Neil Garfield still scamming homeowners & feckless attorneys is now going to put on a seminar teaching arguments every court in the country holds are nonsense! https://livinglies.me/2021/09/03/examination-and-challenge-of-assignments-of-mortgage-2-5-cle-credits-course-description/#comments
KEIFERT V. NATIONSTAR MORTG. LLC., 153 So. 3d 351, 352-53 (Fla. 1st DCA 2014) (Standing to foreclose requires only proof that the foreclosing party held the note when it filed the action. Proof of prior assignments is unnecessary.); DEUTSCHE BANK NAT’L TRUST CO. V. LIPPI, 78 So. 3d 81, 85 (Fla. 5th DCA 2012) (“[I]ts standing is established because it is the note holder, regardless of any recorded assignments.”)MARCUZZO V BANK OF THE WEST, 290 Neb. 809 Sup. Ct. of Nebraska ( 2015) (“Where the mortgage assignment does not alter the borrower’s obligations under the note or mortgage, and no injury is traceable to the mortgage assignment, the borrowers simply have shown no injury.18 In reaching this conclusion, courts rely on the general common-law principle that the maker of a promissory note cannot challenge his or her obligations under the note by asserting that an invalid assignment had occurred.”); POWELL V. WELLS FARGO HOME MORTG.,No. 14-CV-04248-MEJ, 2017 WL 840346, at *8 (N.D. Cal. Mar. 3, 2017) (contention that defendant lacked authority to make assignments because the note and deed of trust were split during the securitization process is not a viable theory of recovery under California law); JEPSON V. BANK OF NY MELLON, No. 14-2459 (7th Cir. 2016) (“New York courts appear to have almost uniformly concluded that a beneficiary retains the authority to ratify a trustee’s ultra vires act.” Cocroft v. HSBC Bank USA, N.A., 796 F.3d 680, 689 (7th Cir. 2015) (citing Mooney v. Madden, 597 N.Y.S.2d 775, 776 (N.Y. App. Div. 1993), and Tran, 2014 WL 1225575, at *5). If a beneficiary is able to ratify an unauthorized mortgage assignment, then the assignment is merely voidable and cannot be challenged by a mortgagor. Id).
I could post hundreds more contrary to Garfield’s lies and misrepresentations This just one of the many reasons why he’s known as a complete buffoon and fraud by competent attorneys, and those with 2 brain cells to rub together! https://mfi-miami.com/2020/03/foreclosure-defense-myths/