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Nardolillo V. Chase – Northern District of California: Motion to Dismiss Denied

That is good news that at least some judges are beginning to see through the smokescreen put out by the big banks and mortgage servicers.

Livinglies's Weblog

By J. Guggenheim/www.lendinglies.com

Note: Our ongoing gratitude to Investigator Bill Paatalo of BP Investigative Agency for keeping us updated with significant developments in nationwide foreclosure defense cases.  Paatalo is the preeminent investigator regarding WaMu/JPMorgan Chase “merger” issues.

See Nordolillo v. JPMorgan Chase Nardolillo v. Chase

Analysis by Neil Garfield:  Although Nardolillo’s case has merit, unfortunately he may lose because he already alleged that the loan was sold to a specific securitized trust.  We already know the loans weren’t transferred to the trusts, so Nardolillo has already compromised his own case by making erroneous presumptions.

Without an amendment to his pleadings, he will be forced to prove the trust bought the loan which is impossible because the trust didn’t buy the loan and therefore there is no evidence to support the allegation.

The flip-side is that if Nordolillo had not identified who the loan was sold to, the court would have…

View original post 1,766 more words

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Back them into a corner — Request for Admissions

This is an excellent strategy if used correctly as requests for admission in California can “request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact.” See Code of Civil Procedure section 2033.010.

Livinglies's Weblog

As part of my consultation on a case involving PennyMac and Citi, I suggested a strategy (see below) using the procedural route of a Request for Admissions. If not answered, the requests are deemed admitted — which in most cases will completely undermine the foundation for any of the evidecne proffered by the foreclosing party. If admitted, the same result applies. If denied, you have something to ask for in further discovery. If objections are filed then the lawyer must be prepared with cases, statutes and treatise authority to back up his claim that he/she is entitled to the information and that without it the trial will be a sham.

The usual response to a request for production is that they already gave you the paperwork — when you know and they know that isn’t what you were asking for. You hopefully asked for all documents in which there was…

View original post 913 more words

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