What is surprising about this case is that there was any appeal. The trial court had no choice but to dismiss the foreclosure claim. A copy of the note without an indorsement was attached to the complaint. This leads to the presumption that the indorsement was attached after the complaint was filed. Standing must be proven to ex isa at…[...]

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Tags: Deutsch Bank, Impact Funding, PSA, robo-witness, SEC website, Wells Fargo Bank
Posted in Corruption, discovery, evidence, legal standing, Servicer |

Like the infamous NINJA loans, the REMICs ought to be dubbed NEITs --- nonexistent inactive trusts. The idea of switching lenders without permission of the borrower has been accepted for centuries. But the idea of switching borrowers without permission of the "lender" had never been accepted until the era of false claims of securitization. This is just one example of…[...]

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Tags: Adam Levitin, fake securitization, money, NEIT, real parties in interest, REMIC, single transaction doctrine, transfer, TRUTH
Posted in Corruption, discovery, evidence, legal standing, Pleading |

http://www.mondovisione.com/media-and-resources/news/federal-reserve-board-announces-termination-of-enforcement-actions-against-10-ba/ The Federal Reserve is wrapping up its ineffective sanctions against the five U.S. banks who were accused of improper handling of post-crisis mortgage foreclosures.  On Friday, the Federal Reserve Board announced another $35.1 million in civil penalties against five banks as part of its effort to terminate enforcement actions, issued in 2011 and 2012, against a total of 10…[...]

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Banks have the money and therefore stand closest to the microphone of media. For every report that foreclosures are continuing or rising in number there are 20 reports that the foreclosure crisis is over. This report shows that in New York City foreclosure continue at the same rate as the 2008 recession. The press has failed, intentionally or unintentionally to…[...]

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Adding to the split of authority among California’s various state and federal appellate courts, the Third Appellate District ruled that a loan servicer may owe a duty of care to a borrower through application of the “Biakanja” factors, even though its involvement in the loan does not exceed its servicing duties. Thus, the Third District “assumed without deciding” that California…[...]

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Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Neil Garfield will discuss the difference between Information and  Evidence as a preview to the upcoming Evidence seminar to be held February 2, 2018 at 1pm (look for an upcoming announcement). Anyone who is litigating a foreclosure case needs to listen…[...]

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This completely corroborates what I have been saying for years along with a chorus of lawyers and pro se litigants across the county. It simply is not true that the attorney represents the trust or the trustee.  This "Advisory" shows that there are documents that are rarely in the limelight and that clarify claims of securitization in practice. Note that…[...]

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Tags: Advisory, authority, Deutsch Bank, Deutsch Bank Deutsch Bank Trust Company Americas, Deutsch Bank National Trust Company, First Servicer Memorandum, NEIT, REMIC, securitization transactions, trust, trustee
Posted in Corruption, evidence, foreclosure mill, Servicer |

Information is admitted in evidence only after a proper foundation has been laid. If the witness knows nothing about the foundation the evidence should not be admitted as evidence. Appellate courts will usually reverse a trial court's error in ruling on evidence UNLESS the appellate panel decides that the error would not have made any difference in the outcome. The…[...]

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Tags: beneficiaries, certificate holders, certificate indenture, II, JOHN G. RICHARDS, Trust Assets, US BANK
Posted in Corruption, evidence, legal standing, Modification, Servicer |

CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk's default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they are creating the illusion that…[...]

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Tags: “Active” Trust, active trustee, clerk's default, debt, default, money, standing, transfer, trust, US BANK
Posted in Corruption, discovery, evidence, Servicer |

  Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays MAIN NUMBER: 202-838-NEIL (6345). In this episode, Investigator Bill Paatalo questions a declaration that was submitted in a Washington case in which he has been consulting. Scott Aronowitz executes as a "Litigation specialist" for Selene Finance, LP.   However, Paatalo’s research…[...]

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