Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world. The answer is always the same. MERS is…[...]

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Tags: money, note, restitution, title, transfer, TRUTH, unpaid debt
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading |

Most lawyers have dropped out of the game because they don't know how to win or make money. No loss to homeowners who really want to contest a foreclosure based upon lies and fabricated documents. Foreclosure experience is NOT necessary. Trial skills and experience conducting trials (especially jury trials) are best. Personal injury lawyers usually possess these skills. All that…[...]

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BEWARE OF LABELS: THE BANKS AND THE FORECLOSURE MILLS GET AWAY WITH MOST OF THEIR DECEIT BY SIMPLY USING SELF SERVING LABELS. * For example, by labelling something as a servicer advance it presumptively means that it was an advance by a servicer that is die back to the servicer because it was advanced on behalf of the owners and…[...]

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see https://livinglies.me/2019/10/11/update-and-review-of-tila-rescission-15-u-s-c-%c2%a71635-beach-v-great-western-fla-and-beach-v-ocwen-federal/ I think you need to emphasize more that rescission is an event that takes place upon the mailing of the notice of rescission. The error of the lower courts all stems from the fact that they treat TILA rescission as a claim. They either do it directly in direct conflict with the Jesinoski decision or they are doing it indirectly by characterizing the position of the homeowner as pressing a claim under the Truth…[...]

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Having received numerous inquiries regarding Rescission under the Federal Truth in Lending Act, I've decided to provide a short guide. in this article I will not examine types of loans that are subject to rescission. The purpose of the article is to explain how and when TILA rescission can be used. see BEACH v. GREAT WESTERN BANK | FindLaw see Beach…[...]

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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, 6pm Eastern Thursdays Tonight we discuss the strategies and reasons for homeowners to win foreclosure cases. Specifically we look at yet another case where a homeowner did win, hands down game over. see https://livinglies.me/2019/10/09/patrick-giunta-esq-scores-another-homeowner-win-in-south-florida-v-us-bank-trustee-lsf9-master-participation-trust-william-paatalo-expert-testifies/ see also https://www.theindianalawyer.com/articles/reversal-bank-loses-in-lengthy-foreclosure-battle see also https://southfloridalawblog.com/bank-america-illegal-foreclosure-six-million-settlement/…[...]

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How Do Court Reporters Keep Straight Faces? These are from a book called Disorder in the Courts and are things people actually said in court, word for word, taken down and published by court reporters that had the torment of staying calm while the exchanges were taking place. ATTORNEY: What was the first thing your husband said to you that morning? WITNESS:…[...]

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Since we know that most documents presented in foreclosure are inconsistent with other "securitization" documents it is only natural to suspect, assume and then corroborate that there are inconsistent sets of accounting records that are maintained to report different outcomes to the courts, the borrowers, the investors and the holders of contracts between the investment bank and the investors. Lawyers…[...]

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Posted in Corruption, discovery, foreclosure defenses, legal standing, Pleading, Servicer |

Disclaimer: This article is for informational purposes only. It is not legal advice. Always consult with a licensed attorney regarding your specific case. Foreclosure Fraud Still Exists — Even as Volume Declines Although overall foreclosure volume has declined, the number of deficient and even fraudulent cases remains significant. As foreclosure cases continue to move through the courts, more experienced judges…[...]

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Tags: investigator bill paatalo, Patrick Giunta
Posted in foreclosure defenses, legal standing, Pleading |

PRESUMPTIONS VERSUS FACTS The bottom line is that lawyers want to do the best possible job for their client and get the best possible result. They like winning. But sometimes they must protect clients against themselves. It's true there are lazy lawyers out there who take money and don't do the work. But most of them want to win because…[...]

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Tags: legal presumptions
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, legal standing, Pleading |