Lecturing Courts on Their Duty to Comply with SCOTUS Decisions Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays While the Supreme Court of the United States (SCOTUS)  unanimously (9-0) put to bed all of the arguments against the effectiveness of a notice of rescission under 15 U.S.C. §1635, Jesinoski v. Countrywide…[...]

Continue Reading

Tags: 15 USC §1635, Authority of the Courts, jesinoski, TILA, TILA rescission
Posted in Uncategorized |

Whether the total "nominal" value is $600 Trillion as reported in the link below or $1 Quadrillion as reported elsewhere, we know only a few things and those things by themselves require intense scrutiny that the government doesn't want to do. So the burden of the mortgage meltdown is put entirely on the backs of homeowners and the banks who…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

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…[...]

Continue Reading

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…[...]

Continue Reading

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…[...]

Continue Reading

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…[...]

Continue Reading

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…[...]

Continue Reading

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…[...]

Continue Reading

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…[...]

Continue Reading

Posted in legal standing, Motions, Pleading |