The Eighth Circuit's affirmance in the present case rested upon its holding in Keiran v. Home Capital, Inc., 720 F. 3d 721, 727-728 (2013) that, unless a borrower has filed a suit for rescission within three years of the transaction's consummation, §1635(f) extinguishes the right to rescind and bars relief. That was error. Section 1635(a) explains in unequivocal terms how the…[...]

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“If bankers who act fraudulently are not put in jail with their bonuses returned, assets confiscated and banned from future practice, we will only give a green light to similar risk-laden behaviour in new forms,” Brown says. Get a LendingLies Consult and a LendingLies Chain of Title Analysis! 202-838-6345 or info@lendinglies.com. https://www.vcita.com/v/lendinglies to schedule CONSULT, leave a message or make payments.…[...]

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Thursdays LIVE! Click in to the The West Coast Radio Show Or call in at (347) 850-1260, 6pm Eastern Thursdays The West Coast Foreclosure Show with Charles Marshall, featuring Investigator Bill Paatalo. Bill Paatalo's Revised Appeal: Paatalo Final Appeal Reply Brief - TILA Bill Paatalo's Opening Appeal Brief: Opening Appeal Brief - Oregon - TILA Illinois Rescission Case: Illinois Appeal…[...]

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The strong antipathy that judges have for TILA Rescission has caused them to directly flout the provisions of a Federal statute and the the direct instruction from their boss --- the Supreme Court of the Untied States (SCOTUS). But there are several strategies than can be employed that will make it difficult for banks to use their wrongful foreclosures to…[...]

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Originally Posted by Bill Paatalo on Oct 26, 2017 at www.bpinvestigativeagency.com In 2013, investors in six “RALI Series” Trusts filed a complaint in New York against their Master Servicer (Nationstar Mortgage, LLC) for conducting “Bulk Note Sales” of non-performing loans owned by the trusts for its own benefit; specifically to recoup upwards of a billion-dollars worth of servicing advance receivables.…[...]

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Tags: Bill Paatalo, investigator bill paatalo, lendinglies, Livinglies, mortgage fraud, Nationstar
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The Pooling and Servicing Agreement MIGHT be self-authenticating under F.S. 90.902 but still inadmissible as hearsay. Thus the PSA is NOT a substitute for evidence of an actual transfer of the loan to a purported REMIC trust. PLUS: PRESUMPTION OF STANDING DOES NOT APPLY IF THE NOTE AT TRIAL IS DIFFERENT FROM THE NOTE ATTACHED TO THE FORECLOSURE COMPLAINT. "The…[...]

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Tags: hearsay, note, pooled mortgages, PSA, REMIC TRUST, self-authenticating
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"In order to have standing to foreclose a mortgage, a party 'must own or control the underlying debt.'" New Jersey litigants need look no further. In fact, in every other state of the U.S. you will find the same decisions each quoting from several other to the same effect. Courts across the country have usually confused the issue and accepted…[...]

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Tags: MERS, mortgages, notes, personal knowledge, Power of Attorney
Posted in discovery, evidence, Motions |

If you are waiting for one of those "settlements" to mean something before your home goes up for auction, don't hold your breath. Relief is not coming. The "simple" truth is that the investor is interested in the debt (i.e., the money owed by you) but everyone else is only interested in the paper. If you can absorb and accept…[...]

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The banks, who actually control this mess, have resorted to using fabricated documents entitled "Powers of Attorney" or worse, simply claiming that a party is the "attorney in fact." The courts are starting to wake up. In this case the NJ court questioned how the agents (MERS and DiTech) could sign anything for an entity that went out of business…[...]

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"Because securitization entities are typically insufficiently capitalized, with little or no true “equity” for accounting purposes, and are rarely designed to have a voting equity class possessing the power to direct the activities of the entity, they are generally VIEs. [Variable Interest Entities]. The investments or other interests that will absorb portions of a VIE’s expected losses or receive portions…[...]

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