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A little pressed for time writing briefs and pleadings BUT I wanted to address something that is coming up with increasing frequency. Rescission removes jurisdiction of the court. If there is no subject matter jurisdiction, no court can confer jurisdiction on itself by denying a claim or defense based upon lack of jurisdiction over the […]
A recent Ohio Court decision makes it clear how courts are clueless and biased. They still asume, despite so much evidence to the contrary that the “Chain” asserted by the banks exists. Hat tip Bill Paatalo “The obligation under the note has not disappeared simply because Fannie Mae is not the party entitled to enforce […]
us-bank-na-v-mattos-sup-ct-hi-no-scwc-14-0001134-jun-6-2017 Note that the courts try to calls balls and strikes not decide, at least on appeal, who should win and then give an opinion that fits. It doesn’t always work that way but many courts do follow that simple rule of blind justice. ===================== WORKS: Objection to qualified witness status, no records from the […]
Thursdays LIVE! Click in to the Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Here is what almost everyone is getting wrong and why it matters: In the run up to the mortgage meltdown, investment banks were described as taking foolish risks, buying loans that were likely or even guaranteed to fail. It’s […]
First Midwest Bank v Cobo Hat Tip to Daniel Khwaja, Esq. Attorney at Law ph (312)-933-4015 There are several points in this decision worthy of reading and digesting. The principal point interesting to me is that the court correctly decided that an action on a mortgage for nonpayment is the same thing as an action on […]
Thursdays LIVE! Click in to the Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Today with Bill Paatalo we will discuss the Illinois Supreme Court case of Financial Freedom Acquisition LLC (One West Bank, N.A., Appellee) v. Standard Bank and Trust Co et al., Appellant. This case has […]
Like any other allegation or assertion, it is the party making the allegation or assertion who must prove by a preponderance of the evidence that it is true. Moral of the story — if you knock just one leg off the stool the entire thing collapses. Bigger moral: YES you can actually win and you […]
Following up on the Neil Garfield radio show last night, Bill Paatalo asked: “So here’s the million-dollar question. If the investors who put up the money to either fund the loans or purchase the “underlying” assets have no recourse to go after the collateral, who does?” The current answer is nobody, which is nearly impossible to […]
Thursdays LIVE! Click in to the Neil Garfield Show with Neil F Garfield and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays OK this is another one I contributed to like Quiet Title. Don’t try for Quiet Title because you have a 99.99% chance of losing for good reasons that I missed when I […]
No trust and no investor ever received the money. Chase got it and lest you forget, remember that Chase was all about selling loans and derivatives based upon loans and synthetic derivatives based upon the derivatives. It was never about actually making loans where Chase could lose money or buying loan as that were going to be worthless of worth less. It was about selling them. So the revelation is that BONY never had a claim to the money and either did the nonexistent trust that was ignored once the foreclosure court proceedings were over.
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