SHOW ME THE LEDGER! NO, NOT THE ONE FROM THE SELF PROCLAIMED SERVICER. SHOW ME THE ONE FROM THE COMPANY CLAIMING THEY PAID VALUE FOR THE DEBT. I have been beating around the bush too long. In my opinion, rejection of a claim for foreclosure from securitization players is not the equivalent of any windfall for any homeowner. It is…[...]

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Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, legal standing, securities fraud, Servicer |

It occurs to me that most questions I receive contain either an inquiry about the meaning of documents or statements as if they know the meaning of documents. So here is a short primer on reviewing documents that might help. WHAT (IF ANYTHING) IS THE TITLE OF THE DOCUMENT? While this seems to be simply a matter of reading and…[...]

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

see https://www.streetinsider.com/Globe+Newswire/Freddie+Mac+Credit+Protects+%24167.3+Billion+of+Single-Family+Mortgages+in+Third+Quarter/17554183.html People still don't believe it. Loans were not securitized but are being treated as though they were securitized. "Securitization" means selling off an asset in pro rata shares to investors who get a piece of paper telling them that they own X% of the asset. Ask anyone who knows (or read it yourself) -- all of the securitization…[...]

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Posted in discovery, Fabrication of documents |

The mischaracterization of a condition precedent alters the burden of proof. (e.s.) If compliance with the HUD regulation is a condition precedent to foreclosure, the plaintiff carries the burden of proving substantial compliance with the condition when it presents its case, so long as the borrower has made a specific denial of the plaintiff's allegation that it had satisfied all…[...]

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Posted in foreclosure defenses, foreclosure mill, Motions, Pleading |

THIS IS REALLY SIMPLE: WHO DO YOU WANT OPERATING ON YOUR BRAIN? IS IT SOMEONE WHO IS THINKING OF GOING TO MEDICAL SCHOOL OR SOMEONE WITH A MEDICAL DEGREE, INTERNSHIP, RESIDENCY AND 10 YEARS OF EXPERIENCE?  Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 3PM PST 6pm EST…[...]

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Posted in Uncategorized |

https://www.occ.gov/news-issuances/news-releases/2020/nr-occ-2020-139.html# This just in or at least just brought to my attention. It is full frontal assault on the rule of law and the banks are trying to jam it through as a rule change to allow illegal foreclosures. This development is the banks response to my blog. You must defeat this by writing to everyone you can think of…[...]

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Posted in Uncategorized |

The problem with qui tam in connection with mortgages and foreclosures is that they have not yet worked except in rare instances. The biggest hurdle seems to be that the agency that supposedly got defrauded (e.g. FDIC) by false claims steps forward and says it was OK. You can't force them to admit that they were defrauded and if they…[...]

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Tags: qui tam, qui tam complaint, securitization, securitization of debt, securitization of mortgages
Posted in Uncategorized |

see https://www.abcactionnews.com/news/local-news/i-team-investigates/floridas-foreclosure-rate-second-highest-in-the-u-s-filings-increase-as-courts-open The Wall Street playbook calls for an insidious process of creeping up on you. Within days, in some cases, weeks in other cases and certainly within months, people are going to wake up to the fact that they are already in the middle of a foreclosure proceeding. And the new wave will be just as destructive as in…[...]

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

see Bank of N.Y. Mellon v. Shone, 2020 Me. 122 (Me. 2020) the record keeping shortcomings of some members of a particular business sector should not drive our interpretation of a rule of evidence that applies to the records of all businesses and, more broadly, as Rule 803(6)(B) indicates, to the records of any "organization, occupation, or calling." If the…[...]

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Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, Servicer |

I have just received a slew of inquiries about what to do when the  foreclosure mill files evasive responses and objections. Here is the answer. Discovery consists of the following steps toward victory: Framing your answer, affirmative defenses and/or allegations such that you are challenging the status and ownership of the underlying debt. Draft your discovery demands such that they…[...]

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Tags: discovery
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, Motions, Pleading, Servicer |