One common thread in the emails I receive is the complaint that the borrower's lawyer failed to agree or find that the the debt, note  or mortgage was owned by a trust. The reason for that is that in order for "the trust" to be the owner of the debt, it must exist. In most cases, if you look carefully…[...]

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Client goes into the office of an attorney and tells him/her that a notice of rescission was sent. The attorney without studying the issue says the rescission never happened. And so it goes. In my opinion once the time limits have expired on claims arising from TILA (which includes the debt) the county recorder should remove the encumbrance from the…[...]

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The answer is complicated. On its face and on its own the answer is obvious: since MERS never has any ownership of the debt or the note, it cannot transfer either one. It specifically disclaims such interests on its website and all agreements in which it is a party. Since it has nothing to convey it conveys nothing even in…[...]

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Recent articles are beginning to take seriously what homeowners have been saying for more than a decade --- that a separate set of rules applies to foreclosures that are biased against consumers, borrowers and homeowners. Those "new" rules are a departure to the rules of due process, evidence and burden of proof in every other civil action. Now movements are…[...]

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Bill Paatalo in his unrelenting search for doctrine that covers the widespread fraud confronting borrowers of all types including especially homeowners, has found some old English common law concepts that do have some application in today's chaos in the courtroom. His question related to the Latin doctrine Nul Tiel Record. ============================== Let us help you plan for trial and draft…[...]

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The lesson is keep your eye on the ball. The natural human reaction to an affidavit is to assume it is true. We assume that it would not be submitted if the lawyers knew it wasn't true. And in most cases people don't lie in affidavits. But they do mislead sometimes by leaving out context. And then there are affidavits…[...]

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Tags: affidavits, Caliber, default, LSF9 Master Participation, Wells Fargo Bank
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

In an increasing number of foreclosure cases, homeowners are going head to head with the lawyers who file claims on behalf of entities on the basis of fabricated and/or forged instruments that in many cases were also recorded in county records. Lawyers like Dan Khwaja in Illinois are getting clearer and clearer about it. They hire experts who understand exactly…[...]

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Tags: AIG, BEAR STEARNS, BoNY-MELLON, Dan Khwaja, Lehman Brothers, notes, original notes, transfer, Wells Fargo
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

SubTopic: What Happens if MBS Are Not Backed by Mortgages? How does that play out in foreclosure litigation? Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Co-Hosted by Neil Garfield and Charles Marshall, Esq.  with Bill Paatalo, PI And Special Guest Russell Baldwin Call in at (347) 850-1260, 6pm Eastern Thursdays Russ Baldwin has some special insights into a…[...]

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It is universally accepted that a mortgage or deed of trust may not enforced except by the owner of the actual debt. The debt exists regardless of whether it is in writing or not. While a promissory note might be enforced by a party who does not own the debt (Article 3 UCC), forfeiture of a homestead requires that the mortgage be enforced by the…[...]

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Tags: enforceable, facially invalid, facially valid, prima facie case
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

The following article is not a legal opinion upon which you can rely. Hire a lawyer at least as a consultant before acting on anything contained herein. Building a Winning Foreclosure Defense: Why Narrative and Legal Research Matter Disclaimer: The following is not a legal opinion. Always hire a licensed attorney in your jurisdiction — at least as a consultant…[...]

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Posted in foreclosure defenses, Foreclosure Questions |