Just because a power of attorney appears to be facially valid doesn’t  mean that it IS facially valid, nor that it is substantively valid. Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. Powers of Attorney are part of the strategy engineered by investment banks on Wall Street. Here is the problem with […]

Tags: Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, securities fraud, Servicer |

The first and foremost thing about this is that where any loan is subject to claims of securitization, that claim is false. So no investor ever  bought any loan, debt, note or mortgage. Not ever. All documents claiming to memorialize such transactions are false. So the designated claimant has no claim. To win these cases […]

Posted in Corruption, discovery, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

The fact that the foreclosure players know — or even witnessed — the fact that you refused to make any further payments makes them a witness, not a claimant.  * The investment banks say they are not liable as lenders for noncompliance with lending laws. OK. A good lawyer can make a powerful argument for […]

Tags: single transaction doctrine, step transaction doctrine
Posted in discovery, Eviction, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, securities fraud |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays   The 2008 crash may seem like 12 years ago. Yet the conditions persist – victimizing both homeowners and investors. Homeowners still have no frame of reference or education as to how […]

Tags: Covid, forbearance, foreclosures, moratorium
Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

A person with whom I am well acquainted and who prefers to remain in the background just sent the following email to me, Bill Paatalo and Charles Marshall. Thanks to the Virus, I had some free time to catch-up on Neil’s blogs and radio shows; as such, I just listened to your piece with Charles on […]

Tags: 1031, CAPITAL ONE, CapOne, Carrington, Christiana, Credit Suisse, Greenpoint, Greenpoint Financial, Headlands Mortgage, North Fork, Personal jurisdiction, REIT, Rushmore, SEC, Stanwich trust, Taffet, Wilmington
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, Servicer |

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. […]

Tags: credibility, evidence, evidentiary hearing, legal presumptions, securitization
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

Disclaimer: This article is for educational purposes only and not legal advice. Always consult with an attorney licensed in the jurisdiction of your case. Clearing Up the Confusion About DBNTC Several readers have pointed out that I previously misstated the status of Deutsche Bank National Trust Company (DBNTC). Let me clarify. DBNTC does exist. It […]

Posted in discovery, foreclosure defenses, legal standing |

The sooner everyone realizes that these foreclosures are merely schemes to generate revenue the closer we will come to justice. The fact that is that anyone who has paid value for the debt is getting paid pursuant to a third party agreement that has very little relationship with the performance or non performance of the […]

Tags: Anderson, Bank of New York Mellon, Bowman, Gill and Kadochnikov, Mark Anderson, McCabe, Shellpoint Mortgage Servicing, Shiryak, statute of limitations, Weisberg & Conway
Posted in Corruption, discovery, legal standing, Servicer |

PennyMac appears to be a vehicle of “cleaning” fatal title deficiencies to the debt, note and/or mortgage on loans. It operates on behalf of CitiMortgage and multiple other entities on loans where the selection of a claimant is essentially random. The basic playbook of the banks is to insert a real business entity with no […]

Tags: Citimortgage, facially valid, Pennymac
Posted in discovery, evidence, foreclosure defenses, Pleading |

The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort […]

Tags: ATTORNEY FEES, damages, disgorgement, interpleader, sending documents to servicer, tender of payment, wrongful foreclosure
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading |