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…[...]

Continue Reading

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…[...]

Continue Reading

Posted in Uncategorized |

Wells Fargo’s $25,000 “Glitch” Payouts Pennies on the Dollar Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney in your jurisdiction before acting on anything contained herein. The Latest Wells Fargo Scandal Wells Fargo is once again attempting to limit its liability by offering $25,000 settlements to certain homeowners who lost…[...]

Continue Reading

Tags: Wells Fargo Bank, wells fargo fraud
Posted in Wells Fargo |

The entire securitization strategy is thus predicated upon the ability to convince a judge to presume facts, even if they are untrue. The pattern of misconduct revealed in the track record of the major banks could be used to undermine the legal presumptions and force the proof of the loan, purchase etc. BUT the major banks don't often appear as…[...]

Continue Reading

Tags: legal presumptions, undermining legal presumptions
Posted in Corruption, discovery, evidence, foreclosure defenses, Servicer |

Like any other allegation or assertion, it is the party making the allegation or assertion who must prove by a preponderance of the evidence that it is true. Moral of the story --- if you knock just one leg off the stool the entire thing collapses. Bigger moral: YES you can actually win and you ought to win. Scott Staffne…[...]

Continue Reading

Posted in Uncategorized |

Following up on the Neil Garfield radio show last night, Bill Paatalo asked: "So here's the million-dollar question. If the investors who put up the money to either fund the loans or purchase the "underlying" assets have no recourse to go after the collateral, who does?" The current answer is nobody, which is nearly impossible to wrap your head around.  But…[...]

Continue Reading

Posted in Uncategorized |

Thursdays LIVE! Click in to the Neil Garfield Show with Neil F Garfield and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern ThursdaysOK this is another one I contributed to like Quiet Title. Don't try for Quiet Title because you have a 99.99% chance of losing for good reasons that I missed when I first suggested it. Now stop thinking about…[...]

Continue Reading

Posted in Uncategorized |

Ultimately all debts, notes and mortgages (or deeds of trust) are about money. They are not about property. The property is incidental to the deal and ONLY comes about if there is a dispute in which there is a claim that you didn't pay money that is owed to the owner of the mortgage deed or the beneficial owner of…[...]

Continue Reading

Tags: BONY, Chase, follow the money trail, Mellon, owner of the debt, right to foreclose, servicer
Posted in Uncategorized |

Home Affordable Modification Agreement (HAMA) is really a HAMMER. In my discussions with Charles Marshall and Bill Paatalo we frequently analyze and discuss attributes of documents and the underlying real events that occurred, which are often not connected in any manner with  what is written on the documents. One such fact pattern came to our attention and I issued the…[...]

Continue Reading

Posted in Uncategorized |

There is no better way to ruin a holiday or an otherwise happy family than by arguing about politics. I’m sure I am not the only one who has said something like that and I won’t be the last.  Accordingly I have drawn up a set of optional rules and presumptions that I think should apply to political conversation, should…[...]

Continue Reading

Posted in Uncategorized |