The offer of modification is actually inviting you to formally join the securitization process without getting paid for it. I write often about the illegality of the Wall Street schemes that have defrauded investors and homeowners out of their money and investments. But there is also another aspect to this. The coming Tidal Wave of evictions and foreclosures is going…[...]

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

I know this is technical and even boring. But if you want to understand where tens of trillions of dollars went in 2008 and how it is about to happen again, you must read this. The bottom line is that homeowners, falsely believing that they are in default, are actually stepping away from compensation that is due to them from…[...]

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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 post on his Blog today details on what he and host Charles Marshall will cover on the Neil Garfield Show today: First, a revisit to the LSF9 Master Participation Trust, with the use of a…[...]

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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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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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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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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 |