If you want to know what persistence means, go visit Bill Paatalo. This time this Oregon private investigator has found a California statute that applies to many different originators. It seems that once they have been deactivated, nobody is allowed to make a transfer of anything on behalf of the originator unless the originator has settled all tax liabilities. The…[...]

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major hat-tip to Charles Cox in Nevada. Federal Judge's response to chicken little argument: [2] RMS argues that enforcing the statute as written would upend the mortgage industry. As noted, lending institutions faced with a notice of rescission have many options to protect their interests and ensure that the borrower is able to tender the loan proceeds. Most obviously, creditors…[...]

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Tags: 15 USC §1635, jesinoski, right to rescind, TILA rescission
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Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight we talk about mediation and modification. It turns out that mediation, if played properly, can be an excellent opportunity to demonstrate the dubious authority of anyone to initiate foreclosure, or appear at mediation. As for mediation most people do not realize that mediation is…[...]

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Here is a case in which the court ordered certain parties and witnesses and lawyers to show cause why they shouldn't be held in criminal contempt for lying to the court about the boarding process. I don't have time to do more than tell you to read it if your case involves DiTech, Greentree or Ocwen. Notable reference: more than…[...]

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The bottom line is that everything Taibbi suspected in 2008, everything he knew in his gut was just plain wrong, is only the tip of an iceberg that will continue to affect billions of people worldwide for generations to come. The simple truth, as Bernanke eventually conceded long after government policy had failed the nation and the world, is that…[...]

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You need a lawyer who can sell it.[...]

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Basic Black Letter law: A debt can only be transferred by the owner of the debt. The owner of the debt may use agents or intermediaries to accomplish the transfer of the debt. If an intermediary executes a document of transfer without reference and identification of the owner of the debt, the document has potentially fatal defects. Parole evidence may…[...]

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Tags: enforcement of mortgage, enforcement of note, transfer of debt, TRUTH, UCC Article 3, UCC article 9
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As Charles Marshall just quoted to me "it's always refreshing when you find a judge who follows the law." Chase can't say that the Trust owns the loan since 2006 and that the loan was owned by WAMU in 2008. It can't be both. And it can only be one allegation that survives --- the "first sale." Let us help…[...]

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Tags: ChaseWAMU, Deutsch, MA, Starkey case
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The answer is yes but the movement of the debt is often, all too often, presumed to have occurred. After more than a decade of research and analysis I find no support for the informal "doctrine" that the debt, note and mortgage can be used interchangeably. But the human inclination is to treat them the same. In foreclosure defense it…[...]

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Tags: Article 3 UCC, article 9 UCC, assignment, debt, DEED OF TRUST, merger doctrine, Mortgage, note, self-serving statements, transfers, TRUTH
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Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Contrary to popular belief bias is neither grounds for recusal nor a basis for appeal in and of itself. But if you can show that the judge prejudged the case (i.e., made a decision before he/she heard any evidence, then you have some…[...]

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