We are inundated with requests for help. We will try to get to each request in timely fashion but in the meantime perhaps this post will be of some assistance. Most people start off by bringing to us a case that is already in progress. But for those whose case is just starting this article should prove useful. * I…[...]

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see http://www.ipsnews.net/2019/06/financialization-promotes-dangerous-speculation/ This was originally hailed as a brilliant financial innovation as US Fed chair Alan Greenspan believed that CDOs transferred risk from banks to investors able and willing to take it on. But securitization not only increased systemic risks, but also did not reduce risk to the originating banks who had sold off the loans. The US subprime mortgage crisis,…[...]

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The wording of the decision strongly suggests that whether the claimant is US Bank, Deutsch or BONY Mellon et al, the third party who is actually paying the lawyer must be disclosed --- at least if the homeowner asks. Given the nature of the role that the alleged Trustee plays --- i.e., none except to give the appearance of institutional…[...]

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

It is currently up to the homeowner to forcefully and convincingly persuade a judge that the party seeking foreclosure is unrelated to the debt and that foreclosure won't result in paying down the debt --- because the proceeds of foreclosure sale, contrary to popular assumption, are not going to any owner of the debt carrying a risk of loss on…[...]

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Lawyers and pro se litigants continue to ignore the basics when mounting a challenge to foreclosures in which US Bank is asserted to be a trustee of a name that is then treated as though it was trust or REMIC Trust. If you look closely, the name is word salad, containing references or names to several named entities and other…[...]

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Tags: BoNY-MELLON, court costs, Deutsch, LaSalle bank, recovery, trust, trustee, US BANK
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

Thursdays LIVE! Click into the Neil Garfield Show with Neil Garfield or prior episodes Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight we talk about how to be persuasive in court so that the Judge realizes that the foreclosure might not result in any proceeds being used to pay down the debt. Everything else is important but secondary. Until lawyers…[...]

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For those straining to find a way to categorize mortgage loans as securities I offer this based upon my licensing, training and experience as a Wall Street Broker and Investment Banker and as an attorney who has practiced law, including securities law for over 42 years. You are climbing the right tree but you are on the wrong branch, in…[...]

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Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, legal standing, securities fraud, Servicer |

Another case showing shifting attitudes toward illegal foreclosures. At the trial level there have been many such decisions, some with an expanded finding of fact showing that the foreclosure was a sham. On appeal, the courts were always looking for ways to sustain the foreclosure; they still do that but more and more appellate courts are starting to understand that…[...]

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Tags: Chase, JP Morgan, Pennymac
Posted in Corruption, evidence, foreclosure defenses, legal standing, Pleading, Servicer |

Total hat tip to Bill Paatalo There are two takeaways of major significance here. Review of electronic records is not review of original records. POssession of note does not mean that debt was paid for or transferred. https://law.justia.com/cases/new-york/appellate-division-third-department/2019/526630.html We're getting closer and closer to the truth when the high courts begin to demand and require proof; a burden they cannot…[...]

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No lawyer is an expert in everything. Every case is a learning experience for the lawyer. That includes me despite my extensive background in law and finance. All successful litigators will tell you that there is a subjective factor is the deciding issue in all litigation --- passion, persuasiveness and knowledgeable plan of the litigator to get to a desired result.…[...]

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