People and lawyers often say that the judge would not listen. That isn't true. The judge is listening. He or she is just not hearing well founded objections raised in a timely manner. If you don't put the nickle into the gumball machine, you get nothing. It doesn't matter that you had a nickle in your pocket. I see no…[...]

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see https://checkbox.flcourts.org/NonAppellate-Judges-and-Attorneys-Opinion-Survey-2021.aspx I checked "other". Here is what I wrote: The courts are about to be clogged with foreclosure litigation again. The cause of this is the use of archaic preapproved forms from the Florida Supreme Court. This results in shifting the eventual outcome of the case in favor of the homeowner to the end of litigation based upon criteria…[...]

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The rule against hearsay does not only impact oral statements—it also applies to written documents, and, unless the proffered evidence falls within one of the multitude of hearsay exceptions or statements that are otherwise categorized as nonhearsay, it is inadmissible in court. One of the most well-known and frequently relied upon exceptions is the "business records exception" found in Federal…[...]

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Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 3 PM PDT, 6pm EDT Thursdays   Bill Paatalo joins Host Charles Marshall to discuss an established pattern he has uncovered in Chase litigation of all sorts. Just as Lenin in Soviet Russia days decided political questions based on who…[...]

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The big change occurred when the Wall Street securities firms forced securitization practices over the line. Whereas the purpose of securitization had always been to reduce risk, the investment banks meant to eliminate it. The only way you can eliminate the financial loss from a failed asset is if you don't own it. That is basic accounting, basic law and…[...]

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Homeowners attempt to "disprove" the presumed facts by raising questions. But the questions are directed to the judge instead of to their predator. The judge has no obligation to answer such questions and in the absence of some procedural reason raised by the homeowner will and must decide in favor of the fraudster because the victim failed to properly defend.…[...]

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Although you issued a promise to pay, it does not currently appear as an asset on the books of any company or person. THAT ABSENCE IS A FATAL DEFECT IN ANY CLAIM AGAINST YOU. The process of securitization extinguishes all risk of financial loss by extinguishing the underlying obligation and therefore the legal debt. Any aggressive effort in discovery on…[...]

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documents that pledged, sold, transferred anything relating to transactions with homeowners were regularly fabricated with false information and then used in subsequent documents as though there was actual trading going on. But there wasn't. And there isn't. And that is why the opposition in foreclosures can never give a straight answer to questions about any presumed transaction in which value…[...]

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SPONSORED BY APON American Property Owners Network Back when we all made live appearances at seminars for lawyers seeking Continuing Legal Education, I would go to any CLE seminar that involved banking, securities, property law, contract law, or litigation. Any doubt about the threat I posed to the banks and their lawyers vanished when  I went to those seminars. They…[...]

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Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays There is a logic to the laws governing litigation and trial procedure, which is often based on fact. But those who really know how to apply those protocols also understand how they can be twisted away from…[...]

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