Any judge that gives Wells Fargo Bank the "benefit of the doubt" on any assertion, allegation or document is ignoring what is plain for all to see --- that its business plan is based upon reporting profits, whether they are real or not, and that it method of operation consists of fraud. The practices outlined in this article  are not…[...]

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To listen to the West Coast Foreclosure Show: [audio src="https://livinglies.me/wp-content/uploads/2017/10/neilgarfield_2017_10_19_bank-witnesses-dont-know-jack-computer-screen-readers.mp3"][/audio]   Note: For those readers too young to remember, in 1984, the Wendy's corporation launched an epic ad campaign called, "Where's the Beef?" It was aimed at McDonald's and insinuated that the hamburgers at McDonald's skimped on the beef.  This campaign was launched at the same time McDonald's was accused…[...]

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Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Investigator Bill Paatalo joins Charles Marshall to discuss bank employee weaknesses and lack of credibility in depositions and affidavits. Chase bank 'witnesses', and bank witnesses in general, know little about the loan in which they are deposed, beyond what the computer…[...]

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Six years ago, in February 2012, JPM was fined $5.3 billion under the National Mortgage Settlement reached with Attorney General Eric Holder. It was one of those sweetheart deals that Holder cut over and over with the big banks — by imposing cost-of-doing-business fines, instead of criminal charges, in keeping with his “too big to jail” policy. However, as financial…[...]

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Bank of N.Y. Mellon v. Davis_ 2017 N.J. Superior Court Key elements in this decision are: Whether MERS can sign as nominee for an entity that went out of business years before the assignment. Whether a MERS document was forged or robosigned. Whether a Power of Attorney actually conveys the rights that the foreclosing party is claiming. Whether a document…[...]

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“Aside from the inappropriate reliance upon the statutory definition of “mortgagee,” MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best. --- Judge Grossman, Federal Bankruptpcy Court The Court recognizes that an adverse ruling regarding MERS’s authority to assign mortgages or act on behalf of its member/lenders could have a significant…[...]

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By Patricia Rodriguez, Attorney The process of foreclosure defense begins with pre-litigation (gathering all of the necessary information); once that is accomplished then Litigation of Real Property Ownership/Title in California can occur. First you must file the complaint. Questions to pose are when to file, what to write, what to file, and how to file. You want to file asap so…[...]

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Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Get a Consult! https://www.vcita.com/v/lendinglies to schedule, leave message or make payments. [caption id="attachment_35460" align="alignnone" width="383"] FIGHTING THE TRUSTS IN DISCOVERY[/caption] Title is often changed for the sole purpose of overcoming a disputed forced sale conducted under a nonjudicial state's foreclosure statutes.   A…[...]

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Ms. Porter was the first person who broke through the ruse of securitization and confirmed what I thought, in 2007, leading to the creation of this blog. As a Professor at the University of Iowa she conducted a study that revealed that, at a minimum, 40% of all executed notes were destroyed shortly after the "closing" of a home loan.…[...]

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On August 30, 2017, an amendment to North Carolina’s foreclosure statutes took immediate effect.  The amended statute, Section 45-10, concerns substitute trustees under a deed of trust.  As amended, Section 45-10 now prohibits an attorney who serves as trustee or substitute trustee from representing the noteholder or the borrower while "initiating" a foreclosure proceeding.  Before the amendment, a lender often…[...]

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