I'm getting questions about moratoriums etc. Here are the best answers I can give. There is no moratorium --- at least not yet. There are increasing reports about sheriffs delaying forcible removals from homes simply because of the risk to the sheriffs and the risk to the communities of displacing people from their homes and all their belongings. Many courthouses…[...]

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It will take a political movement to force the state bar associations to address this issue. Bill Paatalo writes: Just filed by Russ Baldwin to the Oregon Supreme Court. The excerpts by the court are priceless. Here the court flat out catches the bank lawyers lying to the court and providing false declarations, yet signs off anyway. Up the chain…[...]

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Success in fraudulent foreclosures meant that the winners had to launder the corrupted title, so they sold it to hedge funds who then outsourced the renting to still other firms who in turn outsourced the rights to still other firms. That is exactly the same "formula" used by the banks when they started securitization, with "trustees." "trusts", "master servicers", "subservicers"…[...]

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Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260 3PM PDT, 6PM EDT Bill Paatalo discusses on the Show today a case out of the judicial foreclosure state of Kentucky, in which the Defendant has countersued the foreclosing 'Trust'--Christiana Trust, A Division of Wilmington Savings Fund Society, FSB. See…[...]

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In a recent case decided in the State of Washington, the Judge correctly stated the elements of good discovery requests, the reasons for overruling objections to discovery and the reasons for sustaining objections to discovery: In response to the interrogatories, Plaintiff raised broad objections and did not provide any of the requested information. (See id. at 38-43.) She also indicated…[...]

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Foreclosures are based on illusion. If the debt is subject to claims of securitization there is no bank --- by definition. That's not an opinion. It is a fact. As soon as you allow use of that word "Bank" you are adding to the illusion that you owe money to a bank. You don't. Refer instead to "the claimant" or,…[...]

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Shame and ignorance prevents a homeowner and frequently their lawyer from responding intelligently to that question often posed by the Judge in foreclosure cases. The judge's question is perfectly reasonable. If you are saying you didn't sign anything then the entire case is different than the usual case. He or she wants to know. If you admit to signing papers…[...]

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Disclaimer: This article is for educational purposes only and not legal advice. Always consult with an attorney licensed in the jurisdiction of your case. Clearing Up the Confusion About DBNTC Several readers have pointed out that I previously misstated the status of Deutsche Bank National Trust Company (DBNTC). Let me clarify. DBNTC does exist. It is the successor to Banker’s…[...]

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Posted in discovery, foreclosure defenses, legal standing |

The recent denial of certiorari by SCOTUS of a clear case that was a virtual mirror of the case presented in 2015 in Countrywide v Jesinoski, shows that the courts are  going to deny rescission rights under 15 USC §1635. This leaves borrowers naked in the wind. There is no longer any effective enforcement mechanism for the hard fought rights…[...]

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Almost everyone thinks they have a basic understanding of the securitization of residential debt. They don't. Here is a basic primer to organize your thinking on the subject. Remember this only applies to securitization of residential debt and not to other things like stock IPOs etc. SIT: Securitization in Theory. Simple: Asset is owned by issuer. Issuer divides ownership into…[...]

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