Why is everyone using your name in foreclosures? A client who is pursuing an action against Bank of New York Mellon is properly refusing to admit or acknowledge that a trust exists and even if it does whether the trust has ever owned the debt --- because without the debt a conveyance of an interest in the mortgage or deed…[...]

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This is how you determine if anyone owns loans: Does the named entity actually legally exist? Is it registered anywhere? Has the entity received a facially valid conveyance of ownership of the mortgage or beneficial interest? Did the conveyance (assignment) also assign the debt? Did the entity enter into a transaction in which it paid value in exchange for ownership of…[...]

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FOR IMMEDIATE RELEASE: February 20, 2020 MEDIA CONTACT: Office of Communications Tel: (202) 435-7170 CFPB TO HOST SYMPOSIUM ON FEBRUARY 26 WASHINGTON, D.C. – The Consumer Financial Protection Bureau (Bureau) announced today that it will hold a symposium on Consumer Access to Financial Records and Section 1033 of the Dodd-Frank Act on February 26, 2020 at 9:30 a.m.  The event will be…[...]

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See U.S. Supreme Court ruling in Ritzen Group, Inc. v. Jackson Masonry, L.L.C., 2020 WL 201023 (U.S. Jan. 14, 2020) I think this latest ruling means that for homeowners who win that motion the foreclosure mill is stuck unless they successfully appeal within 14 days. It also means that if the ruling is to lift the stay the same 14…[...]

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The obvious import of these memos is that Deutsche wants to be able to claim plausible deniability. But secondarily it places responsibility on servicers to have knowledge that they often disclaim in court. Without that knowledge and the testimony about securitization, there is a lack of foundation that should be the subject of an objection in court and even in…[...]

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Expert Witness Testimony in Foreclosure Cases: Fact vs. Opinion Disclaimer: This article is for educational purposes only and is not legal advice. Always consult a licensed attorney in your jurisdiction before relying on these ideas in your own case. Courts often remind us that excluding expert testimony is a “drastic remedy.” But what they don’t say out loud is just…[...]

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Tuesday’s award was only the second granted in arbitration to Stanford investors who have brought complaints against Pershing, the Bank of New York Mellon-owned clearing firm that worked with the firm from 2006 through its February 2009 shutdown. The investors bought certificates of deposit from a Stanford-controlled bank that proved worthless. (e.s.) see https://advisorhub.com/pershing-ordered-to-pay-5-6-mln-to-victims-of-stanford-ponzi-scheme/[...]

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WHAT IS EVIDENCE? 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 Tonight I am commenting directly on about one dozen submissions to me, mostly from pro se litigants who have submitted affidavits, declarations and exhibits only to have the judge completely disregard them as either not…[...]

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The law needs to be changed to permit securitization schemes to designate a specific receiver or player to act as the real party in interest --- or there will continue to be an absence of such real parties. Without that the debt can never be legally retired even if paid off to some securitization player. The courts lack jurisdiction (authority)…[...]

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In our wild West society it is possible  for almost anybody to scam almost everybody. This is because most people lack the information to know whether an offer is real or fake. As a result they tend to "hire" people who tell them what they want to hear. And in foreclosure situations, what they want to hear is that the…[...]

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