Bill Paatalo brought this provision to me attention again. It gives a virtual checklist for discovery: All DOCUMENTS regarding the National Consent Judgement’s (CONSENT ORDER) “Settlement Term Sheet (I)(A)(4) which reads as follows: Servicer shall have standards for qualifications, training and supervision of employees. Servicer shall train and supervise employees who regularly prepare or execute […]

Tags: national settlement, sworn statements, training by servicer, written records
Posted in Corruption, discovery, evidence, Fabrication of documents, Servicer |

I know I am going to take some heat for what I am about to say. In my opinion “getting it on the record” is an excuse for losing and implies that the judge’s decision was wrong and can be appealed when in fact the judge’s decision was correct and will be easily affirmed on […]

Posted in discovery, foreclosure defenses, Pleading |

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 […]

Tags: diversity jurisdiction, federal jurisidiction, OneWest Bank, standing, subject matetr jurisdicition, TRUSTEES, TRUSTS, TRUTH, US BANK
Posted in discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Motions, Pleading |

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most “foreclosures” initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt. It has long been obvious to me that the money trail is […]

Tags: auction bid, Bayview, BONY, Chase, foreclosure sale, fraud, JPM CHASE, Mellon, money trail, proceeds of sale
Posted in discovery, evidence, legal standing |

“Holder” vs “Agency” Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will discuss the central point of of false claims of authority to enforce the note, and inferentially the authority to enforce the mortgage. In 2008, I called to confront a lawyer about the […]

Tags: agency, HOLDER, holder in due course, Neil Garfield Show
Posted in discovery, evidence, Fabrication of documents |

Not only did this court get it wrong, it apparently knew it was getting it wrong and so ordered that the case could not be used as precedent. Steve Mnuchin, now Secretary of our Treasury, was hand picked by the major banks to lead a brand new Federal Savings Bank, called OneWest, which was literally […]

Tags: FDIC, INDYMAC, OneWest Bank, Sheila Bair, Steve Mnuchin
Posted in Corruption, discovery, Fabrication of documents, Servicer |

The practice of paying a fee to a “service provider” to conceal the real nature of a transaction and the real parties in interest has been at the center of all Wall Street schemes that are at variance from conventional loan products. Virtually all parties who appear in the chain of title or possession in […]

Tags: benefiiciary, Rent-A-Name, trust, trustee, Trustor
Posted in Corruption, discovery, Eviction, Servicer |

If you stick to an objective statement of facts without presumptions, anyone can report and testify with credibility if they have backup. Once you cross the line into opinions the report is undermined as to bias, credibility and lack of foundation. Even if it is admitted into evidence the report will be given zero weight […]

Tags: expert, forensic report, OPINION, TERA
Posted in Corruption, discovery, evidence, expert witness |

Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow.  And that is the point here. They came to court without evidence and in this case the court turned them away. […]

Tags: § 673.1041(1), evidence, HELOC, negotiable instrument, note, self-authenticating, TRUTH, UCC
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Pleading, Servicer |

Thousands of cases like this one have pointed out that SPS and other servicers like Ocwen do not consult with any investor, do not evaluate the case for settlement, modification or mitigation. The answer to questions arising from the unwillingness of those companies to comply with law stems from the fact that the  vast majority […]

Tags: housing, Ocwen, Select Portfolio Servicing, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Modification, Servicer |