Archive for 'discovery' Category
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
I’m not sure why there are people who are calling my approach theoretical. My focus is strictly practical — using the rules of civil procedure to expose the truth of the matter asserted. Specifically, the end result should be and most often is that the opposition either dismisses the claim, or the court bars them […]
The trap door is thinking that investors were hurt by borrowers failing to make payments when in fact they were injured by brokerage companies not paying them regardless of how much money was being received and created. This trap door inevitably leads one into thinking that the money proceeds from a forced sale of property […]
Charles Koppa in San Diego was the first person to point out to me that the activities after even a nonjudicial sale told the real story about the what was going on. That was back in 2008. Lately I have been getting questions relating to post-sale or post judgment activities. There is a doctrine that […]
“failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.” the Notice of Default stated that “[t]o avoid the possibility of acceleration,” Defendants were required to make certain payments […]
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