A person with whom I am well acquainted and who prefers to remain in the background just sent the following email to me, Bill Paatalo and Charles Marshall. Thanks to the Virus, I had some free time to catch-up on Neil’s blogs and radio shows; as such, I just listened to your piece with Charles on the Christiana Trust counter-suit.  One…[...]

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Tags: 1031, CAPITAL ONE, CapOne, Carrington, Christiana, Credit Suisse, Greenpoint, Greenpoint Financial, Headlands Mortgage, North Fork, Personal jurisdiction, REIT, Rushmore, SEC, Stanwich trust, Taffet, Wilmington
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, Servicer |

Wall Street sees this as another opportunity to bag a bailout. Don't let them. The alarm bells are going off. Giving relief to homeowners is going to collapse the entire financial system! The sky is falling! See https://www.youtube.com/watch?v=bbdSEJCibe8&feature=youtu.be The first thing to notice is that they are referring to the servicers. They are not referring to lenders who are going…[...]

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Legal presumptions are not meant to be used as a means for achieving an illegal or unjust result. But they do exactly that when apparently facially valid documents are left unchallenged. A successful challenge to the credibility of the source of documents initially filed in foreclosure will end the case in favor of the homeowner. the reason is simple: with…[...]

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Tags: credibility, evidence, evidentiary hearing, legal presumptions, securitization
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

“First, as explained by the court in Bank of Miami Beach v. Fidelity Casualty Co. of New York (Fla. 1970) 239 So.2d 97, 99: "[A] mortgage lien and a mortgage debt are two entirely different legal concepts or `species.' ” First Amer. Title Ins. v. Xwarehouse Lending, 177 Cal.App.4th 106, 118 (Cal. Ct. App. 2009) If the foreclosure mill can't come up with a party…[...]

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STANDING: If you don't raise the issue and present it logically and credibly the issue vanishes because the judge is not going to do the work for you. That is not part of a judge's job description. In the 9th Circuit Court in and for Orange County, Florida the following administrative order has been issued: see 2012-06-03 - Amended Residential…[...]

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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 Everyone either is or will shortly be effected in important ways by coronavirus. Wear masks if you have them, use disinfectant wipes if you go out. Wash your hands and face. Practice social distancing. Unfortunately the places that…[...]

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It simply isn't enough to say that there might be a conflict or bias. You need hard evidence that the bias or conflict exists. In this case if persuasion is involved you probably have insufficient grounds for asking for recusal and you will probably end up with a judge who sees your efforts as desperate, lacking in substance.   I…[...]

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Foreclosure litigation is actually quite simple. But lawyers from foreclosure mills are attempting to make  it complex. If you let them you will lose. If you confront them it is likely you will win. the assignment made by Arthur M. Bressler to A. H. Kleiser was made without consideration from the assignee and that Kleiser did not take or claim…[...]

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The more you blame the judges, the further you get from the goal. Judges are like umpires in a baseball game. If you don't throw the ball there is no need to call a ball or a strike or foul. Blaming judges for not throwing the ball, catching it, and calling whether it is right or wrong disempowers the homeowner.…[...]

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Only people who have studied securitization understand the fact that securitization as practiced creates an existential threat to our society, our laws and the individual hopes and dreams of anyone who is not in on the game. But more and more people are coming off the fence about speaking out. The fear has always been that if you blow the…[...]

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