Archive for 'Uncategorized' Category
Aug 31, 2021

There are two answers: First there is what everyone reasonably believes to be a servicer and then there is a the statutory definition of a servicer. see https://www.consumerfinance.gov/rules-policy/regulations/1024/2/#b-29-7 Most people think of a “bookkeeper.” A servicer ought to be a party who physically receives the check for payment and deposits into an account owned and […]

Aug 30, 2021

the entirety of what is labeled as the securitization infrastructure is based upon a report that says something like this: “Here is our assessment of our own discretionary report regarding homeowner behavior in making payments that were scheduled but which are not due (at least not to us).” If there exists a trough full of […]

Aug 27, 2021

The current foreclosure marketplace consists almost entirely of “next claimants”  without successors. the task of the legal practitioner or pro se homeowner is to attack the facial validity at the earliest possible time if for no other reason than to layout for the judge the defense narrative and then to test and reject the documents […]

Aug 26, 2021

Thursdays LIVE! Click or Call in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Bill will discuss on the Show today how a blanket lien granted by the OTS just prior the WAMU BK receivership of 2008 was used by the FDIC to […]

Aug 25, 2021

Stop talking about it. It is a distraction from the real facts — that the claimant has no claim and may not even exist. Don’t pay any money to anyone who promises a quick fix to your foreclosure problem. It can only be successful if you are willing to engage in a ground war against […]

Aug 25, 2021

The hearsay rule and exceptions to it are deceptively simple. It is the application of the rule and exceptions that are complicated. The bottom line is that companies posing as servicers may not produce a witness to provide testimony that is the foundation for introduction of documents if the company was not directly involved in […]

Aug 24, 2021

The musical chairs element of parties and instruments is designed to confuse homeowners and lawyers and suppress challenges. It is part of the Wall Street playbook becasue it works without challenge.  Contrary to the conception held by most lay people, an assignment of mortgage does not get created, executed, delivered, or recorded out of thin […]

Aug 23, 2021

There are only two times the transaction with homeowners is characterized as a loan. First when the homeowner signed the documents, thinking it was a loan. Second when the players come back to the table with false claims for enforcement — in plain violation of the condition precedent set forth by statute in adopting Article […]

Aug 20, 2021

The product being sold by OCWEN FINANCIAL SERVICES is its common stock — and probably its integrity * At least the Titanic has historical and maybe even archaeological significance. * Let’s be clear. The product being sold by OCWEN FINANCIAL SERVICES is its common stock — and probably its integrity (if it ever had any). […]

Aug 19, 2021

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays * Regular people think that going to court is winning a point and finding vindication in the judgment of the court. But lawyers know that going to court is all about keeping in […]