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legal presumptions

Lack of Research and Knowledge About Court Procedure and Rules of Evidence Will Bury You

1 Comment / burden of persuasion, burden of pleading, BURDEN OF PROOF, discovery, Discovery -Subpoena, Fabrication of documents, foreclosure defenses, Motion Practice and Discovery, Pleading, TRIAL OBJECTIONS / By

There are many well intentioned people and lawyers who go into court to contest foreclosure cases with the expectation that the foreclosure mill must prove ownership and status of the loan. In plain language they don’t need to prove that because of a legal fiction called a “legal presumption.” That is a shorthand way of …

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How to Challenge The Credibility of Documents Offered to Support Foreclosure

2 Comments / boarding process, burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure mill, forensic investigation, forgery, investment banking, Investor, jurisdiction, legal standing, Mortgage, Presumptions, prima facie case, Servicer, sham transactions, standing, TRIAL OBJECTIONS / By

Legal presumptions are not meant to be used as a means for achieving an illegal or unjust result. But they do exactly that when apparently facially valid documents are left unchallenged. A successful challenge to the credibility of the source of documents initially filed in foreclosure will end the case in favor of the homeowner. …

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Frustrated with Your Lawyer's Attitude?

9 Comments / burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, Fabrication of documents, foreclosure, foreclosure defenses, forensic investigation, Investor, jurisdiction, legal standing, Pleading, prima facie case / By

PRESUMPTIONS VERSUS FACTS The bottom line is that lawyers want to do the best possible job for their client and get the best possible result. They like winning. But sometimes they must protect clients against themselves. It’s true there are lazy lawyers out there who take money and don’t do the work. But most of …

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How to Undermine the Credibility of Deutsch, Wells Fargo et al.

3 Comments / burden of persuasion, burden of pleading, Corruption, discovery, evidence, foreclosure, foreclosure defenses, Servicer, sham transactions / By

The entire securitization strategy is thus predicated upon the ability to convince a judge to presume facts, even if they are untrue. The pattern of misconduct revealed in the track record of the major banks could be used to undermine the legal presumptions and force the proof of the loan, purchase etc. BUT the major …

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TONIGHT! How to confront legal presumptions and get to the real facts.

10 Comments / foreclosure / By

Thursdays LIVE! Click in to the EAST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays   see https://livinglies.me/2018/10/17/if-it-is-their-case-then-they-must-prove-it/ Foreclosure defense essentially boils down to three major categories. Procedural errors, lack of standing and absence of an actual creditor. * Procedural errors involve improper notice, improper accounting, and inconsistent documents. * As for no creditor …

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Hawaii Supreme Court: Yes to wrongful foreclosure counterclaim BEFORE foreclosure is completed and no to"plausible" pleading

10 Comments / foreclosure / By

Now that the courts are no longer in fear of precipitating an economic meltdown, it’s time to return to legal decisions instead of political decisions. The Hawaii Supreme Court has done just that in a common sense decision that sweeps aside most of the Wall Street arguments against allowing homeowners to raise the fraudulent foreclosure …

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Sheila Bair Had a Plan to Make Banks Pay for Dishonest Dealing Causing the 2008 Crash

10 Comments / burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, foreclosure, Servicer / By

Sheila Bair (ex FDIC Chairwoman) has always understood. She was fired for understanding. It’s hard to understand that the TBTF banks were NOT speculating and never lost any money. Harder still to understand how they stole trillions of dollars from the US economy. And finally harder still to understand how “lenders” could cause a crash. …

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TONIGHT! How to distinguish between legal presumptions of facts and the facts themselves

36 Comments / foreclosure / By

A client of our internet services store asked a simple question. He had asked the opposing side if they were a holder in due course. What he received was evasive and misleading and essentially never answered the question. Now what? Below is my answer to his question and what we will be discussing tonight on …

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Tonight! DISAPPEARING LEGAL PRESUMPTIONS on the Neil Garfield Show 6PM EDT With Charles Marshall, Esq. and Bill Paatalo

3 Comments / foreclosure / By

Just the Facts, Ma’am! Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, California attorney and Bill Paatalo, private investigator, discuss the implications of two Hawaii cases that are mirroring other decisions across the country. Hawaii Schranz Case Hawaii St. John Case The above links …

Tonight! DISAPPEARING LEGAL PRESUMPTIONS on the Neil Garfield Show 6PM EDT With Charles Marshall, Esq. and Bill Paatalo Read More »

Maine Case Affirms Judgment for Homeowner — even with admission that she signed note and mortgage and stopped paying

3 Comments / boarding process, BURDEN OF PROOF, CASES, Corruption, discovery, evidence, foreclosure, Investor, Mortgage, originator, Servicer, sham transactions, Trail Objections / By

While this case turned upon an  inadequate foundation for introduction of “business records” into evidence, I think the real problem here for Keystone National Association was that they did not and never did own the loan — something revealed by the usual game of musical chairs that the banks use to confuse and obscure the …

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Expired, Forged, Robo-Signed Notary: How to use it.

Leave a Comment / foreclosure / By

THE GOAL IS TO SHOW THAT THE ABSENCE OF A TRANSACTION, NOTWITHSTANDING THE REFERENCE IN A DOCUMENT. While the defective notarization does not itself invalidate the document, it certainly suggests questions about how that happened and then to question whether the same thing happened with other documents or endorsements. If you can cast sufficient doubt …

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Attacking Legal Presumptions:"False in One, False in All"

4 Comments / foreclosure / By

Anyone defending a foreclosure these days should start with the assumption that the entire infrastructure of “loans” and foreclosures consists of lies. This assists in planning objections and cross examination. More importantly it provides the narrative that casts doubt on the trustworthiness of testimony and documentary evidence — which in turn can deprive the the …

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Wells Fargo CEO Forced Out Over Scam Customer Accounts

4 Comments / foreclosure / By

What is important to recognize is that the presumptions from the bench that the banks would not intentionally commit crimes or violations is wrong. It is important because all legal presumptions are predicated upon the supposition of trustworthiness of the party proffering evidence. This presumption is wrong. The banks have been fabricating accounts, “business records” …

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Securitization for Lawyers: How it was Written by Wall Street Banks

6 Comments / AMGAR, bubble, CDO, Corruption, discovery, escrow agent, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Neil Garfield Show, originator, Pleading, securities fraud, Servicer, taxes, Title, Trust Beneficiaries, trustee / By

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the …

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Bank of America Ordered to Pay $1.2 BILLION for Fraudulent Mortgages

64 Comments / AMGAR, CASES, Corruption, discovery, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, originator, Pleading, securities fraud, Servicer, Statutes, Title, Trust Beneficiaries, trustee / By

“Given the current environment where robo-signing became institutionalized as a practice even though it is the equivalent of forgery and where fabrication of documents by law offices and “document processors” were prepared according to a published menu of prices, why would anyone, least of all a court of law, apply general principles surrounding presumptions when …

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