The very idea of two huge Bank competitors naming each other as attorney in fact defies common sense --- if they were dealing with anything real. The use of "attorney in fact" is merely a ruse in order to bridge gaps in the facial validity of documents being used in foreclosure. It also is used to create the illusion that the grantor owned the asset over which the power…[...]

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Tags: Attorney in fact, Chase, Credit Suisse, DEUTSCHE BANK, Power of Attorney
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If you don't completely understand your defense narrative, neither will the judge! If you don't have a defense narrative in mind, you don't have a defense.  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 The defense narrative is a blueprint for guiding the strategies…[...]

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The normal loan agreement is based upon certain accepted and presumed elements. The borrower desires to borrow money, he/she gets a loan of money and signs documents in favor of the lender setting forth the terms of repayment. The lender, who is responsible under TILA for the viability of the loan, makes the loan with the expectation of being repaid…[...]

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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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