So here is the central point: Article 9 203 UCC adopted in all states verbatim requires any claimant in foreclosure to have purchased the underlying obligation for value. In any case remotely related to some securitization structure that doesn't happen. Homeowners tend to win when they test that proposition and lose when they don't.  Since I began this effort 16…[...]

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There are two answers: First there is what everyone reasonably believes to be a servicer and then there is a the statutory definition of a servicer. see https://www.consumerfinance.gov/rules-policy/regulations/1024/2/#b-29-7 Most people think of a "bookkeeper." A servicer ought to be a party who physically receives the check for payment and deposits into an account owned and controlled by the servicer so…[...]

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the entirety of what is labeled as the securitization infrastructure is based upon a report that says something like this: "Here is our assessment of our own discretionary report regarding homeowner behavior in making payments that were scheduled but which are not due (at least not to us)." If there exists a trough full of money, it is not surprising…[...]

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The current foreclosure marketplace consists almost entirely of "next claimants"  without successors. the task of the legal practitioner or pro se homeowner is to attack the facial validity at the earliest possible time if for no other reason than to layout for the judge the defense narrative and then to test and reject the documents of transfer, i.e., the assignment…[...]

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Thursdays LIVE! Click or Call in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Bill will discuss on the Show today how a blanket lien granted by the OTS just prior the WAMU BK receivership of 2008 was used by the FDIC to in effect use the bk…[...]

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Stop talking about it. It is a distraction from the real facts --- that the claimant has no claim and may not even exist. Don't pay any money to anyone who promises a quick fix to your foreclosure problem. It can only be successful if you are willing to engage in a ground war against the foreclosure mills who are…[...]

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The hearsay rule and exceptions to it are deceptively simple. It is the application of the rule and exceptions that are complicated. The bottom line is that companies posing as servicers may not produce a witness to provide testimony that is the foundation for introduction of documents if the company was not directly involved in creating the data entries and…[...]

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The musical chairs element of parties and instruments is designed to confuse homeowners and lawyers and suppress challenges. It is part of the Wall Street playbook becasue it works without challenge.  Contrary to the conception held by most lay people, an assignment of mortgage does not get created, executed, delivered, or recorded out of thin air. This is also contrary…[...]

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There are only two times the transaction with homeowners is characterized as a loan. First when the homeowner signed the documents, thinking it was a loan. Second when the players come back to the table with false claims for enforcement --- in plain violation of the condition precedent set forth by statute in adopting Article 9 §203 of the Uniform…[...]

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The product being sold by OCWEN FINANCIAL SERVICES is its common stock --- and probably its integrity * At least the Titanic has historical and maybe even archaeological significance. * Let's be clear. The product being sold by OCWEN FINANCIAL SERVICES is its common stock --- and probably its integrity (if it ever had any). In plain language, the wealth…[...]

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