FOIA Requests, Discovery, and the Power of the Truth

[Editor’s Note: Has anyone noticed that the Chase Purchase and Assumption Agreement for the WAMU estate from FDIC and BKR Trustee has been changed to a new document bearing the same date? Comments invited.]

From Eric Mains

One of the biggest obstacles borrowers in foreclosure cases and their attorneys have is getting proper discovery done so that their cases can be adjudicated on the merits.

In point of fact, one of the biggest problems litigants face in court no matter what their case involves, is trying to delve into the facts regarding what actually occurred in their situations. In short, they are denied access to the truth. 

An especially vexing problem for those who are defending against foreclosures is that even when the truth finally does come out, no matter how inescapable the facts of the situation are, is that sometimes government officials from State Attorney General’s on down fail to enforce the law as applicable to the facts uncovered. They either don’t like the outcome the law would dictate, or they have been receiving healthy “incentive” pay in the form of settlement money from banks or otherwise, or they simply don’t want to open the flood gates to the landslide of litigation they know will surely follow once the first major case breaks.

David Dayen reported on this apparent disregard for justice and the law not long ago in an article that included an interview with Bill Paatalo, who highlighted the failure of REMIC Trusts to legally register in Montana. From that article,“Paatalo asked the Montana Attorney General’s office to investigate whether the business trusts were avoiding state taxes by not registering. He says they’ve done nothing…..The Attorney General’s office declined to comment.

Paatalo added that the Stillwater County clerk, Sandy Fox, refused to answer his questions; Fox also didn’t respond to my request for comment……. “Title 35 is clear and unambiguous,” Paatalo said. “They circumvented and short-cutted every one of these laws. The judges don’t know what to do.”……..In Gallatin County, Montana, clients of Paatalo’s private investigator business have also filed motions to dismiss their cases, armed with certifications from the Secretary of State that their trusts were unregistered, but no judges have yet ruled on them.” “It appears the judges don’t want to enforce the law,” Paatalo said. , David Dayen, interviewing Bill Paatalo regarding the apparent failure of REMIC Trusts to legally register themselves in Montana.

The Intercept, 9/14/15.This failure to uphold the law, to deliver justice to those who have struggled so long and hard to uncover the truth so they could have their cases decided on the merits, is anathema to all those who are brought up to think that their government and judicial system will protect citizens and their rights.

This brings about the question: What are we to do when the law will not be enforced? When our own government looks the other way as our civil and constitutional rights are being trampled on? There are sometimes simply no good or effective answers to this question, and certainly no satisfying ones for those who have lost their homes and been disregarded by the system they hoped would protect them.

The one sure thing that can help everyone involved in the fight for truth, no matter what their cause may be, is to speak up and spotlight it. Help dig up the facts, share what you find with others, and never think your contributions to the fight don’t matter. Sound like a platitude? Maybe to some extent it is, but the simple fact is we never know what bit of truth will suddenly turn the tide on a situation, or result in justice being served. I point you to an interview with Brandon Smith, an unknown but tenacious independent reporter that I am sure you probably never heard of.Just kind of a quick run down of the effects of two FOIA requests, literally just two FOIA requests. The first one of course was for the video and the second was like, last week basically for everything involved with the case.

And a lot of other media organizations kind of followed me in that second request so the response went out to everyone for that but it would be great to sort of mention what the effect of two FOIA’s is. In this case it’s like — see I put it up on my Twitter page, kind of the summary — you have a murder charge of course, the police chief being fired, the department of justice civil rights investigation of the city, and also, most recently, the head of the police review authority quit.

So two FOIA’s made that happen and of course they were well placed FOIA’s, you know, and it has to do with talking to people and reading the news and caring and figuring out what’s important.But all that to say that the people seem to still have some power and I’m happy to tell people that.”, Glenn Greenwald, interviewing Brandon Smith who broke the story of the cold-blooded murder by a police officer of 17-year-old African-American Laquan McDonald, who was shot 16 times. The Intercept, 12/9/15.

It is easy to become discouraged and give up on believing you can have any real effect on change, that’s exactly what the banks involved in the foreclosure crisis certainly want. Deny access to facts, deny access to justice, out money your opponents in court and wear them down.

They tried to do exactly that to me in a recent motion in my own case when they attempted to seal the court documents and deposition of known robo-signer Cynthia Riley from WAMU. They thought they would get away with it because they had done so routinely in multiple cases involving her before. I briefed the court on why the constitution and law do not allow for the dispensing of justice under a cloak of secrecy, and why the truth needed to be accessible by all. Guess what? I won. In fact, I won hands down. See .I could just as well have lost, but the point is occasionally our governmental officials and judges do listen (or are forced to listen) to the truth, and will do as they should. Speak up, don’t give up, fight, and help in any way you are able.

You never know when the facts or bits of truth you uncover will be heard and acted on. This is exactly what those trying to muzzle what is going on with wrongful foreclosures, or other violations of the law, are afraid of.Justice can be unpredictable at times

On that note, I leave you with a final example of a court that did want to hear the truth from a recent case, and in fact told the lower court just that.“Dermabelle also disputes the circuit court’s denial of its Second Motion to Compel…….. However, the Second Motion to Compel was effectively denied by the circuit court’s grant of BNYM’s motion for summary judgment.……. At the hearing on Dermabelle’s Second Motion to Compel, the circuit court suggested to counsel for Dermabelle, “I’m not inclined, in your capacity, where you’re coming in as a purchaser of a foreclosure sale, [to allow Dermabelle] to come in and file this motion for discovery on a case in which your client doesn’t have any obligation on the note and mortgage.” In BNYM’s MSJ, BNYM relied almost exclusively on the Declaration.

Without the Declaration, there was no basis for the circuit court to grant summary judgment because BNYM did not rely on any source of information other than the Declaration to prove that the Lemays had defaulted on their loan and that BNYM was entitled to foreclose. In addition to effectively denying Dermabelle’s Second Motion to Compel, the circuit court granted BNYM’s MSJ before Dermabelle could depose Jones about her declaration, which may have ameliorated the prejudice resulting from the circuit court’s denial of Dermabelle’s Second Motion to Compel. ……Therefore, effectively denying Dermabelle’s Second Motion to Compel was an abuse of discretion that substantially prejudiced Dermabelle.”  

38 Responses

  1. Therefore, without the TORT, nothing can be lawfully enforced by no one.

    I’ve been beaten, scarred, choked, robbed, false imprisoned, cuffed, dragged from my house unlawfully, they broke my left thumb, terrorized me, stole my SUV to DESTROY the ILLINOIS TITLE to it I never signed, stole my ILLINOIS DRIVERS LICENSE, GANG STALKED, lied to, unlawfully dragged forcibly to their WAR TRIBUNAL COURTS, FINED EXCESSIVELY & UNLAWFULLY, etc by rogue AGENTS who I have no knowledge of from the ILLINOIS STATES ATTORNEYS OFFICE.


    They’re clearly of the unlawful opinion we’re owned by SLAVES because of some unknown & unsubstantiated DEBT created by complete strangers to us.

  2. The real criminals run rampant because PERTINENT FACTS get hidden & those NON-DISCLOSURE issues hide MOB RACKETEERING by WALL STREET EXECS by POLITICAL CRONYISM.

    These STATE issues of NON-DISCLOSURE cannot be upheld legally.

    The OBAMA ADMINISTRATION unlawfully tried to RECONSTITUTE the U.S. CONSTITUTION like it was CONTRACTUALLY LEGAL BINDING under the 14th AMENDMENT & unlawfully tried to create the NON-EXISTANT CONTRACT under the guise of the HEALTHCARE SCOFFLAW when no TORT to the U.S. CONSTITUTION ever existed.

    That is not only FORCED COERCION, it is EXTORTION that is CRIMINAL by that office.


  4. Furthermore, the ILLINOIS STATES ATTORNEY’S OFFICE is engaging in DESTRUCTION OF EVIDENCE they’re operating like TERRORISTS on U.S. SOIL by engaging in what can only be described to be RUSSIAN MOB ENFORCMENT TACTICS like they’re the BROWN SHIRT GESTAPO.

    The U.S STATES ATTORNEY should investigate the fact they’re viooating the LEGAL RIGHTS of the citizenry by UNWARRANTED SEARCH & SEIZURE tactics they’re behaving like RUSSIAN COMMANDOS.

    Under many guises, they’re GANG STALKING the citizens of The STATE OF ILLINOIS UNCREDENTIALED for no legally stated reason & it’s criminal.

  5. Correct typo: _Moreover,_

  6. Moewover, I’ve witnessed first hand the CRIMINAL CORRUPTION of the U.S. LEGAL SYSTEM in 4 different COUNTIES in the STATE OF ILLINOIS.

    Therefore, the only logical explanation is the ILLINOIS STATES ATTORNEY has placed some type of UNLAWFUL DETAINER upon the LEGAL RIGHTS of the citizens of this state unbeknownst to us.


  7. Because this war on our TITLES was never lawfully declared & we’re being unlawfully spied upon by ELECTRONIC SURVEILLANCE by unknown enemies, every court in the U.S. should be shut down because that’s LEGAL EVIDENCE OF FRAUD IN THE FACTUM.

    When there’s FRAUD IN THE FACTUM, there’s FRAUD IN THE ESSENCE of the entire system & no one can be operating nothing lawfully.

  8. DERELICTION OF DUTY reminds me of someone I know saying she used to tie her kid to the front porch when he was young.

    Harboring human beings to leashes is never legally justifiable no matter what.

  9. Let me tell you what we do do said CHASE CEO JAMIE DIMON on the prowl on one of the financial news channels.

    He talks the talk of their CODEXA but doesn’t reveal the ALIMENTARIUS part.

    Their clients STOCK PORTFOLIOS were designed to self-destruct in 10-9-8-7 years & with those DERELICTIONS OF DUTY goes the entire can of worms SUBJORNED with PERJURY regarding what they were supposddly invested in that was designed to self implode.

    Maybe they bet BLYTHE MASTERS would fly off on her broom to BARBADOS & change her identity but she said up yours JAMIE, I’m not your whipping post.

    Whatever the TOLL may be the BANKSTER TROLLS created it was FABRICATED none the less by the heavy hitters in the control rooms of MOTOROLLA most likely.

  10. The GLOBALIST FREEMASONIC CULT wants their victims to look like LIZARD PEOPLE by dehydrating their skin & they will ANTHRAX them to speed up the decaying process they cause because DESTRUCTION OF EVIDENCE they’re RELIGIOUS PERSECUTORS, mainly of CATHOLICS, is their MAIN OBJECTIVE.

    They try to cause the victims to blame themselves.

  11. If you really want to send them the message you don’t do business with terrorists, domestic or foreign, get rid of the DIRECT ENERGY WEAPON cable boxes & tell them to jam their SMART METERS because they’re deadly dangerous MIND CONTROL weapons.

  12. Who does DIMON of CHASE really work for the ISLAMO FASCIST STATE BANK OF NEW DELHI?

    Who hides CHASE CEO DIMON’S CREDENTIALS, some ARAB SHEIK in DUBAI most likely because he’s so uncuth it’s ridiculous.

  13. Moreover, if being sued unlawfully by some FOREIGN POWER for your TITLES isn’t terrifying enough because there is no proper LEGAL REPRESENTATION to be found, JAMIE DIMON of CHASE has to terrorize the victims further by throwing the word DIVORCE in the mix.

    How would DIMON of CHASE like to be terrorized by some unknown TERRORIST ORGANIZATION who wants him dead because of his religion?

  14. Correct typo: the _rhetoric_ he promotes.

  15. Clearly DIMON of CHASE is operating on behalf of some foreign power by the rhetoriv he promotes.

    If he were opersting in that capacity in the ISLAMIC NATIONS they would behead him.


  17. The real plague om humanity is FORCED SUBJUGATION by WALL STREET EXECS who think the PRIVACY RIGHTS of WE THE PEOPLE can be willfully & wantonly ignored by their perps.

    JP MORGAN CHASE for example holds TITLES to nothing, but think their harrassment campaign of FORCED COERCION to worship ALLAH is their LEGAL RIGHT & that’s criminal.

    It’s not hard to prove when their CEO, JAMIE DIMON said think of FC like the DIVORCE you’ve been wanting.

    He should have been thrown in ALCATRAZ with no trial for inciting his ISLAMIC FUNDAMENTALIST paramilitary views upon others.

  18. What my former FBI AGENT father described to me was FRAUD IN THE ESSENCE though I did not not know that then.

    That’s the direct result of TITLE FRAUD by WALLSTREET EXECS & their political CRONIES who think FRAUD IN THE ISSUING OF CREDIT means they own something & they don’t.

    That causes betrayal & division from within the societal structure, & reveals the traitors from within that societal structure.

    It’s worse than CIVIL WAR because the war is one vast INSIDE JOB to unlawfully criminalize the victims of SECURITIES FRAUD without them ever knowing it by the criminals who caused it.

    That is unconscionable because they worship the devil, & their victims don’t is why they’re doing it to targeted individuals.


    He thinks we’re dispoable like butt wipes.

    My former FBI AGENT father said to me re ANNA CHAPMAN, so they have spies here & we have spies there, so what.

    Why do we need the SPY AGENCIES if they’re openly spy swapping?

  20. So if you get the inclination to drastically change the way you look, you might not want to think it over.

  21. What was SOVIET SPY ANNA CHAPMAN doing in the U.S. getting her boobs done for free under the SPY CLAUSE of the HEALTHCARE SCOFFLAW or something more sinister?

    I think she was subplanted here & traded off with her own AGENCY to try & make HUMAN TRAFFICKING AKA TRADING WITH THE ENEMY look passe.

    It’s MURDER FOR HIRE by the KGB & its AGENTS & passe it’s not.


    Therefore, FOIA should request they give DNA SAMPLES & send them off to QUANTICO to ID them.

  23. To All- does anyone know if JPMC annual or quarterly reports have been changed to reflect the addition/deletion of assets/liabilities with regard to insertion of new la guage into the “settlement” agreement while leaving the date of the alleged “settlement ” unchanged?

  24. …for the birds…

  25. @ Shadowcat

    NOTE the ANSWER(s) for the win, Mr. Alex Trebeck:

    “What is Shadowcat playing “Jeopardy” on LL?”

  26. Bird Feed!
    In Kemp vs Countrywide
    Countrywide didn’t forward the What?
    The Investors didn’t get what?

  27. falsely represented that the underlying mortgages would be assigned to the applicable trust. so states,investors( i.e. mutual funds, can say this in court and get settlements.

    why are courts saying we cant do the same. because we know they didnt transfar any mortgage to any trust. right.

    The plaintiffs allege that the prospectus supplements for the seven securitizations
    contained numerous material misstatements and omissions. More specifically, the plaintiffs
    allege that the debtor entities “abandoned” the underwriting standards disclosed in the prospectus
    supplements; falsely represented that the underlying mortgages would be assigned to the
    applicable trust; provided false information regarding the characteristics of the mortgage loans to
    the rating agencies; improperly manipulated the appraisal process and misrepresented the loanto-value
    ratios for the underlying mortgages; and misrepresented the “owner occupancy” status
    of the underlying mortgages.


    Section 7.01 Releases. Except as set forth in Article VIII, as of the Effective Date, with
    respect to each and every Trust for whom the Trustee accepts the compromise contemplated by
    this Settlement Agreement, the Investors, Trustee, Trust, and any Persons claiming by, through
    or on behalf of such Trustee (including Institutional Investors claiming derivatively) or such
    Trust (collectively, the “Releasors”), irrevocably and unconditionally grant a full, final, and
    complete release, waiver, and discharge of all alleged or actual claims, demands to repurchase,
    demands to cure, demands to substitute, counterclaims, defenses, rights of setoff, rights of
    rescission, liens, disputes, liabilities, losses, debts, costs, expenses, obligations, demands, claims
    for accountings or audits, alleged events of default, damages, rights, and causes of action of any
    kind or nature whatsoever, whether asserted or unasserted, known or unknown, suspected or
    unsuspected, fixed or contingent, in contract, tort, or otherwise, secured or unsecured, accrued or
    unaccrued, whether direct or derivative, arising under law or equity, against ResCap that arise
    under the Governing Agreements. Such released claims include, but are not limited to, claims
    arising out of and/or relating to (i) the origination, sale, or delivery of Mortgage Loans to the
    Trusts, including the representations and warranties made in connection with the origination,
    sale, or delivery of Mortgage Loans to the Trusts or any alleged obligation of ResCap to
    repurchase or otherwise compensate the Trusts for any Mortgage Loan on the basis of any
    representations or warranties or otherwise or failure to cure any alleged breaches of
    representations and warranties, (ii) the documentation of the Mortgage Loans held by the Trusts
    including with respect to allegedly defective, incomplete, or non-existent documentation, as well
    as issues arising out of or relating to recordation, title, assignment, or any other matter relating to
    legal enforceability of a Mortgage or Mortgage Note, or any alleged failure to provide notice of
    such defective, incomplete or non-existent documentation, (iii) the servicing of the Mortgage
    Loans held by the Trusts (including any claim relating to the timing of collection efforts or
    foreclosure efforts, loss mitigation, transfers to subservicers, advances, servicing advances, or
    claims that servicing includes an obligation to take any action or provide any notice towards, or
    with respect to, the possible repurchase of Mortgage Loans by the applicable Master Servicer,
    Seller, or any other Person), (iv) setoff or recoupment under the Governing Agreements against
    ResCap, and (v) any loan seller that either sold loans to ResCap or AFI that were sold and
    transferred to such Trust or sold loans directly to such Trust, in all cases prior to the Petition
    Date (collectively, all such claims being defined as the “Released Claims”). For the avoidance
    of doubt, this release does not include individual direct claims for securities fraud or other
    disclosure-related claims arising from the purchase or sale of Securities

  29. Secret FDIC and JPMorgan Chase Bank 118 Page … – Scribd…/Secret-FDIC-and-JPMorgan-Chase-Bank-118-…
    8 uploads including 1 Secret FDIC and JPMorgan Chase Bank 118 Page Purchase and Assumption Agreement for Washington Mutual Bank Uncovered, 2 Case …

  30. Assumption agreements are on the fdic website

  31. Merry Christmas everyone!

  32. I wonder if these judges get visited by the three ghosts of Christmas i hope so

  33. Yes this article sure does sting, i mean sting really does

  34. @ Neil Garfield

    “shellystotalbodyworks” is on point. If you have a copy of the original JPMC assumption agreement, then please provide the readers with that Christmas present by posting it and providing a supplemental link, as is done in other instances.


    Alternatively, if anybody else has a copy of the original JPMC assumption agreement, then please provide the readers with that Christmas present by posting it somewhere and providing a supplemental link.

  35. Neil my case is WaMu/Long Beach a trust that was never registered also. Do you have the original copy of the assumption agreement ? Please post it and show the difference to us. That should be proof of fraud and my harm some of our cases if we dont have proof of the original. Not all stays the same on the web.

  36. @ EVERYBODY (even Bob Hurt):


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