30 min
Here is How We Beat the Banks THE NEIL GARFIELD SHOW
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- Investing
We start getting down to specific arguments that can be made to judges and specific testimony from the forensic expert that would likely succeed in educating the court --- as Bill has repeatedly done in the past.
No lawyer can proceed with a defense without knowing the weaknesses in the case against his or her client. Most lawyers proceed without the facts that would reveal those weaknesses. So the starting point is Bill (or some other qualified forensic investigator). The NEXT step is hiring a lawyer who can then develop a strategic and tactical plan to attack the now-revealed weaknesses and defects in the case against the homeowner.
We will analyze an unsigned letter, supposedly from New Rez c//o PHH responding to a QWR by saying that the investor they have listed is "Wells Fargo, N.A., The Bank of New York Mellon f/k/a The Bank of New York, successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-AR-5" There are about 5 salient things that make that statement (a) an illegal response to the QWR and (2) establishing an inconsistent statement that cannot be reconciled unless the prosecuting claimant alleges a clear statement and proves the status of the claimant.
But most of all I explained how this was an opportunity for him to start educating the judge and I suggested that he file a motion for clarification and/or more definite statement since it was impossible for him to determine who the Plaintiff was and who he should pay --- while all the while taking the position that he wants to pay and has the resources to do so. Even if denied this brings the issue up on the radar of the judge. It moves the needle, even if not completely.
We start getting down to specific arguments that can be made to judges and specific testimony from the forensic expert that would likely succeed in educating the court --- as Bill has repeatedly done in the past.
No lawyer can proceed with a defense without knowing the weaknesses in the case against his or her client. Most lawyers proceed without the facts that would reveal those weaknesses. So the starting point is Bill (or some other qualified forensic investigator). The NEXT step is hiring a lawyer who can then develop a strategic and tactical plan to attack the now-revealed weaknesses and defects in the case against the homeowner.
We will analyze an unsigned letter, supposedly from New Rez c//o PHH responding to a QWR by saying that the investor they have listed is "Wells Fargo, N.A., The Bank of New York Mellon f/k/a The Bank of New York, successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-AR-5" There are about 5 salient things that make that statement (a) an illegal response to the QWR and (2) establishing an inconsistent statement that cannot be reconciled unless the prosecuting claimant alleges a clear statement and proves the status of the claimant.
But most of all I explained how this was an opportunity for him to start educating the judge and I suggested that he file a motion for clarification and/or more definite statement since it was impossible for him to determine who the Plaintiff was and who he should pay --- while all the while taking the position that he wants to pay and has the resources to do so. Even if denied this brings the issue up on the radar of the judge. It moves the needle, even if not completely.
30 min