TILA Rescission is the law of the land. It is governed by Federal Statute 15 USC §1635 and Federal Regulation (12 CFR § 226.23) each of which have preemptive rights over state law. Federal Statute: 15 U.S. Code § 1635. Right of rescission as to certain transactions (a)Disclosure of obligor’s right to rescind Except as otherwise provided in this section, in the case…[...]

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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   Going back to even 2011 and before, approximately half of the mortgages owned or guaranteed by Fannie Mae were registered in the Mortgage Electronic Registration Systems (MERS). And the loan value on the official books for such…[...]

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While most people didn't notice, all of Wall Street took notice when the New York Governor signed into law a bill that extends the right of the state attorney general to investigate financial crimes and bring actions for equitable relief and damages. Investment  bankers may not be going to jail but they are about to be taken to the cleaners…[...]

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Litigators often miss the point that the foreclosure is brought on behalf of certificate holders who have no right, title or interest in the debt, note or mortgage --- and there is no assertion, allegation or exhibit that says otherwise. ======================================= GET FREE HELP: Just click here and submit  the confidential, free, no obligation, private REGISTRATION FORM. The key to victory…[...]

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Tags: Bank of New York Mellon, certificate holder, CERTIFICATES, HOLDER, Power of Attorney, subject matter jurisdiction, trust
Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

Hat tip: Bill Paatalo Everyone in law enforcement knows that if you  can get suspect to say something he thinks will help him, you have the beginning of a confession or at least an admission against interest. That is why criminal defense lawyers tell their clients to shut up and stay shut up. Here is Fannie Mae in all of…[...]

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A lot of student loan debt ends up being claimed by "Trusts" that are exactly like REMIC trusts except they are not about residential mortgages. And as I have previously pointed out on these pages, the enforcement of those debts has gone through the same process of removing the risk of loss from those who made the loan and the…[...]

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Tags: business records, false affidavits, false business records, false chains of title, servicers, student loan, TRUSTS
Posted in discovery, evidence, Fabrication of documents, legal standing |

Program note: The Neil Garfield Show will not air tonight due to personal and professional time conflicts. As we all continue to fight what we know are wrongful foreclosures we struggle with how to reveal that to a judge in a way that is so compelling that even the most bank biased judge will feel so uncomfortable with the proof…[...]

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The appellate court does not review for purposes of figuring out whether an alternative decision would have been better. They review strictly for the purpose of deciding whether there was any legal basis supporting the judge's decision. If the answer is yes the decision is affirmed. If the answer is no, then the decision is reversed.[...]

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One of the things tying the SEC and the IRS in knots is that the securitization scheme was a scam that is now institutionalized. The Certificates pr "bonds" are not mortgage backed and that means the so-called REMIC trusts are not REMICs. In answer to a question addressed to Bill Paatalo and myself about that I wrote the following: The…[...]

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I keep receiving the same question about finding  a lawyer. People are seeking lawyers that have come to the same conclusions that I have written about on these pages. There are very few of them. A common question is whether I can recommend the lawyer that shares my philosophy. Here is my answer: The first thing to remember is that I…[...]

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