal.16

Part 1 – How to Challenge an Assignment of Mortgage – By Glenn Augenstein
https://deadlyclear.wordpress.com/2013/08/23/part-1-how-to-challenge-an-assignment-of-mortgage/

Part 2 – How to Challenge an Assignment of Mortgage – By Glenn Augenstein https://deadlyclear.wordpress.com/2013/08/26/part-2-how-to-challenge-an-assignment-of-mortgage/

…and then there is the question of how to counter the bank’s version of how to defeat these challenges…

Borrower’s Standing to Challenge an Assignment of Mortgage: A Look at the Eighth Circuit & Minnesota
http://www.usfn.org/blogpost/1296766/249574/Borrower-s-Standing-to-Challenge-an-Assignment-of-Mortgage-A-Look-at-the-Eighth-Circuit–Minnesota


Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!

Greg ‘da Goose & The Team at The Gallant Goose & Friends

Don’t forget to check out and download some 50 archived show recordings at: http://www.talkshoe.com/tc/139335
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The author Greg “‘da Goose”  is the founder and host of “The Gallant Goose & Friends” TM internet radio show and podcast heard on Talkshoe channel 139335. The show focuses on consumer and homeowner defense and attack strategies and provides a forum for guest attorneys, accountants, brokers, bankers and other professionals, activists and “thinkers” to share their general thoughts and opinions with the audience and give the listeners an opportunity for live call-in Q&A with the guests.

Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
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