A sham affidavit is one that asserts facts that are inconsistent with facts alleged in pleadings or previously proffered in discovery, prior affidavit or proffered documents. This happens a lot in foreclosure cases when foreclosure mills file motions for summary judgment. They often casually change the claimant by reference or name adding some power of […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Motions, Pleading, Servicer |

The most obvious places to look for correction in the illegal conspiracies masquerading as securitization of residential debt were the IRS , the SEC, the FDIC and the FTC and probably later the CFPB. Qui tam (whistleblower) actions were regularly dismissed because the agency that lost money due to false claims rejected the notion that […]

Tags: CFPB, FDIC, FTC, investment bank, REMIC, RMBS, SEC, trust
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

The reference to “adverse possession” in any of these cases is not about legally changing title due to the statute of limitations enabling adverse possession. I know what that looks like. Possession that is adverse is not the legal definition of the statute governing “adverse possession”. Not even close. In this case the court was […]

Tags: adverse possession, statute of limitations
Posted in discovery, foreclosure defenses, legal standing, Motions, Pleading |

https://www.nytimes.com/2020/04/21/business/mortgage-investors-coronavirus.html?referringSource=articleShare By failing to require a credit to homeowners when the Federal government makes payments on claimed obligations, the bailout is simply adding to profit of investment banks, servicers and foreclosure mills. They are eating their cake and having it too. Obligations are paid off but their claim against homeowners remains unchanged. Sign Petition to […]

Posted in Corruption, discovery, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. The problem is not the judges. The problem is the lawyers who walk into court believing that the loan is real, claimant is real, the claim is real and that they are only looking for technical ways to get their client out of a […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Motions, Pleading, securities fraud |

Just because a power of attorney appears to be facially valid doesn’t  mean that it IS facially valid, nor that it is substantively valid. Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. Powers of Attorney are part of the strategy engineered by investment banks on Wall Street. Here is the problem with […]

Tags: Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, securities fraud, Servicer |

The first and foremost thing about this is that where any loan is subject to claims of securitization, that claim is false. So no investor ever  bought any loan, debt, note or mortgage. Not ever. All documents claiming to memorialize such transactions are false. So the designated claimant has no claim. To win these cases […]

Posted in Corruption, discovery, foreclosure defenses, foreclosure mill, 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 |

STOP ADMITTING THINGS YOU KNOW NOTHING ABOUT. STOP USING WORDS YOU KNOW NOTHING ABOUT. * OK so let’s address that. It is quite natural to think that in ordinary circumstances that a loan was made and therefore some amount of money is due to somebody. So how do we address that natural bias? Allow me […]

Posted in Corruption, evidence, Fabrication of documents, foreclosure defenses, Pleading, Servicer |

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 |