I wanted to make a point that is critical to the defense narrative. The Foreclosure mills are getting away with presenting an employee of a company that has been falsely designated as being the “servicer.” They are referring to this employee as a “representative.” But in all cases this “representative” is merely a paid actor …
Don't accept a "representative" at mediation or trial. Read More »
[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form] Wall Street Transactions with Homeowners Are Not Loans * I think the biggest problem for people understanding the strategies that I have set forth on this blog is that they don’t understand the underlying principles. It simply is incomprehensible to …
How and Why to Litigate Foreclosure and Eviction Defenses Read More »
Lawyers and pro se litigants continue to ignore the basics when mounting a challenge to foreclosures in which US Bank is asserted to be a trustee of a name that is then treated as though it was trust or REMIC Trust. If you look closely, the name is word salad, containing references or names to …
Anyone who knows about foreclosure litigation and securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued. For nearly all loans the central command was Lender Processing Systems, aided by …
Right in Front of Our Eyes: Black Knight and U.S. Bank Read More »
In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments. The legacy of the mortgage meltdown and the brainless government policies that let the banks get away with what they …
If you think foreclosures are a thing of the past, think again Read More »
The simple fact is that the REMIC trusts do not exist in the real world. The parties named as trustees — e.g. US Bank, Deutsch, BONY/Mellon — are trust names that are used by permission through what is essentially a royalty agreement. If you are dealing with a trust then you are dealing with a …
Referring to the default as real, but with an explanation of how it is subject to rationalization or argument, completely undermines your argument that they have no right to be in court, to collect, to issue notices or initiate foreclosure. …when you refer to the default, you should refer to it as a false claim …
us-bank-na-v-mattos-sup-ct-hi-no-scwc-14-0001134-jun-6-2017 Note that the courts try to calls balls and strikes not decide, at least on appeal, who should win and then give an opinion that fits. It doesn’t always work that way but many courts do follow that simple rule of blind justice. ===================== WORKS: Objection to qualified witness status, no records from the …
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 …
multiple choice robo-pleading NO PLEADING: HOMEOWNER WON ANYWAY I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named …
In the final analysis you are looking for evidence of absence of any real events currently presumed as facts in any foreclosure case. TO HAVE US DRAFT YOUR DISCOVERY COMPLETE THE REGISTRATION FORM and email us at info@lendinglies.com with your request. TO GET OUR FORENSIC REPORT, CLICK THE LINK 954-451-1230 or 202-838-6345. Ask for a CONSULT. REGISTRATION …
Questions to Ask About the Trust and the Trustee Read More »
“The jury, after deliberating for approximately 7 hours, determined that Ocwen breached its contract, violated RESPA for failing to adequately respond to Saccameno’s Qualified Written Request, violated the FDCPA and committed both unfair and deceptive acts in violation of the Illinois Consumer Fraud Act. Monette Saccameno was awarded $500,000.00 in compensatory damages, $70,000.00 in non-economic damages, $12,000.00 in economic damages and $3,000,000.00 in …
Information is admitted in evidence only after a proper foundation has been laid. If the witness knows nothing about the foundation the evidence should not be admitted as evidence. Appellate courts will usually reverse a trial court’s error in ruling on evidence UNLESS the appellate panel decides that the error would not have made any …
CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk’s default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they …
Thanks to Investigator Bill Paatalo of BP Investigative Agency for the heads up on this case. Furthermore if you are suing U.S. Bank please note that THERE ARE NO RECORDS KEPT BY US BANK OF ANY KIND other than receipt of a monthly fee. Bill Paatalo will be dropping a bombshell on these findings in …
US Bank v Mattos: Ocwen's Witness unable to collaborate U.S. Bank's Records Read More »
Appellate courts stepping on a rake: This thread of decisions makes it extremely important for attorneys representing homeowners to establish the earliest possible safe harbor period so they can recover fees when they win. These decisions are essentially punishing homeowners on the grounds that they won on an issue that revealed the underhanded, fictitious narratives …
Attorney Fee Award: Heads the Bank Wins, Tails the Homeowner Loses Read More »
The banks were not taking risks. They were making risks and profiting from them. Or another way of looking at it is that with their superior knowledge they were neither taking nor making risks; instead they were creating the illusion of risk when the outcome was virtually certain. Securitization as practiced by Wall Street and …
Can you really call it a loan when the money came from a thief? Read More »
IF THE SERVICER IS NOT AFFILIATED WITH US BANK “IN ANY WAY” THEN EITHER US BANK HAS NO TRUST DUTIES OR THE SERVICER HAS NO SERVICING AUTHORITY BOTTOM LINE: A trust without a trustee holding fiduciary duties and actual powers over trust assets is no trust at all. This signals corroboration for what is now well known …
The conclusion is that US Bank “as trustee” is a sham entity. it does not exist. The marketplace is flooded with false representations about the role of US Bank. This becomes abundantly clear when you are made privy to decisions made wherein sanctions were levied against US Bank. It underscores the basic premise that there …
Servicers Using US Bank as Shield From Liability in Fraudulent Foreclosures Read More »
What is unique and instructive about this decision from the Montana Supreme Court is that it gives details of each and every fraudulent, wrongful and otherwise illegal acts that were committed by a self-proclaimed servicer and the “defective” trustee on the deed of trust. You need to read the case to see how many different …
In short, the proffer of a document signed not by the grantor or assignor but by a person with limited authority and no knowledge, on behalf of a company claiming to be attorney in fact is an empty self-serving document that provides escape hatches in the event a court actually looks at the document. It …
Self Serving Fabrications: Watch for "Attorney in Fact" Read More »
The court held there was no Plaintiff filing the foreclosure lawsuit. This is extremely important and highly relevant to what is going on now. So many cases name a Plaintiff that either does not exist or whose name has merely been rented for the purpose of filing foreclosure. Like US Bank as Trustee for series …
Revisiting the Nash Case v "America's Wholesale Lender." Read More »
1sT Appellate District US Bank v Naifeh: “… we conclude that a borrower may rescind the loan transaction under TILA without filing a lawsuit, but when the rescission is challenged in litigation, the court has authority to decide whether the rescission notice is timely and whether the the procedure set forth in the TILA (sic) …
A purchase and assumption agreement was not enough to prove JPMorgan Chase Bank N.A.’s legal standing in a foreclosure case before the Fourth District Court of Appeal. —————— Read more: http://www.dailybusinessreview.com/id=1202753997800/JPMorgan-Chase-Loses-Foreclosure-Case-at-Fourth-DCA-After-5-Debt-Sales#ixzz45ulLI8CB —————— For a description of our services click here: https://wordpress.com/post/livinglies.wordpress.com/32498 Group Session- 90 Minute Roundtable Discussion =========================== THE FOLLOWING ARTICLE IS NOT A LEGAL …
Chase Loses on Assignment and Assumption Argument with WAMU Read More »
