In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word "successor." I have been saying that this word is used as a cover-up for "we don't have title to the debt, note or mortgage." That…[...]

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Tags: ABN AMRO, Bank of America, Bank of New York Mellon, Citigroup Foreclosures, Deutsch Bank Deutsch Bank Trust Company Americas, JP Morgan Chase Bank National Association, LaSalle Bank as trustee, Nationstar, Successor, successor beneficiary, U.S. Bank National Association
Posted in Corruption, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

The bottom line is that if you follow the rules, and demand discovery of actual proof of payment (citing the form that such proof must take or asking what form such payment took), the foreclosure will file anything other than a response to your demands. If you don't know what to do about that or if you don't do anything…[...]

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Posted in Corruption, discovery, Servicer |

One of the peculiar aspects of foreclosure litigation over the past two decades has been the overuse (by appellate courts) of instructions not to publish opinions that favor homeowners in litigation. So the homeowner wins in that case but other homeowners and their attorneys probably never hear about it. This means that another homeowner who is fighting with exact same…[...]

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Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Attorney Charles Marshall and Private Investigator Bill Paatalo Or call in at (347) 850-1260, 6 pm Eastern Thursdays   We break down on the Show today the latest from MERS. Now before the 9th Circuit Court of Appeals, to try and reverse a quiet title judgment taken in State Court against…[...]

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If Countrwide was really a lender it would never have entered into this transction as a loan. If Countrywide was an underwriter it would never have approved this as a loan. Common sense dictates that Countrywide was an aggregatgor of data that was massaged to meet the instructions and needs of an investment bank. The investment bank, at a glance,…[...]

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The excuse for the sloppy ways that the rules of civil procedure and the rules of evidence are applied in a case where the foreclosure process is invoked has always been "limited judicial resources." That is shorthand for we don't have the time to hear stupid defenses since the claims are clearly valid. Practically every successful foreclosure defense attorney knows…[...]

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A report is not a record. It is a statement made about a record and it is by definition a statement made out of court by often unknown persons. That means it is at least hearsay and probably lacking in the foundation since the person who made entries from which the report was generated is unknown and cannot be questioned.…[...]

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How is a foreclosure rescue scam any worse than a foreclosure theft scam? Or the real question --- why is one scam punished and the other is rewarded with government help? * It is difficult to imagine a scenario in which an attorney could be working for a law firm that prosecutes "Foreclosure" cases, and be ignorant of the fact…[...]

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Allowing 5 million people to be evicted when moratoriums end, is not a solution. It's problem. Here is the solution for any landlord that owns rental property and any homeowner living in their homestead, where the property is subject to a recorded lien (mortgage or deed of trust). Require all current servicers AND "successors" of "lenders" to prove they paid…[...]

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What exactly does U.S. Bank, Deutsch Bank or Bank of New York Mellon "as trustee" do for "REMIC Trusts"? It might be as simple as nothing at all. Back in the early stages of the mortgage meltdown, judges were more open to challenging claims from servicers or MERS. Foreclosure lawyers were attempting to name claimants that by definition had no…[...]

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