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Astonishing California bill would shut down free speech, require fact-checkers

The Fallacy of Legitimacy: SEC Documents are not Evidence

I believe that the general rule is, at least in California, that judicial notice can only be taken of the existence of certain documents, even if they are recorded, not their authenticity.
The California Supreme Court has stated that, although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable. StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9.

For example the court can only take judicial notice of recorded documents, it cannot take judicial notice of said documents if their truth or authenticity is disputed. See Skov v. U.S. Bank National Assn. (2012) 207 Cal.App.4th 690, 696 (where bank sought judicial notice of a notice of default declaration stating compliance with Civ. Code, § 2923.5, whether the bank complied with section 2923.5 is the type of fact that is reasonably subject to dispute, and thus, not a proper subject of judicial notice.)

A matter ordinarily is subject to judicial notice only if it is reasonably beyond dispute. See Fremont Indemnity Co. v. Fremont General Corp., supra 148 Cal.App.4th at p. 114-115.

When judicial notice is taken of a document, however, the truthfulness and proper interpretation of the document are disputable. Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal. App.3d 369, 374. Joslin v. H.A.S. Ins. Brokerage, supra, 184 Cal.App.3d at page 374 stated: “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.

Livinglies's Weblog

Documents filed with the SEC are not evidence of the legitimacy of a PSA.  The PSA was not filed with the SEC although the banks would like you to think so. The document, such as it is, was loaded onto the SEC website without any review or acceptance process. Anyone can load documents onto the SEC website. In fact, you can upload them yourself if you have an account.

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In most cases the PSA loaded onto the SEC website is incomplete or unsigned. As an example, in nearly all cases there…

View original post 409 more words

Foreclosure Facts 101: Keep it Simple

This blog post is an excellent example of the KISS principle. Keep it simple stupid. Otherwise you will just waste your time with minutiae

Livinglies's Weblog

Sometimes we need a reminder of what ultimately matters when fighting wrongful foreclosure. Most foreclosures are based upon false claims of securitization, but proving it can be a challenge.

Foreclosure serves the following purposes:

  1. The purpose is to convert the asset into (1) a legal document that makes it appear as though all preceding events were valid and (2) to steal the money.
  2. Virtually all foreclosures are wrongful — i.e., they are not filed for the purpose of getting relief to the equitable owner of the debt —- the investors who thought they had legal ownership pf the paper and the debt. They are filed to steal money from investors and to make it look official.
  3. Default: The debt arose when the homeowner got the money. No question about that.
  4. The homeowner was the obligor of that debt and the party whose money was used to fund the “loan” was and…

View original post 253 more words

Propping Up a High-Price Model of Higher Education: In re Pratola — MEDIATBANKRY

By Donald L. Swanson The U.S. Government continues to prop up a high-price model of higher education, forcing students to bear the brunt of such foolishness! News reports are filled these days with student loan crisis stories. We hear how: –“the number of Americans severely behind on payments on federal student loans reached roughly 4.6 million […]

via Propping Up a High-Price Model of Higher Education: In re Pratola — MEDIATBANKRY

The fact that anyone was able to obtain student loans totaling over $500,000 for an undergraduate degree in “interdisciplinary studies” and a graduate degree in “cinema and television production” just shows that student loan lenders do not care about whether or not the “student” can repay the loan as the United States Government (taxpayers) will guarantee that the loan is repaid.  That needs to stop immediately!

 

Lateral Appeal in BKR to District Judge Often Overlooked — Livinglies’s Weblog

The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that […]

via Lateral Appeal in BKR to District Judge Often Overlooked — Livinglies’s Weblog

 

Rescission Precision Goes to U.S. Supreme Court Petition for Mandamus — Livinglies’s Weblog

10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus. First to stop judges from applying legal PRESUMPTIONS and second to stop judges from ignoring TILA rescission. Now someone has done it and others might follow suit, […]

via Rescission Precision Goes to U.S. Supreme Court Petition for Mandamus — Livinglies’s Weblog

 

Investigator Bill Paatalo: Why Are The Oregon Courts Ignoring Its Own Rules Regarding The “Surrender And ‘Tender’ Of ‘Original’ Negotiable Instruments?” — Livinglies’s Weblog

Posted by Bill Paatalo on Dec 14, 2017 https://bpinvestigativeagency.com/why-are-the-oregon-courts-ignoring-its-own-rules-regarding-the-surrender-and-tender-of-original-negotiable-instruments/ This is the Oregon Uniform Trial Court Rule regarding the surrender of negotiable instruments before the entry of a judgment. Oregon is typically a non-judicial foreclosure state. However, the bank servicers have been increasingly choosing to go the judicial route. My sources are telling me that […]

via Investigator Bill Paatalo: Why Are The Oregon Courts Ignoring Its Own Rules Regarding The “Surrender And ‘Tender’ Of ‘Original’ Negotiable Instruments?” — Livinglies’s Weblog

The rules in California are very similar as a promissory note or other written obligation to pay money such as a negotiable instrument, if any, upon which the action is brought must be submitted to the clerk. The court clerk is required to note across the face of the writing, over his official signature, the date and fact that judgment has been rendered on such contract. See California Rule of Court 3.1806 which states that

“In all cases in which judgment is rendered upon a written obligation to pay money, the clerk must, at the time of entry of judgment, unless otherwise ordered, note over the clerk’s official signature and across the face of the writing the fact of rendition of judgment with the date of the judgment and the title of the court and the case. ”

Rule of Court 3.1806

NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS — Clouded Titles Blog

(BREAKING NEWS, OP-ED) — Boo, Frickety Hoo! Why is everybody in the foreclosure mill and related industries pining over the announcement by several news outlets that Northwest Trustee Services, Inc. (“NWTS”) in Bellevue, Washington is closing its doors? I for one am glad to see them “out of here”, given the fact of NWTS’s propensity […]

via NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS — Clouded Titles Blog

FCC Approves New Rules to Block Robocalls — considertheconsumer

The Federal Communications Commission voted on Nov. 16 to allow telephone carriers to block robocalls that appear to be fraudulent—a particularly annoying and costly problem that has mushroomed in recent years. The ruling specifically targets calls that use so-called caller ID spoofing, which allows robocallers to manipulate information that shows up on caller ID to…

via FCC Approves New Rules to Block Robocalls — considertheconsumer

Leveraging the Death of an Originator in Foreclosure Defense- December 11, 2017 at 4pm Eastern — Livinglies’s Weblog

Register Now: Leveraging the Death of an Originator in Foreclosure Defense Foreclosure expert and attorney Neil Garfield, M.B.A, J.D., will address what happens when the putative loan originator no longer exists. This strategy seminar will cover the best way to attack mortgage liens, notes, assignments, powers of attorney and endorsements, when servicers like Ocwen, Nationstar, […]

via Register now! The Garfield Continuum Mini-Seminar for Licensed Attorneys and Pro se litigants: Leveraging the Death of an Originator in Foreclosure Defense- December 11, 2017 at 4pm Eastern — Livinglies’s Weblog

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