Oliver Max Gardner III's Guides

Tom Cox of Maine--We As Lawyers are Not Doing Enough

After a lot of reflection this past week, I have realized that I am not doing enough. Neither are you.This is a plea to every member of this listserv to do more.You can do significantly more without a great deal of additional effort.Please follow along with me. A few years ago,...

The Uniform Residential Mortgage Note is Note a Negotiable Instrument Under the UCC

1. The Note is Not a Negotiable Instrument. 25-3-104 Negotiable instrument (a) Except as provided in subsections (c) and (d)[1], negotiable instrument means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described i...

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Objections to the Pending Settlement Between the Attorney Generals and the Mortgage Servicers

The Honorable Eric Holder, Jr. U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Dear Attorney General Holder: I write regarding the ongoing settlement talks between state attorneys general, federal fraud regulators, the White House, and large fin...

Max Gardner's Top Tips for Fake Mortgage Documents

1. The Mortgage or Deed of Trust is assigned from the Originator directly to the Trustee for the Securitized Trust. 2. The Mortgage or Deed of Trust is assigned months and sometimes years after the date of the origination of the underlying mortgage note. 3. The Mortgage or Deed o...

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Teddy Kennedy--The Ultimate Survivor

I was very fortunate to have personally known three of Joe Kennedys sons. I first met Senator John F. Kennedy, Bobby Kennedy and Ted Kennedy at a Washington cocktail party in 1957. My late Uncle was a Washington lobbyist and a strong old yellow-dog Democrat. The party was at his ...

The Forced Placed Insurance Game--Servicers and Fraud

The first time Luis Juarez heard of force-placed insurance was when he received a $25,000 bill for it in the mail.A Florida doctor and homeowner, Juarez had been dropped by his previous insurer over a roofing issue. Though that lapse violated his obligation under the mortgage to ...

Finding Out Who Owns the Mortgage

Finding Out Who Owns the Mortgage Assuming that the loan was not made through the FHA, the VA, or a state or local housing agency (which usually can be easily determined on the face of the loan origination documents and/or the recorded mortgage or deed of trust), then proceed a...

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Nine Rules for Depositions--Hall v Clifton Nine Years Later

HALL V. CLIFTON PRECISION ALIVE, DEAD OR QUIETLY SLIPPING AWAY http://www.vairariley.com/CM/Custom/Hallv.CliftonPrecision.asp Guideline 1: Prohibition Against Witness Counsel Giving Instructions or Explanations to the Witness The first guideline outlined in Hall provided, At t...

The Rules of the Road for Securitization of Residential Mortgage Loans

The term Mortgage Note or Note refers to the promise to pay signed by the homeowner or obligor. The term Mortgage refers to the real estate security instrument (mortgage or deed of trust) that must be filed with the local land registry to perfect the rights of the holder of the n...

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Max Gardner's Dirty Dozen Ruels for Ownership of the Mortgage Note--A Baker's Dozen

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