I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center. I think a problem with TILA Rescission is that not even borrowers understand that the rescission issue is over. By asking a court to  make rescission effective…[...]

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Tags: debt, DEED OF TRUST, jurisdiction, Mortgage, note, TILA rescission
Posted in Corruption, foreclosure defenses, legal standing, Pleading |

A little pressed for time writing briefs and pleadings BUT I wanted to address something that is coming up with increasing frequency. Rescission removes jurisdiction of the court. If there is no subject matter jurisdiction, no court can confer jurisdiction on itself by denying a claim or defense based upon lack of jurisdiction over the mortgage and note which are…[...]

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Posted in Uncategorized |

A recent Ohio Court decision makes it clear how courts are clueless and biased. They still asume, despite so much evidence to the contrary that the "Chain" asserted by the banks exists. Hat tip Bill Paatalo "The obligation under the note has not disappeared simply because Fannie Mae is not the party entitled to enforce it.  Where the foreclosing party…[...]

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Posted in Uncategorized |

us-bank-na-v-mattos-sup-ct-hi-no-scwc-14-0001134-jun-6-2017 Note that the courts try to calls balls and strikes not decide, at least on appeal, who should win and then give an opinion that fits. It doesn't always work that way but many courts do follow that simple rule of blind justice. ===================== WORKS: Objection to qualified witness status, no records from the actual claimant, failure to establish…[...]

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Tags: competency, hearsay, Ocwen, qualified witness, Robo-Signing, rules of evidence, US BANK, US Bank records
Posted in Uncategorized |

Thursdays LIVE! Click in to the Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Here is what almost everyone is getting wrong and why it matters: In the run up to the mortgage meltdown, investment banks were described as taking foolish risks, buying loans that were likely or even guaranteed to fail. It's true, some investment banks that…[...]

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Posted in Uncategorized |

First Midwest Bank v Cobo Hat Tip to Daniel Khwaja, Esq. Attorney at Law ph (312)-933-4015  There are several points in this decision worthy of reading and digesting. The principal point interesting to me is that the court correctly decided that an action on a mortgage for nonpayment is the same thing as an action on the note for nonpayment. They…[...]

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Posted in Uncategorized |

Bottom Line: TILA Rescission is looming as a major risk factor to banks and investors who were not informed about the risk of TILA Rescission. The oddity is that the investors were not purchasing the loans and in fact agreed to replace the income stream from borrowers with an income stream from a fake trust. Court decisions are inching closer…[...]

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Tags: Pleading, TILA rescission
Posted in evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

In cases where the CA foreclosure is being filed on behalf of the named Trustee (e.g., US Bank, Deutsch Bank etc.) for the certificates or the certificates holders --- or where the it is ambiguous as to what or who the named trustee is asserted to be representing, there is a form demanding disclosure of the certificate holders and a…[...]

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Tags: CALIFORNIA, deed of trust beneficiaries, FORMS, trust beneficiaries, TRUTH
Posted in legal standing |

This case comes the closest yet to the truth about TILA Rescission. And it requires that TILA Rescission be applied --- if there is an action to enforce within the statute of limitations covering contract actions in the state in which the property is located. The court's conclusion that there must be a statute of limitations is derived from its…[...]

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Tags: jesinoski, Jill Smith, statute of limitations, TILA rescission
Posted in legal standing |

Thursdays LIVE! Click in to the Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Today with Bill Paatalo we will discuss the Illinois Supreme Court case of Financial Freedom Acquisition LLC (One West Bank, N.A., Appellee) v. Standard Bank and Trust Co et al., Appellant. This case has many elements of interest to…[...]

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