Archive for 'Uncategorized' Category
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Yes the bane of California-based litigators both attorneys and those in pro per is MERS, and the way California courts State and Federal routinely allow MERS assignments to be sanitized and made legitimate, notwithstanding the many issues with […]
If you want to know what persistence means, go visit Bill Paatalo. This time this Oregon private investigator has found a California statute that applies to many different originators. It seems that once they have been deactivated, nobody is allowed to make a transfer of anything on behalf of the originator unless the originator has […]
major hat-tip to Charles Cox in Nevada. Federal Judge’s response to chicken little argument: [2] RMS argues that enforcing the statute as written would upend the mortgage industry. As noted, lending institutions faced with a notice of rescission have many options to protect their interests and ensure that the borrower is able to tender the […]
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight we talk about mediation and modification. It turns out that mediation, if played properly, can be an excellent opportunity to demonstrate the dubious authority of anyone to initiate foreclosure, or appear at mediation. As for mediation most people do […]
Here is a case in which the court ordered certain parties and witnesses and lawyers to show cause why they shouldn’t be held in criminal contempt for lying to the court about the boarding process. I don’t have time to do more than tell you to read it if your case involves DiTech, Greentree or […]
The bottom line is that everything Taibbi suspected in 2008, everything he knew in his gut was just plain wrong, is only the tip of an iceberg that will continue to affect billions of people worldwide for generations to come. The simple truth, as Bernanke eventually conceded long after government policy had failed the nation […]
Basic Black Letter law: A debt can only be transferred by the owner of the debt. The owner of the debt may use agents or intermediaries to accomplish the transfer of the debt. If an intermediary executes a document of transfer without reference and identification of the owner of the debt, the document has potentially […]
As Charles Marshall just quoted to me “it’s always refreshing when you find a judge who follows the law.” Chase can’t say that the Trust owns the loan since 2006 and that the loan was owned by WAMU in 2008. It can’t be both. And it can only be one allegation that survives — the […]
The answer is yes but the movement of the debt is often, all too often, presumed to have occurred. After more than a decade of research and analysis I find no support for the informal “doctrine” that the debt, note and mortgage can be used interchangeably. But the human inclination is to treat them the […]
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