The only way that enforceability of the homeowner transaction can be preserved is through common law contract, in which UCC presumptions would probably not apply I recently received a question from a paralegal asking a question I constantly receive --- where do I find my loan. Or more specifically how to find out which trust owns my loan. the answer…[...]

Continue Reading

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

I received an email from one of my most prolific contributors that I am republishing here because virtually everything in it is entirely correct. I especially approve of her point about the fact that servicer advances are funded from proceeds of public offerings of stock that were all purchased by the Wall Street banks who did the underwriting.  Substance over…[...]

Continue Reading

Tags: Pennymac, TRUTH
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

[...]

Continue Reading

Posted in Uncategorized |

see https://library.nclc.org/impact-supreme-court-seila-law-ruling-cfpb-constitutionality It has long been held, assumed  and otherwise inscribed in law that Congress is the sole source of appropriating money for the federal government to spend. That is pursuant to the supreme law of the land. And it has also been long held that Congress can put conditions on its appropriation of money either for an existing Federal…[...]

Continue Reading

Posted in Uncategorized |

The HBR article is excellent --- but it starts from the wrong premise. The people in charge have no losses so they have no incentive to mitigate. Nearly all foreclosures are business ventures for profit --- not remedies for unpaid debt.  see https://hbr.org/2020/07/how-banks-can-avoid-a-repeat-of-the-2008-foreclosure-crisis The problem that everyone seems to be actively avoiding is that no investor ever paid money in…[...]

Continue Reading

Posted in Uncategorized |

Servicers did not make any advances. They never did and they never will. They said they did but they didn't. If you read the prospectus carefully you will see that the money from investors is divided into three parts. * The first part is the purchase of a certificate that promises payments to the investor based upon a formula that…[...]

Continue Reading

Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading, Servicer |

Since foreclosures are about to start another meteoric rise, this would be a good time to write a new article on what went wrong the last time, what is going on now, and what is still likely to go wrong this time. * I know that some of the rantings on the internet seem like the spillage of conspiracy theorists and…[...]

Continue Reading

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

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with California Attorney Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Reverse mortgages are akin to the Centuries Old principle of a Life Estate or an annuity. A life estate is where typically relatives who live together would pass title to a home, during the life of often an…[...]

Continue Reading

Posted in Uncategorized |

In all jurisdictions, even if the trust has some assets, and therefore legal existence as a legal person, if the asset in question has not been entrusted to the trustee on behalf of beneficiaries, the existence of the trust is completely irrelevant. And all claims arising from the supposed existence of the trust are also irrelevant and lack Foundation. I…[...]

Continue Reading

Tags: inchoate, presumptions, trust existence, Trust Law, trustee
Posted in Corruption, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Servicer |

Many thanks to Bill Paatalo for bringing this to my attention. This article brings to the forefront a central issue that Wall Street cannot escape unless we let them: in the context of securitization, the paper transfers to the "depositor" is not a sale even if it is treated as a sale by the "Seller." That means that the homeowner…[...]

Continue Reading

Posted in Corruption, evidence, Fabrication of documents, foreclosure defenses, legal standing, Servicer |