Archive for 'discovery' Category
The bottom line is that the loans themselves were fatally defective in terms of the loan documents. The money was delivered but not by the named “lender” nor anyone in privity with the named lender. At all times nearly all of the loans were in actuality involuntary direct loans from investors who had no knowledge […]
The take-away is that modifications are a scam to either steal the loan or force homeowners into foreclosure. If the modification is seen as completed, the loan has been stolen because the creditor has become a new and different party than anyone in the chain of title to the mortgage deed. If the modification is […]
There is no doubt in the minds of most serious trial lawyers who dig deep enough that homeowners can and should win all or most of the foreclosure cases. There is also little doubt that homeowners will lose by default or by inadequate presentation and well-founded attacks on the foreclosing party’s existence and ownership of […]
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 […]
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 […]
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 […]
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 […]
“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 […]
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 […]
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 […]
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