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The typical case against the homeowner involves the participation of a company claiming to be the servicer. While the company might perform certain functions of the statutory definitions in the regulation of "servicers," it is actually rare that it is the recipient of money paid by homeowners and even more rare that it is the disburser of payments …
 
Licensed Private Investigator Bill Paatalo in a Blog post from just yesterday Sep. 8, highlights the case of mortgage servicer New Residential Investment Corp (New Rez), using trusts to enforce their mortgage servicing rights --- since so many states otherwise require mortgage-related entities who purchase, hold, enforce or sell residential mortgag…
 
The laws of men on Wall Street are pushing out the laws of the country. It is time we pushed back. There are no laws of men — not in this country! Fighting ghosts is challenging but not impossible. Ask anyone who has been required to deal with what they thought was their loan account and you get the same answer. You never get to speak to anyone in …
 
Bill will discuss on the Show today how a blanket lien granted by the OTS just prior the WAMU BK receivership of 2008 was used by the FDIC to in effect use the bk process to enable the conveying of title to the WAMU mortgage loans transferred through the BK to Chase, whereby same title was 'as is', with no warranties as to enforceability, collectib…
 
Regular people think that going to court is winning a point and finding vindication in the judgment of the court. But lawyers know that going to court is all about keeping in control of the narrative. So it should come as no surprise when people feel railroaded because they know or understand that the opposition has no case against them. They still…
 
Very promising development out of New York State. A principal issue in the case was whether the foreclosing party (mortgagee, the typical designate in a judicial foreclosure state) possessed the subject note before commencing the foreclosure process, and whether it had complied with serving statutorily required notices prior to initiating the forec…
 
Most people are thinking theater. Perry Mason. Some point in litigation where someone admits to being a lying thieving murderous scoundrel. That doesn't happen in real courtrooms for the most part and it certainly does not happen in foreclosure cases. Homeowners are looking for both redemption and vindication, neither of which is the business of th…
 
The latest trends of 2021 will be addressed today, with a focus on non-judicial foreclosure states and actions, in the following legal areas: - civil litigation state, - litigation Fed, - appellate practice both state and Fed, - unlawful detainer practice, aka post-foreclosure eviction lawsuits, - bankruptcy practice. All to be examined through the…
 
I often have exchanges with frustrated homeowners that end up like this one received recently: “That leaves everyone doing nothing and allowing the banks to prevail. Your posts are very inspiring ( like a carrot) but then very discouraging ( your answer) when there’s no one willing to help the cause. We’re supposed to have real answers/ solutions t…
 
Bill Paatalo dissects an assignment of mortgage loan interest to a 'WAMU trust', a possible legal nullity after the 2008 WAMU BK liquidating WAMU's legal interest in their mortgage loan portfolio. Then Bill further dissects a double reconveyance situation, which again involves WAMU and US Bank. Charles Marshall will weigh in on these issues as well…
 
If you learn anything it should be this: cases are not won or lost based upon the merits of each side. They are won and lost based upon perception and procedure. Everyone already knows what I have been teaching for decades, Winning cases is about working the system not about being right. That is exactly why hardly anyone trusts the system or lawyer…
 
Bill Paatalo will join host Charles Marshall to discuss how lenders behind securitized trusts such as US Bank, has no contact with the so-called certificateholders who would presumably possess bona fides to confirm the status pariculars of the mortgage debt. Moroever, certificateholders cannot even be identified typically, nor can accounting of pay…
 
Foreclosure process is no different than any other. The courts are required to accept all allegations as true. The homeowner must say that the allegations are not true and then the homeowner has two choices. The homeowner can seek to either disprove the allegations with evidence that shows that the the allegations could not possibly be true. The ot…
 
Bill Paatalo joins Host Charles Marshall to discuss an established pattern he has uncovered in Chase litigation of all sorts. Just as Lenin in Soviet Russia days decided political questions based on who the players to benefit were from a given action, whom the victims would be from same action, Chase variously changes their claims of 'owning' the d…
 
There is a logic to the laws governing litigation and trial procedure, which is often based on fact. But those who really know how to apply those protocols also understand how they can be twisted away from the facts. And that is the problem for the homeowner. Ignorance of these protocols is no excuse, and those protocols can kill your chances of wi…
 
The National Foreclosure Moratorium and associated forbearance enrollment applying to various Government-back loans (Fannie Mae, Freddie Mac, HUD/FHA, VA, USDA), is set to expire June 30, 2021. As of this date, a possible extension to let's say September 30 does not appear to be on the horizon, though it may still happen. The national eviction mora…
 
It all comes down to one thing. This "Thing" is never stated but always there. Focus on this thing and you will enhance your chances of victory against companies claiming to be servicers. They're the ones who hire the lawyers, although the lawyers file pleadings and notices as if they represent banks with whom they have no relationship. Pretender s…
 
Bill will discuss on the Show today how hedge funds are creating close to auction time last-minute bogus assignments which allow them to submit false credit bids, taking back the properties into "REO" status. Then, they sell same properties to third-parties for profit, to bypass paying back debt. This allows them to get first dibs on imminent forec…
 
The main problem for homeowners who end up in mediation or settlement discussions is that they are perceiving their transaction as a loan, while the other side is perceiving the transaction as part of a securitization scheme. The mistake made by both homeowners and lawyers who are not knowledgeable about securitization is that they undervalue the p…
 
The contrived complexity of the securitized home "mortgage" industry is confounding lawyers, judges, homeowners, regulators and legislators. But it is no more contrived to great complexity than the use by Wall Street banks who were the largest securitizers, of what amounts to accounting tricks accomplished through intermediaries like Black Knight a…
 
For the past 15 years, I have been hearing complaints about law enforcement and regulators who got it all wrong about securitization. The sad fact is that they didn't get it wrong. They knew what was happening, they initially sought enforcement and then backed off. But they did file actions in court at were the culmination of months, even years of …
 
Most people give no thought to the elaborate scheme in which documents are created exclusively for use in civil court actions. The fact that such a statement is true is reason enough to exclude such evidence, but the failure of almost every homeowner and lawyer to timely and properly object is the reason it comes into evidence anyway. No document p…
 
Somewhere between questioning everything and questioning nothing lies the law. The law consists of duties, rights, and obligations of everyone plus a process of determining if there was a breach, whether it mattered and what to do about it. Successful foreclosure defense is entirely about establishing a breach by the foreclosure mill. The best way …
 
Your Honor, this is a standard foreclosure. That is the first lie told in court as lawyers, and companies claiming to be servicers, lenders, or trustees continue to play their game of lying for dollars. It's obvious I have not simplified the explanation enough because both lawyers and homeowners still mostly don't understand what I am talking about…
 
We break down on the Show today the latest from MERS. Now before the 9th Circuit Court of Appeals, to try and reverse a quiet title judgment taken in State Court against Central Pacific Mortgage (CPM), claiming since CPM, the original lender, past shortly after origination all beneficial interest in the note and mortgage (DOT--Cal is a deed of trus…
 
You have often asked "how do I prove that?" And my answer is always the same. You don't prove anything because you don't need to prove anything. Stop thinking of yourself as making a claim against anyone. And start thinking about it the way it is. Someone is making claim against you. They don't have a case. If you want to say you are proving someth…
 
On The Show today Host Charles Marshall will devle into the latest trends in the Covid-19 era, parsing out how Covid policy at all levels is still having a major impact on - foreclosure lawsuits, both non-judicial from the homeowners side, and judicial lawsuits against homeowners; - BK practice and procedure, especially when involving hi value prop…
 
It is now virtually impossible to find a lawyer who will accept an engagement to defend a foreclosure regardless of the financial ability of the prospective client to pay fees. The unconstitutional chilling effect on lawyers and homeowners is obvious. Lawyers and homeowners have been chased away from defending foreclosure claims that are unfounded,…
 
Today on the Neil Garfield Show Charles Marshall addresses some recent developments in loan workout and securitization practice, with a reference also to Neil's Blog post of March 3 in which he breaks down how in a recent deposition the Bank's Zombie Mortgage was exposed as a fraud. Also discussing latest Covid-19 updates and how those relate to th…
 
There is a huge difference between knowing something and doing something. Everyone knows or at least suspects that the current wave of foreclosures since the year 2000 has been some sort of scam. Only experienced trial lawyers have been successful, most of the time, in turning back efforts to foreclose. Even some pro se homeowners have been success…
 
Bill Paatalo breaks down latest take on the lack of standing US Bank and those associated with US Bank have to prosecute in judicial foreclosures lawsuits against homeowners based on LSF9 Master Participation Trusts. Then Charles Marshall breaks down latest strategies (all Covid-19 impacted) to lawfully and legally delay foreclosures and evictons, …
 
It is often true that the best challenge is after a foreclosure is complete. I know that sounds crazy. But tonight we will discuss tactics and strategies in foreclosure defense in which we can hang the evil-doers by their own paperwork. It’s true that eventually, the truth comes out — or at least part of it. When the “credit bid” is moved around an…
 
Today on the Show Bill Paatalo will break down latest strategies by Chase Bank to manipulate the legal process through name-selection shenanigans. Charles Marshall will break down latest on Covid, as well as provide a preview of an upcoming seminar to be presented by the newly formed trio of LendingEyes, consisting of Neil Garfield, Charles Marshal…
 
SHARE THIS POST WITH LAWYERS YOU KNOW!!! This show is devoted to convincing the lawyers who will listen that they are missing out on something very profitable and important. Representing homeowners faced with foreclosure papers can and does present an opportunity for large paydays, consistent victories in court and playing a part in changing the tr…
 
Host Charles Marshall will address on today's Show anticipated 2021 trends in foreclosure nationwide, through the lens of the now "new normal" of an interlay of Covid-19 restrictions micromanaging all aspects of human life. Whatever one thinks of the impact of the actual Covid-19 virus on public or their own personal health, it is indisputable that…
 
Each payment made by the homeowner to a self-proclaimed servicer is being collected by a third-party vendor, probably under the control of Black Knight. That money is not going to anyone who maintains a loan account receivable on their accounting ledgers. The payment is not reducing the debt because the debt account does not exist under all scenari…
 
Foreclosure litigants need to return to First Principles in the Coming year 2021. What better way than to see Neil's latest Blog post explaining how even admitting you have a mortgage loan when it is securitized, particularly from the mortgage meltdown years from roughly 15 years ago to several years ago, is self-defeating, in that the truth is tha…
 
Follow voice instructions when you dial in or connect via computer. You will be recognized in the order of your questions. * Around one month from now, most moratoriums on foreclosures will expire, unless they are again extended. That means that hundreds of thousands, perhaps millions of foreclosures will be filed or completed over the next year. A…
 
Follow voice instructions when you dial in or connect via computer. You will be recognized in the order of your questions. * In 28 days, most moratoriums on foreclosures will expire, unless they are extended. That means that hundreds of thousands, perhaps millions of foreclosures will be filed or completed over the next year. And just like the 2008…
 
Host Charles Marshall returns with Bill Paatalo to discuss among other matters how the Federal CARE Act will expire at the end of this year. It protected millions of of mortgage loans from imminent foreclosure due to COVID-19 related hardships, with an admittedly band-aid approach of what amounts to a forbearance. That all ends in weeks, and millio…
 
Follow voice instructions when you dial in or connect via computer. You will be recognized in the order of your questions. In 49 days, most moratoriums on foreclosures will expire, unless they are extended. That means that hundreds of thousands, perhaps millions of foreclosures will be filed or completed over the next year. And just like the 2008 m…
 
Most motions to vacate are actually motions for rehearing. Failure to understand the differences results in thousands of hours of legal work that are completely useless except perhaps as a delay tactic. In order to score points in this arena you must (1) disabuse yourself of the notion that you're dealing with a "standard mortgage loan" and a "stan…
 
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 2008. Screenshots Bill has obtained or made available show massive fraud in the routine altering of servicing records which alterings …
 
Bill Paatalo has gotten intel through his private investigation tools to explosive evidence that WAMU contracted with ACS Image Solutions to destroy loan files in August of 2008, a month before the September 2008 Receivership in BK which WAMU was forced into as a result of the meltdown of their overall accounting balance sheet in the summer of 2008…
 
Tonight I will discuss the curious case of blatant economic fraud on the entire country by investment banks. They figured out how to eliminate the risk of loss on lending, how not to be labelled as a lender subject to lending laws, and who pursue collection, administration and enforcement of obligations that do not exist. And then by denying the re…
 
Great Gig if you can get it: Lehman Brothers in their bankruptcy (BK) here in 2020--yes 2020--is having to respond to a proof of claim (POC) which has been filed in the Lehman BK by Nationstar, along with a stipulation which effectively confirms the POC, to the effect that Nationstar is affirmed to have a right to collect from the debt originator L…
 
The system has been caught flat-footed by the banks' strategy of weaponizing the court process to prove a nonexistent claim. Homeowners and many lawyers throw up their hands claiming that the banks are just too strong. But the banks are actually weak, once you poke behind the armor. Of the thousands of cases in which the homeowner won or achieved a…
 
Charles Marshall will discuss the Hearsay Rule by referencing the details of Federal Rules of Evidence (FRE) 801, which defines Hearsay as the term applies to legal proceedings in Federal Court. The evidence rules of the various States all largely mirror these Federal Rules. Then he will breakdown some of the exceptions to FRE 801, with particular …
 
You received a loan, didn’t you? You didn’t pay, did you? You signed the note, didn’t you? You signed the mortgage didn’t you? Why all of those questions are irrelevant. how to instruct the court and convince the judge to rule accordingly is a skill that most people, including lawyers don’t possess, because they share a mythology with the judge tha…
 
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