So a friend of mine left her phone in my car. Here is what I wrote to her: Thank you for leaving your phone in my possession, which as you know is 9/10s of the law. That means that even though you paid for it and you received ownership from the seller, I can now claim it as my property.…[...]

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Posted in Fabrication of documents, foreclosure mill, Modification, securities fraud |

if the investment bank paid the homeowner as an incentive payment rather than as a loan, then there is no debt any more than salary or wages can later be called a loan. The fact that the consumer/homeowner thought or even wished it were otherwise makes no diffeerence. If I pay you money and you think it is a loan…[...]

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Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays The legal case of US Bank (trust) v. UBS (United Bank of Switzerland) Real Estate was decided in 2016 in SDNY. The order following decision extends for literally more than 100 pages. The gist of the case…[...]

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Posted in Uncategorized |

The idea that some company bearing the label of "servicer" is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end. Such companies do nothing and were never intended to do anything except act as a buffer, in name only, to prevent liability attaching to investment banks who had…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Servicer |

The answer to this question depends upon the homeowner --- not the judge. * If the homeowner rigorously, aggressively and persistently seeks enforcement of the rules of civil procedure, the rules of discovery, the rules of evidence and enforcement of court orders, the chances of quite good that the homeowner role reach a very favorable result. * If the homeowner…[...]

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Posted in Corruption, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

It's not the job of courts to save litigants from their own admissions.  Here is a simple rule: if you admit the existence of the loan account receivable and you admit the rights of the servicer and the currently named claimant, you have no viable basis to challenge standing or enforceability. "Yes, but" doesn't count in court. Here is the…[...]

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Posted in discovery, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

The following link leads to an oversimplified chart of a conventional loan transaction, leaving out the actual people at each step and leaving out several of the computer servers: CHART: Conventional Loan Transaction Most people don't have any idea about the number of steps and the number of people in the number of vendors that are involved with a single…[...]

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Posted in Uncategorized |

Like everything else, "servicer advances" is a false label. There is no money being advanced. But there is money received by institutional investors who bought certificates under the mistaken belief that they were mortgage-backed securities. They receive that money regardless of whether or not payments are made by homeowners. The test for whether or not they will actually receive the…[...]

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Tags: Credit Suisse, securitization PONZI, Servicer advances, yield spread premium
Posted in Uncategorized |

By the time most lawyers are retained to represent a homeowner, the homeowner has already created damage. The lawyer's task is magnified by the need to first perform damage control before asserting claims and defenses. The bottom line is that homeowners lack credibility when they assert defenses that conflict with their own behavior and their own prior statements. It was…[...]

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Tags: Dunning-Kruger effect, foreclosure labels, groupthink, TILA, TILA disclosures
Posted in Uncategorized |

https://us02web.zoom.us/rec/share/OvaYrSuhI_f7vcWjlyyV5Xb9h7oM0eMFKvavHk5t8TivojJ-DWsoUqq15QgDdc3g.SRzwbv8GE4yhbqwV Passcode: ykp4RD+8  [...]

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Posted in Uncategorized |