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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Thursdays LIVE! Click in to current episodes of Co-Hosts Charles Marshall and Bill Paatalo or prior episodes Or call in at (347) 850-1260, 6pm Eastern Thursdays *******************************   Today's Show involves two important topics: 1. First Circuit US Court of Appeals case, Thompson v. Chase, in which the appellate court reversed the lower district court, essentially strictly construing the Mass. judicial foreclosure statutory…[...]

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Anyone who knows about foreclosure litigation and securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued. For nearly all loans the central command was Lender Processing Systems, aided by DOCX. While DOCX is technically…[...]

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Tags: Black Knight, Docx, LPS, US BANK
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

Wisconsin Statutes, Chapter 134, 134.15 “Issuing and using what is not money; contracts void. (1)Any person who shall knowingly issue, pay out or pass, and any body corporate, or any officer, stock holder, director or agent thereof who shall issue, pay out or pass, or receive in this state as money or as an equivalent of money, any promissory note,…[...]

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  THE CLAIM FOR HOMEOWNER ROYALTIES It is like any hedge contract. The buyer of the hedge contract is the investment bank, sometimes working through sham conduits. It is saying it wishes to ensure stability of its "portfolio." It provides triple agency rating and "insurance" from AIG for instance while at the same time buying insurance from  AIG based on…[...]

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Tags: IMPLIED CONTRACT, ROYALTIES, TILA Claims, UNDISCLOSED COMPENSATION
Posted in securities fraud |

Hello, Neil Garfield here and this is Thursday May 30, 2019. As everyone knows who is involved in foreclosure litigation, things are not what they appear. And revealing the absence of facts that would constitute legally required foundation for the introduction of key elements of a case is the key to beating back fraudulent foreclosures. Every lawyer should carefully examine…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield Call in at (347) 850-1260, 6pm Eastern Thursdays I'm revealing tonight the specific structural analysis I use and which the LivingLies team uses under my direction to analyze the facial validity of documents that are being used to initiate fraudulent, yet legally effective foreclosures and sales…[...]

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So many people have asked questions about the CONSULT that I decided to make a blog article about it to avoid answering the same questions repeatedly. * ONLY A COURT ORDER ISSUED BY A STATE OR FEDERAL COURT CAN STOP A FORECLOSURE SALE. THIS IS USUALLY DONE BY PETITION FOR TRO OR BY FILING A PETITION FOR BANKRUPTCY (if you…[...]

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