I have spent the last six months drafting, re-drafting, editing, researching and investigating the basis for filing a brief as a friend of the court. * The basis for an amicus curiae brief is the anticipated willingness of the receiving court to admit that there are factors involved about which the judge or panel lacks adequate knowledge or understanding. The…[...]

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Posted in discovery, evidence, foreclosure defenses, legal standing, Pleading |

The worst part is that most homeowners will not even realize that it is a securities brokerage firm that is foreclosing without any right to do so and who probably owes the homeowner money --- not the other way around. You can do your own Google search. What you will discover is that local papers are documenting a substantial rise…[...]

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Posted in Uncategorized |

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 |