While I have often expressed my opinions regarding how to conduct discovery, the article written by Donna Welch, Esq., and Kaitlin L. Coverstone of Kirkland and Ellis LP in Chicago Illinois presents a clearer and more concise blueprint for planning and executing discovery. see SHAPING DISCOVERY Some notable quotes: Have a strategy. Rather than sending a huge number of overly broad requests…[...]

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Without naming names, I recently responded to an email insisting that I take judges to task for "bad rulings." I've been a trial lawyer for more than 42 years, tried over 2,000 cases and I have reviewed the results of more than 10,000 foreclosure cases. While "bad rulings" are common they are neither produced by incompetence or corruption. Most bias…[...]

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Thursdays LIVE! Click in to WEST COAST The Neil Garfield Show Hosted tonight by Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Robosigning is the act of placing a signature on a document on behalf of a person who knows nothing about the document, and who probably has no authority to perform the act that…[...]

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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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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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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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