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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…
 
See Bill Paatalo's Blog post of August 21 re how the Lehman Brothers BK of 2014 served as conduit for enabling Bill himself to do a deep-dive analysis of a database of almost 100,000 loans spread over approximately 250 securitized trust transactions associated with one RMBS Protocol. His analysis took place in what was a sample audting of securitiz…
 
Just like 2008, people are not making payments for rent or mortgage in record numbers and most of them are not covered in any formal agreement with anyone, much less anyone authorized to offer forbearance or modification or settlement. And just like 2007-2008 when many analysts including myself were calling out to take action to avoid a crash, nobo…
 
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 Pennsylvania case to highlight how this 'Trust' is used to create legitimacy for a fake Bank of America merger. Second, Bill exposes significant …
 
The simple fact that lies at the root of most foreclosures is that the underlying obligation was never purchased or sold, and in most cases not even from the homeowner. The fact that the homeowner recieved money is not conclusive that the reason the hoemowner received money is that it was part of a valid loan agreement. If lawyers and homeowners wa…
 
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 state, as it is typically a deed-of-trust state. There are a minority of judicial foreclosures in Missour…
 
On the Neil Garfield Show today host Charles Marshall will break down the latest trends and developments in the Covid-19 landscape, addressing the following legal areas in order to apprise borrowers what they can do to slow or possibly even derail the coming foreclosure train. With unemployment numbers continuing in most parts of the country to be …
 
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 elderly person who owned the home in fee simple, who would then live out his or her life in the home, as if still owning the home. While techni…
 
My opinion, backed by 14 years of research and securities analysis which I am qualified to perform, is that you probably have what I call an orphan debt. Based upon filings with the SEC and other documents I have reviewed I am quite certain of this. This is the result of an intentional avoidance of lender liability for violations of federal and sta…
 
Bill Paatalo in a recent Blog Post (May 14), laid out the position that the FDIC's own promulgated Rules and Regulations demonstrate that the WAMU to Chase purported transfers of securitized trust mortgage loans never legally properly happened due to the criteria laid out in same Rules and Regulations. Bill will cover the factors at play here, incl…
 
I have been right on every point since 2006. I correctly predicted the collapse and even the order of collapse of certain investment banks, the foreclosure tidal wave of 2008-11, the ways to beat foreclosures, I won foreclosure cases both as lead attorney and as consultant to other attorneys, and now I’m predicting a new tidal wave of foreclosures.…
 
Qui Tam Actions generally are lawsuits in which an individual sues on behalf of a governmental entitiy, typically the Federal Government, with the goal of remedying a defrauding of the government by a private organization or individual. These actions typically take the form of a whistleblower exposing the defrauding actions of his or her employer. …
 
Tonight we pick up where the blog left off. The important but as yet unpublished opinion and decision in California Appellate court in which an appellate court stated clearly and unequivocally stated that allegations do state a cause of action if the homeowner contends that Chase did not buy loans in the Purchase and Assumption Agreement on Septemb…
 
Instead of taking the opportunity to review complaints about the process of foreclosure and eviction, the Governor of Florida is issuing an order that all but assures that the foreclosures will continue to be regarded as valid — i.e., based on true facts about the status of the claimed debt, the ownership of the debt, and the authority to collect, …
 
Instead of taking the opportunity to review complaints about the process of foreclosure and eviction, the Governor of Florida is issuing an order that all but assures that the foreclosures will continue to be regarded as valid — i.e., based on true facts about the status of the claimed debt, the ownership of the debt, and the authority to collect, …
 
Bill Paatalo harkens back to an article he wrote and posted on his Blog back in 2016 re the supposedly legitimate transfer of WAMU securitized mortgage loans through their 2008 bankruptcy case, faclitiated by the FDIC, to Chase. Bill has used his keen analytical skills to demonstrate that the transfer was the sham we have been calling out, and coll…
 
You still owe the money. But only if you continue to believe it is a loan. I have my doubts. As soon as the moratorium period is over, there are going to be hundreds of thousands of foreclosures initiated and many car repossessions because an extra 30 million Americans are out of work, many are not receiving unemployment benefits and many who are g…
 
We will discuss on Today's Show how the recently enacted federal CARES ACT, otherwise known as the Coronavirus Relief Bill, has unsurprisingly been commandeered by Big Bank lobbyists to direct monies to mortgage servicers servicing securitized loans backed by Fannie Mae and Freddie Mac. Under the arrangement, servicers are directed to pay investors…
 
For 20 years homeowners have been losing their homes based upon the deep seated belief that despite all the fraud, fabrications and even perjury, somehow the foreclosures are giving money back to people who paid for transactions that were loans. But for the banks, this has strictly been an exercise in profit making from the issuance and trading of …
 
Bill Paatalo will discuss on the Show today how he is taking the fight to the Defendants in his Oregon case, previously discussed on the Show, which Defendants are now seeking massive attorney's fees, over six-figures. The same Defendants who managed to secure a judgment based on lack of subject matter jurisdiction, are claiming now this same Court…
 
Government and business and banks are announcing various efforts to stave off a total economic collapse. Moratoriums and have been announced. Forbearance programs have been announced with little details as to how these programs will impact the average homeowner or renter. Publix just announced that it won’t charge rent to tenants in shopping center…
 
COVID-19 topics discussed on the Show today are as follows: - How states are issuing both in judicial and non-judicial foreclosure states foreclosure and eviction moratoriums of various kinds; - How borrowers can potentially bring in California declaratory or injuctive relief lawsuits if any notice of default (NOD) is filed against them at this tim…
 
We are at the beginning of an epidemic. As usual information has been scarce and only highly placed government officials and scientists are in possession of the real data, and analysis and projections. What we do know is that more and more local governments and businesses are leading the way to contain the spread of the Corona virus. Among those st…
 
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