Fundamentally you must understand that the investment banks want you and everyone else to look only at the payments history — not the debt, who owns it and whether anyone suffered a loss resulting from any lack of payment by the homeowner. * Their strategy is to get the court to presume that in the absence of […]

Posted in Corruption, discovery, Eviction, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

Like citizenship in this country litigation is not easy. We keep banging our heads against the same wall expecting a different result. We need a strategy that directly addresses the inescapable realities of every homeowner transaction and every securitization cycle. My substantive analysis of the transaction is that the homeowner was drafted into a securitization scheme […]

Posted in Corruption, discovery, Eviction, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud |

Governor Ron DeSantis (R) Florida, issued a new order extending the moratoriums on foreclosures and evictions. * The investment banks on Wall Street like this turn of events because they no longer need to lie orally to homeowners in order to get them to fall behind in payments. Their goal is foreclosure and eviction mostly […]

Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |

Francesca Mari in the JUNE 11, 2020 ISSUE of The New York Review of Books, has written a truly excellent piece on a book called “Homewreckers” by Aaron Glantz.  If you ever had any doubt about whether homeowners have the moral high ground and whether the investment bankers have no moral or legal grounds for […]

Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, 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 |

The bottom line is that foreclosures are all about collecting on unpaid debt. The only party who can initiate foreclosure proceedings that will force the sale of title to the home and then forcibly dispossess the homeowner is a party who owns the debt, is injured by nonpayment and who receives the proceeds of foreclosure […]

Tags: UCC 9-102, UCC 9-203, UCC 9-308
Posted in discovery, Eviction, evidence, foreclosure defenses, legal standing, Pleading |

Disclaimer: This article is for informational purposes only. It is not legal advice. Always consult with a licensed attorney about your specific situation. Big Win in San Diego Hat tip to attorney Stephen Lopez, Esq. for securing a significant ruling in San Diego. This case adds to a growing body of decisions where judges take […]

Posted in Eviction, evidence, legal standing |

In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments. The legacy of the mortgage meltdown and the brainless government policies that let the banks get away with what they […]

Tags: Buffalo foreclosures, claimant, debt ownership, equity, foreclosure proceeds, injured party, New Jersey foreclosures, securitization, US BANK, Wells Fargo
Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, legal standing, Modification, Servicer |

I have been getting the same questions from multiple attorneys and homeowners. One of them is preparing a brief to the U.S. Supreme Court on rescission, but is wondering, as things stand whether she has any right to sue for damages. When our team prepares a complaint or other pleading for a lawyer or homeowner […]

Tags: 15 USC §1635, class action, injunctive relief, jesinoski, mass joinder, supplemental relief, TILA rescission, title after rescission
Posted in Corruption, Eviction, evidence, foreclosure mill, legal standing, Motions, Servicer |