Archive for 'discovery' Category
“Lehman’s own documents show it was aware of the widespread problems and deteriorating performance of the loans it had securitized,” with half the loans at one point containing material misrepresentations, the trustees said in a court filing. Editor’s Note: The difference is money — investors have it and borrower’s don’t. So while investors are successfully litigating […]
In the final analysis, the only way to smoke out the banks on their fraudulent claims as “creditors” or “agents of creditors” is to create a situation where the creditor must be disclosed. In those cases where judges have ruled in discovery or ruled on the right to prepay, subject to identification of the creditor, […]
RATIFICATION OF VOID ASSIGNMENTS IS IMPOSSIBLE AND ABSURD In the wake of the California Supreme Court’s decision in Yvanova and its progeny, the legal community has accepted the unacceptable (and the ridiculous). The bottom line of the decision is that a void assignment can be the basis for a lawsuit for wrongful foreclosure but it cannot […]
Discovery is more complex than lay people realize. There is a lot of work that goes on behind the scenes in court. Our paralegal, Connie Lasco, saw the problems and forwarded the request for service to me for comment. Here is an example of my comments to one homeowner who is defending her home pro […]
Translation: WFB was the “custodian” of alleged “mortgage-backed” certificates issued for the benefit of investors who paid billions of dollars for ownership of the certificates. WFB “Loaned” those alleged securities to brokers. The brokers in exchange provided “collateral” the proceeds of which were reinvested by WFB. In short, WFB was laundering the investors money for […]
The banks have not asked for an order vacating a TILA RESCISSION because they know that following standard procedure would block them from challenging TILA RESCISSION. This is PROCEDURE vs SUBSTANCE. That is what this has always been about. As more courts continue to “rule” on TILA RESCISSION, getting it wrong every time, the effort […]
In answer to questions frequently asked of me, the term “dark pool” was not coined by me nor was it discovered by me as an instrumentality of obscuring financial transactions. I have understood the workings of dark pools since my Wall Street days. But back then, in the 1960’s and 1970’s they were not so […]
As Bill Paatalo (who brought this to my attention) says: “You can’t make this s–t up.” Reality is much stranger than fiction. This marks the point where we have entered the Twilight Zone in law where the rule of law is just a guidepost not to be confused with the real rule of men. Sheila […]
By J. Guggenheim, LendingLies Following the Paper Trail That Doesn’t Exist For nearly a decade, investigator Bill Paatalo has been digging through mountains of bank filings, SEC reports, FDIC data, OCC records, FBI dockets, Attorney General cases, and whistle-blower submissions. His obsession? Finding that elusive sliver of truth that explains how the modern mortgage system […]
One of the first cases I ever handled involved TBW in 2008. As usual they filed a lost note count in their foreclosure complaint. And as is required, they offered to indemnify the homeowner if someone else showed up with the original note. With financial firms dropping left and right, my position was two fold: […]
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