Thanks to one of our paralegals I just discovered an explanation of securitization with which I mostly agree. An interesting question is raised on the link below and that deserves research and analysis --- whether the banks should disgorge their enormous profits from the multiple resales of the same loan and pay that, at least in part, to homeowners. In…[...]

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Posted in Uncategorized |

Bill Paatalo brought this provision to me attention again. It gives a virtual checklist for discovery: All DOCUMENTS regarding the National Consent Judgement’s (CONSENT ORDER) “Settlement Term Sheet (I)(A)(4) which reads as follows: Servicer shall have standards for qualifications, training and supervision of employees. Servicer shall train and supervise employees who regularly prepare or execute affidavits, sworn statements or Declarations. Each…[...]

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Tags: national settlement, sworn statements, training by servicer, written records
Posted in Corruption, discovery, evidence, Fabrication of documents, Servicer |

Just the Facts, Ma'am! Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, California attorney and Bill Paatalo, private investigator, discuss the implications of two Hawaii cases that are mirroring other decisions across the country. Hawaii Schranz Case Hawaii St. John Case The above links go to two recent Hawaii…[...]

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Tags: BoNY-MELLON, legal presumptions, PROOF, summary judgment, US BANK
Posted in Uncategorized |

I know I am going to take some heat for what I am about to say. In my opinion "getting it on the record" is an excuse for losing and implies that the judge's decision was wrong and can be appealed when in fact the judge's decision was correct and will be easily affirmed on appeal. Clients and lawyers and…[...]

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Posted in discovery, foreclosure defenses, Pleading |

There is a great deal of conflict and confusion in the world of foreclosure defense about the prospect of modification. It is obvious that approvals are random only to create the impression that an entire system devoted to foreclosing on as many homes as possible is purportedly attempting to work with homeowners. We all know that we are dealing with…[...]

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Tags: BONY, BoNY-MELLON, modification, servicer
Posted in Uncategorized |

multiple choice robo-pleading NO PLEADING: HOMEOWNER WON ANYWAY I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named as a REMIC Trust, for…[...]

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Tags: diversity jurisdiction, federal jurisidiction, OneWest Bank, standing, subject matetr jurisdicition, TRUSTEES, TRUSTS, TRUTH, US BANK
Posted in discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Motions, Pleading |

THE HIDDEN STRATEGIES OF MODIFICATION Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays   There is a great deal of conflict and confusion in the world of foreclosure defense about the prospect of modification. It is obvious that approvals are random only to create the impression that an entire system devoted…[...]

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Posted in Uncategorized |

Most people really don't completely understand our premise when we investigate, research, examine and analyze a case or case documents. We have several premises with which we start and check to to see if they apply. While the answer is short the work behind it is long and complicated. Let us help you plan your foreclosure defense strategy, discovery requests…[...]

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Posted in legal standing, Motions, Pleading |

The UCC is not ambivalent about protecting both the maker of a negotiable instrument and the party seeking to enforce it. The maker does not assume the risk of double liability except for instances where the note is purchased for value in good faith and without knowledge of the borrower's defenses. In all other circumstances the object is to prevent…[...]

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Tags: ARTICLE 3, ARTICLE 9, negative amortization, negotiable instrument, TILA rescission, UCC
Posted in evidence, Pleading |

Winning and Losing in Court Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays It's not enough to be right. You may be right on the law and your presentation of facts. But if you don't satisfy your burden of persuasion you most likely lose. "Persuasion is different than the burden of…[...]

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Posted in Uncategorized |