Discovery is part law, part art, and part intuition. The lawyer must generate questions that can be used, by themselves, to bring certain issues in front of the judge either because the opponent answered the questions or because they didn't answer. If your point is that your opponent doesn't own the claim even though they either said or implied that…[...]

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

Any judge who has his/her investments or retirement funds tied up in bank shares or worse, certificates from securitizations chemes --- directly or indirectly --- should not hear such cases. Our analysis and experience in the US shows that when the cases are drilled down to their essential facts, the debt has been retired by the securitization process --- a highly counterintuitive result for lawyers and borrowers…[...]

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Posted in Uncategorized |

The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records  of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of any company. Therefore they are…[...]

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Tags: best evidence, FOUNDATION, hearsay, relevance
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

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 a nutshell there is no valid lien. But in order to get to that conclusion you have to wade through the weeds and smoke screens that have been carefully constructed by the Wall Street Banks. * The…[...]

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Posted in Uncategorized |

The execution of any document does not by itself create a legal event. First, the document is only valid if it memorializes an actual event. Second, the document is only valid if it complies with the facial requirements set forth by applicable statutes. Third, the document is only legally valid if it complies with the substantive requirements of applicable statutes.…[...]

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Posted in Uncategorized |

More kudos to Gary Dubin who keeps producing favorable decisions for homeowners. This ruling is important for a variety of reasons. This time it is all about the rules of evidence and legals tanding to even bring the claim. see US Bank LSF9 v Verhagen 7-20-20 * The first reason is that it presents a court of appeal that drilled…[...]

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Tags: Caliber, Chase, LSF9, servicer
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

Key Realities Banks will never bring their own expert.They avoid the risk of cross-examination because no one can credibly testify to facts that don’t exist — namely, proof of ownership of the debt. Using an expert is complicated.An expert can be decisive, but only when their work is specific, case-focused, and defensible under cross-examination. Many homeowners assume that if an…[...]

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Posted in expert witness, foreclosure defenses |

The banks have been securitizing data not debt. Now they are trying to make data the substitute for the real thing. In other words, screw the investors, screw the consumers, screw the government and the banks take everything. It's not securitization that is evil. It is a handful of bankers who are lying to us about securitization. There is a…[...]

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Posted in evidence, Fabrication of documents, foreclosure defenses, Pleading, securities fraud |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Bill Paatalo will discuss on the Show today how he was able to thoroughly expose the lack of authority by foreclosing parties, including Wells Fargo and HSBC, in 5 consolidated cases in Missouri. Missouri is generally a non-judicial foreclosure…[...]

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Posted in Wells Fargo |

Your objective is simple: to reveal that the party named as plaintiff or claimant is not the owner of the debt. Your secondary objective, not necessarily required, is to prove that the named claimant doesn't have the authority to represent anyone who does own your debt.  On your way to doing that you will probably undermine any claim of authority from the…[...]

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Posted in Uncategorized |