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 |

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 […]

Tags: 1031, CAPITAL ONE, CapOne, Carrington, Christiana, Credit Suisse, Greenpoint, Greenpoint Financial, Headlands Mortgage, North Fork, Personal jurisdiction, REIT, Rushmore, SEC, Stanwich trust, Taffet, Wilmington
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, Servicer |

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. […]

Tags: credibility, evidence, evidentiary hearing, legal presumptions, securitization
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

The plain truth of SAP — Securitization in Practice — is that nobody who paid value received ownership of the debt and nobody who received an instrument of ownership of the mortgage paid value.  Thus SAP — securitization in practice — splits payment of value from ownership of the debt which produces an extra legal […]

Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, legal standing |

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 […]

Tags: Citimortgage, facially valid, Pennymac
Posted in discovery, evidence, foreclosure defenses, Pleading |

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 […]

Tags: ATTORNEY FEES, damages, disgorgement, interpleader, sending documents to servicer, tender of payment, wrongful foreclosure
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading |

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 […]

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

Most of the questions I get come from lawyers and homeowners who are totally confused by the array of names of companies that appear, disappeared and replaced by lawyers operating under instructions from command central — a group of lawyers who oversee the foreclosures of loans claimed to be securitized. They are the ones who […]

Tags: Bank of America, BoNY-MELLON, certificate holders, HSBC, investors, shell game, U.S. Bank
Posted in evidence, Fabrication of documents |

 “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 […]

Tags: acceleration, declaration of default, decleration, statute of limitations
Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

The bottom line is that Chapter 7, 11, or 13 bankruptcy can be effective tolls in defending against unlawful foreclosures, but hey are not magic bullets. Like all legal procedures attempting to navigate them without a licensed legal professional who is a known quantity in Bankruptcy Court, is at the very least hazardous. ===================================== GET […]

Posted in evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |