Woman has her safety deposit box at BofA emptied out. Bank replies: Hey thanks for the update!

Justice League

ORANGEVALE (CBS13) – A woman says her bank let her safe deposit box vanish. And she’s not the only one.

Susan Nomi says when she went to open her Bank of America safe deposit box of 16 years, the entire box was gone.

That’s where she kept her family’s jewelry and her dad’s coin collection.

“I was in shock; I was just like what happened to my box,” said Nomi.

She says Bank of America can’t explain where her valuables went.

“They don’t have an answer. They don’t have an answer. They say thanks for letting us know,” she says.

Nomi was infuriated, especially considering she is a retired Bank of America employee of 40 years. And she’s not alone. Others have complained that Bank of America drilled their safe deposit boxes without permission or notice.

Wendy Woo says her belongings were taken out of her safe deposit box and…

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How to Use National Settlements as Part of Foreclosure Defense

About time! Many foreclosure defense attorneys do not take the time to dissect these Settlements and Consent Orders. Certainly, many judges have never thoroughly read them -or there would be more sua sponte Orders. There ought to be ongoing prerequisite classes set up for foreclosure judges and attorneys to dissect and review these government actions. It might slow down the need for appeals. Actually, just following the rule of law would help.

Livinglies's Weblog

Bill Paatalo brought this provision to me attention again. It gives a virtual checklist for discovery:

  1. All DOCUMENTS regarding the National Consent Judgement’s (CONSENT

ORDER) “Settlement Term Sheet (I)(A)(4) which reads as follows:

  1. Servicer shall have standards for qualifications, training and supervision of employees. Servicer shall train and supervise employees who regularly prepare or execute affidavits, sworn statements or Declarations. Each such employee shall sign a certification that he or she has received the training. Servicer shall oversee the training completion to ensure each required employee properly and timely completes such training. Servicer shall maintain written records confirming that each such employee has completed the training and the subjects covered by the training.

Let us help you plan your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult.

Purchase now Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense webinar including 3.5 hours of lecture, questions…

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Tonight! DISAPPEARING LEGAL PRESUMPTIONS on the Neil Garfield Show 6PM EDT With Charles Marshall, Esq. and Bill Paatalo

Livinglies's Weblog

Just the Facts, Ma’am!

Thursdays LIVE! Click in to the The Neil Garfield Show

Or call in at (347) 850-1260, 6pm Eastern Thursdays

Charles Marshall, California attorney and Bill Paatalo, private investigator, discuss the implications of two Hawaii cases that are mirroring other decisions across the country.

Hawaii Schranz Case

Hawaii St. John Case

The above links go to two recent Hawaii cases dealing with legal standing. The fundamental fact of law is that standing must be ACTUAL NOT PRESUMED.

Specifically the issue is whether the foreclosing party actually had the original note at the time the foreclosure was commenced. Reasserting that standing is jurisdictional and therefore must be proven (with actual facts) present before a party takes any action, the courts here reversed (not for publication) Summary Judgments in favor of U.S. Bank and BONY Melon respectively.

The basis of the ruling is really that summary judgment could not…

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The Big Lie.

It’s time for the foreclosure defense arguments to evolve. These contracts are not traditional mortgages. They are, and continue to be, securities transactions without any disclosure to homeowners. Secreted securitization is bad enough; however, hidden rehypothecation, not only from the homeowners but also the courts, is a process of wiping out our national land records and title system – an unprecedented destruction of our liberty.

Banks now want to split the mortgage and wait 20 years until the original contracts become due – so they can assert foreclosure on the property (the securities transaction) while all along risking the collateral in rehypothecation deals. A scheme where they continue to rack up debt with other people’s assets.

Now is the time to put an end to the misery of these disingenuous contracts. They were more than mutual mistake – they were frauds upon the America taxpayers, shareholders and homeowners.

Deadly Clear

Can't cheat an honest manIf you are asking yourself ‘why are judges ruling against homeowners when they know the banks scammed them?’ Then you need to understand a judge’s most basic insight into the human condition is that it is impossible to con an honest man.* It is larceny lurking in the soul of its victim that is preyed upon. What does that mean?

The mortgage deals were too good to be true – but the homeowners believed it to be the truth… because they wanted it to be and it all boils down to making “easy”  M-O-N-E-Y.

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NY Monroe Case: Default entered against homeowner — CASE DISMISSED on Standing — US Bank Never refiled.


Livinglies's Weblog

multiple choice robo-pleading


I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named as a REMIC Trust, for which the attorneys claim that US Bank is the Trustee.

As such the Plaintiff does not own nor have any interest in the loan either as owner or servicer. Hence the named trustee (U.S. Bank) is named but it has nothing to do since the trust is nonexistent and in all events no attempt has ever been made to entrust the subject mortgage into the fiduciary hands of U.S Bank.

And THAT is because the only party with an equitable interest in the debt is a group of investors whose money…

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Pay Attention! Look at the money trail AFTER the foreclosure sale

It just keeps rollin’ on…

Livinglies's Weblog

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most “foreclosures” initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt.

It has long been obvious to me that the money trail is separated from the paper trail practically “at birth” (origination). It is an obvious fact that the owner of the debt is always someone different than the party seeking foreclosure, the alleged servicer of the debt, the alleged trust, and the alleged trustee for a nonexistent trust. When you peek beneath the hood of this scam, you can see it for yourself.

Real case in point: BONY appears as purported trustee of a purported trust. Who did that? The lawyers, not BONY. The foreclosure is allowed and the foreclosure sale takes place. The winning “bid” for…

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DeadlyClear Transitioning to New Domain Host

Same Name – New Host for Domain Name

Not to worry – DeadlyClear and it’s related email accounts are transitioning to a new domain hosting company. There may be some email interruption for 24-48 hours; however, the DeadlyClear WordPress site is unaffected. To enter the DeadlyClear blog use https://deadlyclear.wordpress.com/ for now. The http://www.deadlyclear.com address should be available in a day or two.

Messages can be sent via the temporary CONTACT page on the header. As soon as the transition has completed the CONTACT page will disappear.

Thank you for your patience and understanding.

Sydney & Vp