While this case could have the effect of barring all those cases that are over 6 years old (NY Statute) where acceleration occurred, it does nothing in those jurisdictions like Florida that have twisted logic to create a virtual deceleration allowing the statute of limitations to continue running. The logic and precedent cited by this NY court, Appellate Division, is…[...]

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Departing from my usual format, there are a few things I want to say to people who are looking for relief from foreclosure and are hearing what they want to hear. ONLY A COURT ORDER CAN STOP A FORECLOSURE. THERE ARE NO EXCEPTIONS YOU CAN'T GET A COURT ORDER UNLESS YOU FOLLOW THE RULES AND THE LAW. NOBODY HAS EVER…[...]

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

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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Tags: ABS, AIG, CERTIFICATES, derivatives, Fitch, Goldman Sachs, MBS, Moody, securitization, Servicer advances, Standard and Poor
Posted in Corruption, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

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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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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Tags: BONY, community banks, Deutsch, HSBC, LaSalle bank, Mellon, risk assessments, US BANK, Zuni
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

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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Tags: BoNY-MELLON, default, Deutsch, notes, principal, recovery, security, transfer, TRUTH, US BANK
Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, Servicer |

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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