Thursdays LIVE! Click into the WEST COAST LENDINGEYES Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 3 PM Pacific, 6 pm Eastern Thursdays Foreclosure trends for 2022 are developing ever rapidly, and here are some of the most significant ones: - Home Values continue to rise in many places, disproportionate to historical trends, and loan amounts…[...]

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see https://www.omm.com/resources/alerts-and-publications/alerts/bankruptcy-court-ruling-imposes-lender-liability/ Although this was a commercial bankruptcy case the legal principles are the same: On September 23, 2021, a bankruptcy court in Dallas handed down a 145-page ruling in Bailey Tool & Mfg. Co. v. Republic Bus. Credit, LLC (In re Bailey Tool & Mfg. Co.), 2021 Bankr. LEXIS 3502 (Bankr. N.D. Tex. 2021), provided its answers to some of…[...]

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Robo-Signing: A Symptom of a Broken System Why robo-signing? Because there is no creditor to sign. There is no unpaid loan account on the ledger of any real company. What exists are payment histories, not creditor disbursements. “Servicers” don’t send money to lenders because there are no unpaid accounts. Everyone has already been paid — many times over — through…[...]

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Posted in Corruption, Fabrication of documents |

The problem starts with the Homeowner, who thinks that because he or she applied for a loan, they received it. This assumption is completely unfounded. The law is mostly procedural and logical. It requires building a foundation for a fact to be accepted as true. If there is no foundation, there is no fact. Every case I have ever won…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, Servicer |

The SEC should be regulating these transactions because the investment banks are evading regulation through claiming an exemption that defines their financial product as a private contract and not a security subject to regulation by the agency. But they still label the financial product as a "mortgage backed security." It does not take a legal genius to know that they…[...]

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Posted in securities fraud |

Thursdays LIVE! Click into the WEST COAST LendingEyes Show with Neil Garfield, Charles Marshall, and Bill Paatalo Or call in at (347) 850-1260, 6 pm Eastern Thursdays We start getting down to specific arguments that can be made to judges and specific testimony from the forensic expert that would likely succeed in educating the court --- as Bill has repeatedly done in…[...]

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The reason that certain words are used separately in legal forums is that the legal system has created separate definitions and functions for each such term. The following terms, usually used interchangeably in and out of court has caused most of the confusion and the opportunity to create and pursue false claims: Obligation Underlying obligation Note Mortgage Deed of trust…[...]

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A recent exchange of correspondence from a good client of mine (one of the legacy cases I am still directly litigating) produced questions and answers that mirror literally hundreds of inquiries I receive every week. I offer the following as guidance to both lawyers and clients. The context of such conversation and communications between lawyer and client is that the…[...]

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Our Apologies. Due to unknown technical difficulties, the show was unable to broadcast. Here is the new information: Tuesday LIVE! Click into the LENDINGEYES f/k/a Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6 pm Eastern Tuesday So behind the scenes, I have been having extensive telephone conversations and email correspondence with Bill, Charles,…[...]

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Western Progressive LLC is named as Trustee or even Attorney on many forms, notices and recorded documents in foreclosures. So who is this Luxembourg LLC and why do all paths lead back to Ocwen? Why such a company would ever be seen as a qualified party to (a) serve as a trustee on a deed of trust (b) make any…[...]

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Tags: foreclosure defense
Posted in Corruption, evidence, Fabrication of documents, Servicer |