It appears that I have struck a nerve with many of the people who seek to prove me wrong in my "theories." They are facts, not theories. And as explained by yet another attorney writing an article for the banks and bank attorneys, it is up to the "bank" side of the equation to do anything about rescission. The borrower…[...]

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Posted in foreclosure defenses, legal standing, Motions, Pleading |

Practically everyone thinks they know what is a creditor even if they cannot identify who is the creditor. The reason that this is important is that the lawyers for the banks have created a divergence of the money trial and the paper trail. One is worth every cent claimed and the other is worth nothing, but for the repeated acceptance…[...]

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Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

Just a quick post from the LendingLies moderator.  It appears that record numbers of bank-associated entities are commenting on the blog, registering for seminars (banker's are welcome!) and attempting to confuse our readers- especially when Neil writes about rescission.  Posts on rescission tend to bring the banks out in record numbers.  Neil Garfield's policy is to allow the posts to…[...]

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[wpvideo ldPzCKbS]     Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursday In re JenzabarInc. Derivative Litigation 1-18-2018-US Bank Reply - Schaeffer - TX Money Laundering Threat Asssesment - 2005 (1) Investigator Bill Paatalo joins California attorney Charles Marshall to discuss the disturbing fact that most trusts are unable…[...]

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Lawyers for homeowners are probably contributing to the confusion that the banks bring to the table. And Judges, despite the clear evidence in the public domain that the banks committed millions of illegal acts, nevertheless take the word of banks over the word of a homeowner. Let us help you plan your rescission strategy: 202-838-6345. Ask for a Consult. Register…[...]

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Posted in evidence, legal standing, Pleading |

To those who think that this a gotcha moment consider this: Your lack of understanding of civil court procedure is what is preventing you from seeing the obvious --- claims are not granted relief unless they are litigated --- no matter how "obvious" the outcome. Rescission is an event not a claim. It's the contest of the rescission that is the…[...]

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Again we return to the issue of rescission under TILA. And again I am correcting the mistaken view that the grounds for sending the notice of rescission must somehow be established before sending it, which is another way of saying that the rescission can be ignored if the proper disclosures were made. That is not the case even though many…[...]

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Posted in evidence, legal standing, Pleading |

Here again is another example of sweeping wrongful conduct under the rug. Bank of America settles with 50 states attorneys general, promises the correct the wrongs, but doesn't do a thing to a correct anything. They pay $3.4 million to settle hundreds of billions worth of claims and the homeowners don't know that they have valid claims against the Bank…[...]

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Eudaimonia (Greek: εὐδαιμονία [eu̯dai̯mo'níaː]), sometimes anglicized as eudaemonia or eudemonia /juːdɪˈmoʊniə/, is a Greek word commonly translated as happiness or welfare; however, "human flourishing" has been proposed as a more accurate translation. [caption id="attachment_54754" align="alignnone" width="869"] Sea of Despair by IIona Flores[/caption]   By R. Sterling Braxton This is a rant about American social decay, foreclosure and the decline of…[...]

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[caption id="attachment_54742" align="alignnone" width="583"] Bank or Servicer with "Free House" they obtained by fabricating evidence.[/caption] The one BIG thing that is missing in most foreclosure litigation is that the documents submitted are hearsay.  The danger is that certain documents kept in the ordinary course of business have credibility and therefore may be admitted as an exception unless you move to…[...]

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