Banks Changing the Laws of Evidence

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

Get a consult! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
 
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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From Bill Paatalo, who continues his unending analysis to corroborate the narrative that the banks and servicers are defrauding investors, homeowners and the courts.
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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.
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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.
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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.
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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.
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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
Absarokee, MT 59001
Office: (406) 328-4075

7 Responses

  1. Question: Why is an Equity Loan treated the same as a purchase loan in reference to foreclosure? They have not lost anything.

  2. I need a good honest attorney in broward for a case that was involuntary dismissed and now the ban is starting the process again. They have lost the note forged documents abnd i need an attorney is knows the law.

  3. thanks for message on my appeal..  it was recieved yesterday by the court..I mailed it last week..gb

    Neil Garfield posted: “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.

    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.

  4. Thats because the harsh reality is no lawyers want them,if they take it prepared to get taken with nothing in return,you may even lose your home if not careful.
    The memo has gone out in the lawyering and judicial industries ,the judges are sitting on massive amounts of MBS in their pension funds,lawyers are getting paid from both sides.

    You think they are working for you because your paying them,and they are but your paying them while they feed you to the other side and they pay em too.
    You will be paying to get screwed again.

  5. Can anyone tell me how to locate an attorney familiar w these issues in VA? I’ve clicked on the links found above, but did NOT find a list of attorneys. Only saw a listing for ONE lawyer in TX. Thanks in advance! pboglin@yahoo.com

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