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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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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Attorney examining foreclosure case documents 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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The payment history is not the loan receivable account by definition and it is never presented as such. Failure to recognize this obscure fact often results in failure. But those who do understand it, raise their chances of a successful defense from unlikely to very likely. A lawyer (Scott Stafne) shared with me a case that he is apparently working…[...]

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Some people are going to lose a great deal of money because they pledged real money for fake land and fake mortgage loans. It has already been happening in the lending marketplace under fake claims of securitization. I have heard and seen people point to Bitcoin and other cryptocurrencies as proof that the metaverse proposed by Facebook will have some…[...]

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I receive information from many different sources. I analyze that information for relevance, materiality, and utility in connection with Foreclosure Defense. One of the things that has been brought to my attention by a contributor is the erroneous conclusion that is reached by homeowners when they receive tax forms from the "servicer." Let me say first that while homeowners are…[...]

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If you are not willing to challenge the basic assumptions of the loan or debt, then you probably should not even start any challenge or defense. If you are willing to do that you will probably win or force the "dark side" into a settlement that you find favorable to your interests. You don't need to understand how the debt…[...]

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