“a man” (american) can ‘state a claim’ (not complaint) on his own behalf (sui juris, not PRO SE) in court and can only BE THERE (as in English ‘first person’) and cannot “appear” – because he is real – (even though the judge ignores him)
However, an ENTITY CORPUS must whine (complain) through an attorney and cannot BE or appear in court without one
every american should learn how to separate the presumed joinder between themselves and their government appointed ENTITY CORPUS, so that they might proceed at law OR equity with firm footing on the land and not be treated like a CORPORATION…
this causes all actions against “man” by ENTITIES CORPUS, to fail, because there is then no level playing field between the parties, which justice requires…
they’re goin’ down… Dominoes ain’t for Pizza anymore
From Neva
A L E R T | Paatalo v. J.P. Morgan Chase Bank et al | TILA RESCISSION | ~OPINION AND ORDER 11-12-2015~ | M-T-D….DENIED | The Supreme Court implicitly rejected defendant’s argument when it declared “rescission is effected” at the time of notice . . . . . The question here is what happens when the unwinding process is not completed and **neither party files suit** within the TILA statute of limitations.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
WILLIAM J. PAATALO,
Plaintiff,
vs.
JPMORGAN CHASE BANK,
Defendant.
Case No. 6:15-cv-01420-AA
_________________________
OPINION AND ORDER
Case 6:15-cv-01420-AA Document 12 Filed 11/12/15 Page 11 of 18
Defendant argues this reading of Jesinoski cannot be correct
because it means “a borrower’s mere notice of rescission . . .
automatically converts a secured lender into an unsecured lender,
leaving the lender with no other remedy{?!} but to file suit to
challenge the validity of a borrower’s rescission.”
…..The Supreme Court implicitly rejected defendant’s
argument when it declared “rescission is effected” at the time of
notice, without regard to whether a borrower files a lawsuit within
the three-year period.
PAGE 11 – OPINION AND ORDER
Case 6:15-cv-01420-AA Document 12 Filed 11/12/15 Page 18 of 18
The timing of Jesinoski is also significant. Although
foreclosing trustees and purchasers at trustee’s sales have a
significant interest in finality, consumers have a countervailing
interest in avoiding wrongful foreclosure. Jesinoski revealed the
majority of federal courts had “misinterpreted the will of the
enacting Congress,” Rivers, 511 U.S. at 313 n.12, in allocating to
borrowers the burden to go to court to enforce their statutory
rescission rights under TILA. Further factual development is
necessary to determine what effect that revelation should have on
the property rights of subsequent buyers of the property.
Defendant’s motion to dismiss is denied with leave for defendant to
renew its arguments about the effect of the trustee’s sale.
CONCLUSION
Defendant’s motion to dismiss (doc. 6) is DENIED. Defendant’s
request for oral argument is DENIED as unnecessary.
IT IS SO ORDERED.
Dated this 12th Day November 2015.
Neil – this must be you next post as soon as you feel better!
EPIC – Courage for “Cowardly Lions” [lawyers] waiting for proof that you can stop dragging your clients into loan modifications and really fight for them!
———————————————-
WOLF vs WELLS FARGO | Wells Fargo Must Pay $5.4M In Robosigning Foreclosure Row
Marie McDonnell
Below, I have attached the jury award from the Wolf v. Wells Fargo trial. The jury concluded its deliberations on Tuesday afternoon, November 10th.
It is my belief that this is the first jury verdict of its kind where the jury was asked to determine whether a robo-signed Transfer of Lien (assignment of mortgage) was fraudulent, and on that basis, award damages.
The jury awarded the Wolfs $190,000 in actual and emotional distress damages; $190,000 in attorneys’ fees — which is sufficient to take them through an appeal all the way up to the Texas Supreme Court; and $5 million in punitive damages to be paid equally by Wells Fargo and Carrington.
Plaintiffs David and Mary Ellen Wolf testified on their own behalf, and I testified as their expert.
I explained to the jury the sequence of “true sales” that were necessary to properly securitize the Wolfs’ mortgage loan using my “Securitization Flow Chart” which I have attached below.
Once the jury understood the requirements of the Mortgage Loan Purchase Agreement and the Pooling and Servicing Agreement, they were able to see why the Transfer of Lien executed by Tom Croft was fraudulent on the face of the document.
The Defendants called robo-signer Tom Croft and Clayton Gordon as witnesses, both of whom are employed by Carrington Mortgage Services, LLC.
The jury also found that even though Wells Fargo Bank was in physical possession of the original note, it did not own the mortgage loan because it was never securitized into the Carrington Mortgage Loan Trust, Series 2006-NC3 over which Wells Fargo serves as Trustee.
The jury verdict, and especially their finding that the Transfer of Lien was fraudulent, supports my findings in all of the registry of deeds audits I have conducted for:
John L. O’Brien, Register of Deeds, Essex Southern District, MA
Nancy J. Becker, Recorder of Deeds, Montgomery County, PA
Seattle City Council, Seattle, WA
In re: Mortgage Electronic Registration Systems, Inc. Litigation, Maricopa, Pima, and Pinal Counties, AZ
The jury verdict in the Wolf v. Wells Fargo trial is epic. Among other things, it demonstrates that when given all the facts, average people can distinguish the difference between “deadbeat borrowers” and a family who fell upon hard times and always tried to do the right thing.
This case should send a message of hope for others; it also provides a road map for cutting through the complexities of modern finance to arrive at a just result.
15 thoughts on “TONIGHT'S SHOW CANCELED DUE TO KIDNEY STONE – TUNE IN NEXT WEEK!”
please listen to our call from thursday
Kathy has some Golden Nuggets…
this might be helpful for you
http://recordings.talkshoe.com/TC-139335/TS-1024540.mp3
http://law.justia.com/cases/federal/district-courts/oregon/ordce/6:2015cv01420/122936/12/
Link for OR case – biggie
Hey Greg are u mining for gold lol!
In support of what greg, on November 13, 2015 at 10:41 pm said:
Re: Wolf v. WELLS FARGO BANK N.A. ($5.3 Million Judgment)
Below is the link to all of the relevant filings for study:
https://drive.google.com/folderview?id=0BxiFFqZR7JZ7ZUVpY3FGNlBoT2s&usp=sharing
Thank you Greg
posted on The Lou Bridges Show this evening….
“a man” (american) can ‘state a claim’ (not complaint) on his own behalf (sui juris, not PRO SE) in court and can only BE THERE (as in English ‘first person’) and cannot “appear” – because he is real – (even though the judge ignores him)
However, an ENTITY CORPUS must whine (complain) through an attorney and cannot BE or appear in court without one
every american should learn how to separate the presumed joinder between themselves and their government appointed ENTITY CORPUS, so that they might proceed at law OR equity with firm footing on the land and not be treated like a CORPORATION…
this causes all actions against “man” by ENTITIES CORPUS, to fail, because there is then no level playing field between the parties, which justice requires…
lawman@gmx.us
hammer
i don’t complain – i claim!
Nice!
Keep making complaints shine the light on the scum so they know it’s a fraudulent sale.
and this!
they’re goin’ down… Dominoes ain’t for Pizza anymore
From Neva
A L E R T | Paatalo v. J.P. Morgan Chase Bank et al | TILA RESCISSION | ~OPINION AND ORDER 11-12-2015~ | M-T-D….DENIED | The Supreme Court implicitly rejected defendant’s argument when it declared “rescission is effected” at the time of notice . . . . . The question here is what happens when the unwinding process is not completed and **neither party files suit** within the TILA statute of limitations.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
WILLIAM J. PAATALO,
Plaintiff,
vs.
JPMORGAN CHASE BANK,
Defendant.
Case No. 6:15-cv-01420-AA
_________________________
OPINION AND ORDER
Case 6:15-cv-01420-AA Document 12 Filed 11/12/15 Page 11 of 18
Defendant argues this reading of Jesinoski cannot be correct
because it means “a borrower’s mere notice of rescission . . .
automatically converts a secured lender into an unsecured lender,
leaving the lender with no other remedy{?!} but to file suit to
challenge the validity of a borrower’s rescission.”
…..The Supreme Court implicitly rejected defendant’s
argument when it declared “rescission is effected” at the time of
notice, without regard to whether a borrower files a lawsuit within
the three-year period.
PAGE 11 – OPINION AND ORDER
Case 6:15-cv-01420-AA Document 12 Filed 11/12/15 Page 18 of 18
The timing of Jesinoski is also significant. Although
foreclosing trustees and purchasers at trustee’s sales have a
significant interest in finality, consumers have a countervailing
interest in avoiding wrongful foreclosure. Jesinoski revealed the
majority of federal courts had “misinterpreted the will of the
enacting Congress,” Rivers, 511 U.S. at 313 n.12, in allocating to
borrowers the burden to go to court to enforce their statutory
rescission rights under TILA. Further factual development is
necessary to determine what effect that revelation should have on
the property rights of subsequent buyers of the property.
Defendant’s motion to dismiss is denied with leave for defendant to
renew its arguments about the effect of the trustee’s sale.
CONCLUSION
Defendant’s motion to dismiss (doc. 6) is DENIED. Defendant’s
request for oral argument is DENIED as unnecessary.
IT IS SO ORDERED.
Dated this 12th Day November 2015.
credit to Eric Main for catching this quickly!
Neil – this must be you next post as soon as you feel better!
EPIC – Courage for “Cowardly Lions” [lawyers] waiting for proof that you can stop dragging your clients into loan modifications and really fight for them!
———————————————-
WOLF vs WELLS FARGO | Wells Fargo Must Pay $5.4M In Robosigning Foreclosure Row
Marie McDonnell
Below, I have attached the jury award from the Wolf v. Wells Fargo trial. The jury concluded its deliberations on Tuesday afternoon, November 10th.
It is my belief that this is the first jury verdict of its kind where the jury was asked to determine whether a robo-signed Transfer of Lien (assignment of mortgage) was fraudulent, and on that basis, award damages.
The jury awarded the Wolfs $190,000 in actual and emotional distress damages; $190,000 in attorneys’ fees — which is sufficient to take them through an appeal all the way up to the Texas Supreme Court; and $5 million in punitive damages to be paid equally by Wells Fargo and Carrington.
Plaintiffs David and Mary Ellen Wolf testified on their own behalf, and I testified as their expert.
I explained to the jury the sequence of “true sales” that were necessary to properly securitize the Wolfs’ mortgage loan using my “Securitization Flow Chart” which I have attached below.
Once the jury understood the requirements of the Mortgage Loan Purchase Agreement and the Pooling and Servicing Agreement, they were able to see why the Transfer of Lien executed by Tom Croft was fraudulent on the face of the document.
The Defendants called robo-signer Tom Croft and Clayton Gordon as witnesses, both of whom are employed by Carrington Mortgage Services, LLC.
The jury also found that even though Wells Fargo Bank was in physical possession of the original note, it did not own the mortgage loan because it was never securitized into the Carrington Mortgage Loan Trust, Series 2006-NC3 over which Wells Fargo serves as Trustee.
The jury verdict, and especially their finding that the Transfer of Lien was fraudulent, supports my findings in all of the registry of deeds audits I have conducted for:
John L. O’Brien, Register of Deeds, Essex Southern District, MA
Nancy J. Becker, Recorder of Deeds, Montgomery County, PA
Seattle City Council, Seattle, WA
In re: Mortgage Electronic Registration Systems, Inc. Litigation, Maricopa, Pima, and Pinal Counties, AZ
The jury verdict in the Wolf v. Wells Fargo trial is epic. Among other things, it demonstrates that when given all the facts, average people can distinguish the difference between “deadbeat borrowers” and a family who fell upon hard times and always tried to do the right thing.
This case should send a message of hope for others; it also provides a road map for cutting through the complexities of modern finance to arrive at a just result.
– See more at: http://stopforeclosurefraud.com/2015/11/13/wolf-vs-wells-fargo-wells-fargo-must-pay-5-4m-in-robosigning-foreclosure-row/#sthash.Ao636kLJ.dpuf
Get Well
Be Well Neil.
Trespass Unwanted, Creator, Corporeal, Life, Free, People, Independent, State, In Jure Proprio, Jure Divino
A fine gentleman asked me to post this, as follows:
AFFIDAVIT OF RESCISSION
STATE OF GEORGIA )
:ss
COUNTY OF )
BEFORE ME the undersigned authority, duly authorized to administer
oaths, personally appeared NAME, to me well known, or who
identified self to me with Georgia Driver’s License #______________, who,
after being duly sworn, deposes and says as follows:
1. That I am a legal adult over the age of eighteen (18) years, and that I
make this affidavit for the purposes expressed herein.
2. That I am the fee simple owner of certain real property, located in
_______ County, Georgia and legally described as Lot 9, Block 62 of
City____, according to the Plat thereof, as recorded in Plat Book 2, Page 18
of the Public Records of ______ County, Georgia, also known as 1413 North
Andrews Avenue, City_____, Georgia 33311.
3. That I own the property by virtue of a Warranty Deed issued to me at the
time I purchased the property.
4. That on June 1, 2015 I rescinded the mortgage on the subject property
pursuant to the Truth in Lending Act, a Federal law, and that the Note and Security
Deed has been rescinded and is null and void.
5. By recording this Affidavit of Rescission in the Public Records of
_____ County, Georgia, I hereby put all parties and the public on notice that the
Security Deed recorded on said property has been rescinded and is null and void.
6. Pursuant to Federal law, all parties notified of said rescission who were
sent and received said notice, had twenty (20) days from their receipt of the
rescission letter notice to dispute said rescission. By operation of law, said
rescission becomes final if not disputed within the time period set forth above.
7. That I make this affidavit of my own personal knowledge of the facts
as set forth in this affidavit.
8. That I make this affidavit under oath and under penalty of perjury.
FURTHER AFFIANT SAYETH NAUGHT.
SWORN TO AND SUBSCRIBED before me, the undersigned authority,
this ______day of June, 2015.
________________________________ _________________________
Witness Witness
________________________________ _________________________
Printed name of witness Printed name of witness
________________________________ _________________________
Notary Public, State of Florida At Large Name _______________, Affiant
My commission expires:
Notary Seal
Fast recovery Neil
May the God Almighty give you health and strength
Wish u a speedy recovery
Whose kidney stones? Have they been securitized too? Or was that the other post……