Tonight! PMK!! How to Deal With Robo-witnesses In foreclosure Litigation

Thursdays LIVE! Click in to WEST COAST

The Neil Garfield Show

Hosted tonight by Charles Marshall and Bill Paatalo

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

  • Robosigning is the act of placing a signature on a document on behalf of a person who knows nothing about the document, and who probably has no authority to perform the act that appears facially valid on the document.
  • For the same reason that investment banks employ the services of companies who in turn use contract labor as robosignors, the perpetrators (investment banks) employ vendor and “servicers” (who are often in charge of robosigning) have the servicer select a “witness” to testify at trial as the “corporate representative” of the claimant. This is the robo-witness. See no evil. Hear no evil. Speak no evil.
  • The script given to such people is their only instruction on how to act as a witness.
  • No matter how bad it goes on cross examination the witness can neither testify nor admit to facts because the witness doesn’t know them. This limits the risks to the investment bank. And even if perjury is asserted or fraud it appears as the fraud of the “servicer” and not the investment bank who is calling the shots but is nowhere to be seen in the case — UNLESS of course the homeowner brings them in through a counterclaim or makes them relevant through an affirmative defense.

Today on the Neil Garfield Show Charles Marshall and Bill Paatalo will breakdown the topic of PMK aka Person Most Knowledgeable.

Charles and Bill will also address other issues related to the introduction of evidence, the needed standard of proof which courts are supposed to require, and otherwise get out details on how institutional players on the other side of borrowers–be those players on the plaintiff or the defendant side in any given case–all too often get away with using witnesses to successfully enter evidence, when those same witnesses have none of the bona fides evidence law requires, to get the evidence at issue admitted before the court in question.

Bill will greatly illuminate this topic by describing the details of the 2007 Texas Foreclosure Task Force, which 12 years ago looked into the troubling details of this important topic.

 

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