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 |

THE MOMENT YOU FIND YOURSELF SAYING "BUT  JUDGE, YOU DON'T UNDERSTAND," YOU HAVE ALREADY LOST. Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays In my experience most motions to vacate are actually motions for rehearing. There is a huge difference. Failure to understand these differences results…[...]

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Our commercial site which sells services and publications has had a makeover. Please browse it and let me know if you like it. www.lendinglies.com  [...]

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The banks employ a fairly large army of people whose job it is to discredit meritorious foreclosure defenses. Their job is to convince the public and lawyers and judges in general to accept the notion that the "loans" are real, that documentation alone is sufficient to win a foreclosure even if it is challenged, and that the specific facts reported…[...]

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All trusts that are legally recognized as such have the following basic components: the trustor/settlor who (a) executes a written trust agreement and (b) conveys property into the name of the named trustee to hold and manage the conveyed asset(s) for the benefit of named beneficiaries. So the three basic components are (1) property (the res), (2) a trustor/settlor, and…[...]

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Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, Servicer |

A reader asked me to post this: (It's worth your time) see https://www.youtube.com/watch?v=TBSXNI0g-Kc As I have stated for 14 years, they can't get anywhere if they don't have the note unless they prove a lost note. They don't prove a lost note because the elements of a prima facie case for lost note are that the claimant was given possession…[...]

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The tricky thing about "loan level data" is that it is easy to slide into unintended admissions, starting with the use of the word "loan." Sure there was a transaction, but not every transaction is a loan even if it is labelled as such by one party and the other party intended a loan agreement. * But if in the…[...]

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Summer Chic write me an interesting email and I wrote back. She poses a question that summarizes the entire situation: She wrote: Example: PennyMac claimed that they PURCHASED my loan on May 2, 2019  from someone whom they cannot identify. The financial statements from a non-identified company show that somebody "established a NEW loan" on May 9, 2019. Not a…[...]

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Tags: Pennymac
Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, Servicer |

Thursdays LIVE! Click in to 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 through access to Chase's MSP system has obtained a so-called transaction codes glossary, and "payee codes glossary", used by Chase to supposedly board WAMU loans, going back to the Chase-WAMU merger of…[...]

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