THE NEIL GARFIELD SHOW

Foreclosure matters unresolved and especially even when resolved have major implications for legal options and results and at the far end impositions, related to taxes owed, credit consequences and options, bankruptcy options or impositiions, unlawful detainer options or limitations, and even estate planning alternatives. Will address all these topics today on the West Coast Foreclosure Show.

The banks have elevated pro forma spreadsheets into the illusion of actual deals. The reason nobody has ever come up with a money trail showing that the aggregation took place and was sold to a trust is that no such money trail exists. The truth is that no actual aggregation took place and there was no sale to the trust. In fact probing the trusts, there is never a time that the trust is actually...

it is possible to change loan numbers and the change could be related to combining data between two entities where the loan papers or servicing rights are supposedly being transferred. If Company A for example uses a 10 digit format for loan numbers and then “transfers” the loan to company B which uses 11 digit format for loan numbers, the loan number would need to be changed. That said, it is oft...

Indemnification of mortgages is a topic which is implicated when homeowners seek to refinance or sell their homes or the mortgage notes associated with their homes. Indemnification happens when one party tells another party: I will indemnify you from harm, meaning I will carry the weight of any legal consequences, and if you get an unfavorable legal consequence, such as an adverse Court ruling or...

Bill Paatalo is back on the West Coast Foreclosure Show to discuss a recent 10th Circuit Court of Appeals ruling which going forward will deny Chase the right to use bankruptcy preemption rules to deny homeowners pursuing claims against Chase due to endorsements of notes from WAMU, when those ostensibly legal (not!) endorsements occurred after September 25, 2008. Sounds complicated let's unpack ma...

https://livinglies.wordpress.com/2018/04/26/tonight-how-are-homeowners-winning-the-neil-garfield-show/ Homeowners are winning cases in increasing numbers as Judges get increasingly skeptical of  the so-called evidence that is brought into their courtrooms by banks and servicers. Homeowners are winning foreclosure cases with rulings that describe the defects and deficiencies in the proof. Homeowner...

Charles Marshall hosts tonight presenting step by step guidelines for defending against unlawful detainer lawsuits

How to Withhold Vital Information from Homeowners. Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the Government Sponsored Entities (GSEs) banks, the courts and the regulators in allowing “presumptions” to be used even when the actual facts are different from the presumed facts. Fannie and Freddie have long been a mystery wrapped in an enigma...

Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the banks, the courts and the regulators in allowing "presumptions" to be used even when the actual facts are different from the presumed facts. . As predicted by myself and Bill Paatalo years back, it didn't take long for someone to realize that a new business plan had emerged to enrich themselv...

We hardly ever address appellate practice on these pages or the Neil Garfield Show. Tonight Charles Marshall, California Attorney, discusses basic factors on appeal.  What is an appeal? When should notice of appeal be filed? What does an appellate panel or judge consider on appeal? What are the issues on appeal? Can new facts be introduced on appeal? Can jurisdictional issues be brought up for the...

When will Chase and the other TBTF Banks finally be seen as conspirators who collectively have lied and created false documents in nearly all foreclosures over the past 10-15 years? Why are their documetns receiving the presumption of authenticity and the truth of the matters asserted in their fabricated documents? How many more tens of billions of dollars in settlement will it take to disabuse co...

Prior to the securitization era began, no party to litigation was entitled to a legal presumption of facts when they had engaged in patterns of conduct in which they had forged, fabricated or otherwise attempted to use self-serving documents that were neither official documents nor otherwise credible. It is time that people return to the rules of evidence starting with the Obligee and Obligor. Pre...

Investigator Bill Paatalo will share a bombshell: There is a COMPLETE disconnect between the Trust, the Servicer and the Borrower and there is NO WAY to prove, through verifiable accounting, that the alleged investor ever receives the payments from the Homeowners. On February 23, 2018 JPMorgan Chase filed an emergency motion seeking clarification and an in camera review. (See: Proodian-V-Chase-Ord...

"Table Funding" comes in many flavors but all table funded loans, according to Reg Z of the Federal Reserve, are predatory loans per se especially if it was part of a pattern of conduct by the originator. 1. The one addressed by TILA and required disclosures of the identity of the lender (giving the consumer choice over who he/she decides to do business with) has some basics to it. You have a real...

See: https://wordpress.com/post/livinglies.wordpress.com/54827 To download case referenced go here. The process starts off with Discovery, Motions to Compel, Objections at Trial and Cross examination. But what is the underlying theme behind those objections and cross examination? All objections and cross examination questions arise from a knowledge of the rules and laws of evidence. What you don't...

A terminated or unfunded trust lacks capacity to direct other parties to sue or be sued, or to sue or be sued in a representative capacity.   Trial courts typically fail to require supporting evidence of a trust’s capacity to direct foreclosure.  The alleged trust that likely was never funded and exists only on paper lacks any authority and yet the courts will proceed with the presumption that the...

The one BIG thing it is missing is that bank documents are hearsay and that certain documents kept in the ordinary course of business have credibility and therefore may be admitted as an exception. The point here is credibility --- if the documents come from a third party unrelated to the litigation and with no possible interest in the outcome then the authentication process is enough. But the clo...

See: https://livinglies.wordpress.com/2018/01/18/live-at-3pm-pacific-the-west-coast-foreclosure-show-fraudulent-indorsement/ Judges are increasingly discounting fraudulent endorsements that appear out of nowhere, seemingly to “perfect” the right to foreclose. Judgments are often based on erroneous conclusions especially when the Bank fails to prove the chain of title back to the original lender, w...

Neil Garfield will discuss the difference between Information and Evidence.  No report from either side is admissible without proper foundation. Without foundation the report will be and should be excluded from being included in evidence for the trier of fact to consider.  Opinions that are often included in reports often diminish the credibility of the report unless the writer has been qualified...

Visit us at LivingLies to view the documents related to this show. Attorney Scott Aronowitz filed a declaration that was submitted in a Washington case that he was a “Litigation specialist” for Selene Finance, LP.   Investigator Bill Paatalo’s research shows that Aronowitz is an attorney, but fails to disclose this fact.  In-house counsel executes mortgage documents without revealing they are lice...

https://livinglies.wordpress.com Attorney Charles Marshall will discuss California's Homeowner Bill of Rights. Parts of HOBR will be replaced and the Consumer Financial Protection Bureau’s Loss Mitigation Rules still apply. The provisions prohibit recording a notice of sale or conducting a foreclosure sale upon receipt of a “complete application for a foreclosure prevention alternative.” In the pa...

Attorney Patricia Rodriguez will join Neil Garfield to discuss the Homeowner Bill of Rights (HBOR), which establishes protections for homeowners and tenants facing foreclosure.  It was set to expire on December 31, 2017 but has been extended. Neil Garfield will discuss the difference between information and evidence. Both evidence and information: inform the investigator what happened, when and wh...

Mortgage servicers are collecting Phantom Debt on behalf of Phantom creditors by creating fabricated and forged documents.  Servicers counterfeit mortgage notes and pursue collection of this 'debt'- but who do they send the proceeds they collect to, if there is no true creditor or funded trust that can be identified, or can accept payments from the servicer? It is now known that: The banks funded...

Investigator Bill Paatalo joins California foreclosure attorney Charles Marshall to discuss one of the most egregious foreclosure decisions in recent history.  An Arkansas Bankruptcy court ruled that bank fraud is an acceptable practices in Shiefer v. Wells Fargo.  Wells Fargo, on the record, admited to executing a note by a WaMu Officer in 2013- when WaMu no longer existed and long after FDIC Rec...

Do you have a perplexing question about foreclosure, securitization or chain-of-title issues?  Neil Garfield will answer questions from callers.  Please keep your question brief and limit yourself to one question so other guests may have an opportunity to speak with Neil.  Information provided is for educational purposes only and is NOT intended as legal advice.  Neil recommends you meet with an e...