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Investigator Bill Paatalo who investigates foreclosure fraud nationwide joins Neil Garfield to discuss a recent California trial he testified in. This case was not a foreclosure issue, and the homeowners sought a straight declaratory action seeking to expunge and declare as VOID an assignment by the notorious “Linda Green” from DocX.
The opposition spent two days putting on a dog and pony show about everything but the assignment, and tried profusely to bring in a hundred issues surrounding the debt, standing to challenge the assignment (even though there was no foreclosure issue in play), etc. Interestingly the opposition NEVER rebutted or denied with any witness or testimony that the assignment WAS NOT FRAUDULENT! They chose to ignore the assignment and the issue before the court.
The case survived MSJ twice before the eventual trial, and the judge has taken it under advisement at this time.
Paatalo claims the bank did everything to draw attention away from the assignment, and to get some sort of admission that they were owed the debt. However, the Deed of Trust specifies that the Obligor has a duty to defend title. That is what the homeowner is doing when they challenge a questionable assignment; defending against a fraudulent assignment on title, PERIOD.
Investigator Bill Paatalo can be reached at:
Attorney Charles Marshall can be reached at:
415 Laurel St., #405
San Diego, CA 92101
Filed under: foreclosure |