The arrogance of the banks is subsumed in the decisions of courts. That the writer of an instrument would attempt to literally write language into an instrument that contradicts the laws of evidence is arrogant; but the fact that judges are accepting it because it appears in black and white, is abdication of the judicial function.
“That is exactly what has been happening, and it is getting even worse. The servicer lawyers are not submitting any evidence at all or responding to homeowner objections and the court is taking statements of counsel as presumptively conclusive.” — Dan Edstrom, Senior Forensic Analyst
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
From Bill Paatalo, who continues his unending analysis to corroborate the narrative that the banks and servicers are defrauding investors, homeowners and the courts.
The offending language directly contradicts the hearsay and best evidence rule when applied to homeowners who are not party to the instrument and are even barred from introducing elements of the trust instrument (Pooling and Servicing Agreement) to support their trial objections and cross examination of robo-witnesses. Provisions like the one quoted below are used extensively to allow complete strangers to intervene while brandishing only a photocopy of unknown origin and authenticity.
Note that this Agreement merely specifies that the parties intend to do something — not that the loans are hereby conveyed, transferred, assigned or endorsed. This is because the loans do not yet exist.
Note also that the the first signature page of the document is signed by someone purporting to be from WAMU but no signature is shown for Countrywide. This is corroboration that incomplete and partial documents are field regularly with the SEC without review. The second signature page, which could have been attached at any time, is the reverse.
Note also the reference to the MLS (Mortgage Loan Schedule). I have seen no MLS that conforms to this language even though the documents usually specify all the elements contained in these definitions. On Exhibit 12, entitled Mortgage Loan Schedule, there is nothing listed. Sometimes we see a reference to a third party who keeps a “binder” containing the MLS. IN no case that I have seen, has an original filing with the SEC ever contained a Mortgage Loan Schedule — except where the prospectus contains an acknowledgement that the MLS is false and is shown only by way of example what the MLS should look like.
Here is what Bill Paatalo wrote:
Here’s that lovely language again. What is also interesting is Section 6.04 states that the MERS ID must be changed to investor “1003646” and this belongs to BofA as Trustee/Custodian for WaMu/WMMSC (attached.) I’ve never seen this ID, nor have I ever seen assignments to WMMSC as contemplated in this agreement.
SECTION 28. Reproduction of Documents.
This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications which may hereafter be executed, (b) documents received by any party at the closing, and (c) financial statements, certificates and other information previously or hereafter furnished, may be reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic or other similar process. The parties agree that any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding, whether or not the original is in existence and whether or not such reproduction was made by a party in the regular course of business, and that any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence.
— Bill Paatalo
Oregon Private Investigator – PSID#49411
BP Investigative Agency, LLC
P.O. Box 838
Filed under: foreclosure | Tagged: 1003646=BofA, best evidence, hearsay, MERS ID, WAMU, WMMSC |