Guidance for Judges When Considering Admissibility of Hearsay Business Records

The quasi-servicer witnesses are merely computer jockeys. They look at screen shots of the computer software platform of data they did not enter and do not know who did… Nor did they watch any of the entries. The best question to ask is “what servicing software platform are you using?” It will open up a world of information.

It’s not the computer jockeys you want to depose. It’s the IT guys. How the software operates, exactly what and how it is entered and stored, and how it is linked to the foreclosure attorney firms for their access (and encrypted messaging) will provide a myriad of crucial information.

Judges think there a boxes of original files and documents being stored. What a hoot! All these “collateral” files contain are copies printed from the computer that are accessed by hundreds of people who also have the keys to make minimal to mega changes (alterations) to “original” scanned documents.

Unknown's avatarLivinglies's Weblog

We have all seen it. Practically every foreclosure trial is the same. The lawyers claim they represent the servicer but do not claim to be representing the Plaintiff “Trust.” Their sole witness is a robo-witness whose sole job is to testify in court and who in most cases never had any other relationship with the servicer or any bank or trust involved in the subject foreclosure.

The lawyer seeks to get into evidence the “business records” of the “servicer.” In most cases the “servicer” is not the servicer. It has processed no payments and has done none of the duties of a servicer as it is understood in the industry and as specified in the Pooling and Servicing Agreement. That servicer is in actuality an enforcer masquerading as a servicer.

So the lawyer shows the witness the “business record” and asks him what it is and the witness replies that…

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Rescission Causing a Stir: NEXT WEEK! On the Neil Garfield Show

Unknown's avatarLivinglies's Weblog

Click in to tune in at The Neil Garfield Show

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

More than 24,000 people listen to the Neil Garfield Show. Maybe you should too.

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DUE TO AN UNEXPECTED MINOR MEDICAL ISSUE I WILL BE UNABLE TO HOST THE SHOW TONIGHT.

The question is what do you do after you have sent the notice of rescission? And that extends to rescissions that were sent years ago. There are many nuances here caused by State and Federal law. But one thing cannot denied: the rescission is effective by operation of law when it is mailed and nothing except another operation of law can change that.

Practice Note for Lawyers: Lawyers for the banks and servicers are attempting to use fear and intimidation — trying to grab back the narrative. They can only do that if you let them. When they ask you…

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Judge: Wells Fargo to pay $8M for fraud tied to trust set up when Dallas woman was orphan

Not surprised are we?

justiceleague00's avatarJustice League

wells-fargo-hells-cargo

Wells Fargo Bank has been ordered to pay a Dallas woman more than $8 million by a state judge who concluded the bank defrauded her in serving as a trustee for a trust established by her relatives in Midland when she was orphaned at age 7.

In court filings and during a 2012 bench trial before State Judge Emily Tobolowsky, Angela Militello alleged that she had been deceived by Wells Fargo, which was acting as the trustee in a trust set up for her as a child. (The original complaint is here.)

Wells Fargo sent a trust officer to Dallas County in 1999 to discuss Militello’s trust, she alleged. At a Dallas restaurant, he informed her she needed to “open a new account” and produced papers for her to assign to create a revocable trust.

In 2006, following her divorce, Militello asked her trust officer how she might get $200,000 to  buy a house where she…

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When Wall Street Offers Free Money, Watch Out

Couldn’t have said it better: “It’s sold as a magic bean,” said Todd Ely, a professor at the University of Colorado at Denver who has studied pension bonds. “But when it goes bad it’s not free. Then it isn’t really magic. If it could be counted on to work as often as it’s supposed to, then everyone would be doing it.”

justiceleague00's avatarJustice League

Bankers and new accounting rules are emboldening governments to borrow-and-bet their way out of pension problems, a strategy that’s backfired in the past.

This story was co-published with the Washington Post.

If there were ever a time not to bet the moon on the stock and bond markets, it’s now, with U.S. stocks at near-record highs and interest rates on quality bonds at near-record lows. But Wall Street is urging state and local governments to do just that — and they’re listening.

Despite the risks, governments are lining up to issue billions of dollars in new debt to replenish their depleted pension funds and, as a bonus, take some pressure off strapped budgets. In some cases, the borrowing makes their balance sheets look vastly better.

Bankers, who make fat fees for raising the money, are encouraging this borrow-and-bet trend. Their sales pitch is that borrowing at today’s low interest…

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What Assets Did Greece Just Hand Over To Europe: “Airports, Airplanes, Infrastructure And Most Certainly Banks”

America – please get this! Do you understand what is truly going on? If you do, you will be pissed.

justiceleague00's avatarJustice League

Zerohedge:

The Simpsons had it right all along:

With the provocative and dramatic Greek “time out” language pulled from the final finmin and summit draft language, the two most humiliating aspects of the latest extend and pretend “deal” for the Greek people will be the return of the Troika’s (surely we can call it the Troika again as part of the Greek capitulation) IMF mission to Athens, and the escrowing of some €50 billion in  Greek assets in a liquidation fund.

Granted said fund will not be domiciled in Luxembourg as was originally envisioned, but Europe will still have control and first refusal rights over what are technically Greek properties, in the process Athens handing over about 25% of Greek GDP (and sovereignty) over the Brussels.

What are these assets? For the answer we go to the horse’s mouth, Jeroen Dijsselbloem, who laid out the holdings of the proposed…

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Vermont AG Reaches $1.25 Million Settlement With Bank Of America Over Foreclosure Settlement Practices

Not early enough!

justiceleague00's avatarJustice League

CONTACT: Bill Sorrell, Attorney General, (802) 828-3171

July 10, 2015

Vermont Attorney General William H. Sorrell announced today that Bank of America will pay the State $1.25 million to resolve the State’s claim that the bank failed to honor the terms of settlement agreements it entered into with homeowners in foreclosure actions.

“Homeowners faced with foreclosure need to know that when their bank makes a deal to settle the foreclosure action, the deal will be honored,” said Attorney General Sorrell. “When banks fail to live up to promises they make to Vermont homeowners, there will be consequences.”

Under the settlement, $1 million will be paid to the State, and a $250,000 fund will be created to compensate Vermont homeowners who establish that Bank of America failed to honor the terms of their settlement agreement. Any homeowner who wishes to make a claim against the fund may submit a claim…

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Long Islanders hope six-year deadline will block foreclosures

Talk about equitable … That’s the way it should be. Call a Tulip Bubble and be over with it!

justiceleague00's avatarJustice League

A small but closely watched number of Long Island homeowners are asking judges to dismiss foreclosure cases against them, saying lenders missed New York’s six-year deadline to file such lawsuits.

Already, a judge has thrown out a Sound Beach couple’s foreclosure case because the lender took too long to file its second lawsuit, after the first one was dismissed. The case has drawn intense scrutiny from attorneys who represent homeowners and lenders. In interviews with Newsday, attorneys said more homeowners have filed court papers seeking the same result.

As Long Island struggles to emerge from its yearslong foreclosure crisis, the deadline could mean a yet-to-be-determined number of Long Island homeowners win their foreclosure cases and stay in their homes.

Read on.

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New Laws That Allow The Government to Seize Savings Deposits During a Crisis

Take the time to digest.

justiceleague00's avatarJustice League

Behind the veneer of “all is well” being promoted by both world Governments and the Mainstream Media, the political elite have begun implementing legislation that will permit them to freeze accounts and use your savings to prop up insolvent banks.

This is not conspiracy theory or some kind of doom and gloom. It’s basic fact.

When a Cyprus bank went bust in 2013, the Government SEIZED 40% of ALL SAVINGS DEPOSITS OVER €100,000.

Here’s the timeline:

·      June 25, 2012: Cyprus formally requests a bailout from the EU.

·      November 24, 2012: Cyprus announces it has reached an agreement with the EU the bailout process once Cyprus banks are examined by EU officials (ballpark estimate of capital needed is €17.5 billion).

·      February 25, 2013: Democratic Rally candidate Nicos Anastasiades wins Cypriot election defeating his opponent, an anti-austerity Communist.

The initial stage of this took over six months to develop…

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Behind the Deal to Bring J.P. Morgan Jobs to New Jersey

And why not? Wasn’t the HQ of the mob in Jersey City?

justiceleague00's avatarJustice League

The deal Thursday to bring more than 2,000 bank jobs to New Jersey from New York City began last year with a phone call.

Last fall, New York City Mayor Bill de Blasio rejected the entreaties of J.P. Morgan Chase & Co. to move its headquarters to the far West Side of Manhattan in exchange for hundreds of millions of dollars in tax breaks. The Democratic mayor called the company’s subsidy request “a nonstarter.”

Within a day of Mr. de Blasio’s remarks, New Jersey Lt. Gov. Kim Guadagno, a Republican, and an official with the state’s economic arm, Lauren Moore, called J.P. Morgan Chief Operating Officer Matthew Zames to discuss what the state could do to persuade the company to move jobs across the Hudson River, according to people familiar with the conversation.

Read on.

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