Corruption evidence expert witness Fabrication of documents foreclosure defenses legal standing Pleading Servicer
PTSD: A Breakdown of Securitization in the Real World
Mar 18, 2019
By using the methods of magicians who distract the viewer from what is really happening the banks have managed to hoodwink even the victims and their lawyers into thinking that collection and foreclosure on "securitized" loans are real and proper. Nobody actually stops to ask whether the named claimant is actually going to receive the benefit of the remedy (foreclosure)…[...]
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The following article struck my attention because it is a nearly exact replica of false claims of securitization. Bottom Line: They can't all own the cow. Anyone who understands securitization fail or false claims of securitization will see the parallels. Same Cows Sold to Multiple People CORSICA, S.D. — A report filed last week shows a man involved in a…[...]
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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Both lawyers and homeowners often ignore CHBOR and similar statutes in other states. Because borrowers who feel screwed by the banks are reluctant to pour good money after bad, they don't pay to have even basic research performed…[...]
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Homeowners lose for many reasons, but the main one, if they defend at all, is that they mistake substantive law as the only thing that matters. If that were the case, any computer would make the decision in all cases. They don't. DONATE to LivingLies Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests…[...]
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There is an excellent post by Michael B. Schwegler in Tennessee on the whole issue of whether the statute of limitations can be extended to the date that the breach of duty was discovered. Schwegler's post clearly enunciates the position of the Supreme Court of Tennessee. In my opinion it also articulates the way that most courts look at tolling when it…[...]
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Unworthy Trusts
Mar 12, 2019
The simple fact is that the REMIC trusts do not exist in the real world. The parties named as trustees --- e.g. US Bank, Deutsch, BONY/Mellon --- are trust names that are used by permission through what is essentially a royalty agreement. If you are dealing with a trust then you are dealing with a ghost. Discovery is the way…[...]
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Stop Referring to Defaults as Something Real
Mar 11, 2019
Referring to the default as real, but with an explanation of how it is subject to rationalization or argument, completely undermines your argument that they have no right to be in court, to collect, to issue notices or initiate foreclosure. ...when you refer to the default, you should refer to it as a false claim of default because at no…[...]
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LISTEN TO THIS EPISODE OF THE NEIL GARFIELD SHOW 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 Hi Neil Garfield here and this is Thursday March 7th, 2019. Bill Paatalo joins me tonight since he has done so much work on this topic as a very capable…[...]
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LEGAL STANDING IS ABOUT WHETHER THE NAMED CLAIMANT EXISTS AND WILL, IF SUCCESSFUL, RECEIVE THE BENEFITS OF PREVAILING ON ITS CLAIM. IF THAT IS NOT TRUE, THERE IS NO VALID CLAIM. 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 After 12 years of thinking and analysis I…[...]
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The bottom line is that facts --- or absence of required facts --- is what persuades the judge. The value of good investigation and case analysis lies not in the opinion of the writer of the report but in the usefulness of the facts that are revealed or, more importantly in foreclosure cases, the usefulness of revealing facts that should…[...]
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