CA Appellate Brief – Paatalo’s Expert Testimony

Excerpt 1

STATEMENT OF FACTS

The court refused to acknowledge Gates is not trying to avoid a

debt and will cure arrears once a real beneficiary is identified.

Respondents are not/never were owner, note holder, or beneficiary.

They failed to answer a verified complaint to deny his allegations,

and failed to offer any party affidavit swearing they are an owner,

lender, beneficiary or holder in due course of the note.1

2

Gates will not pay an imposter who recorded forged assignments.

Paatola testified even if the first assignment were legitimate,

WaMu would have been illegally selling an asset it had previously

sold to the WaMu 2005-AR-16 Trust in 2005, when Gates’ loan was

securitized on Wall Street into that large loan pool. WaMu could

only have sold loan servicing rights, not the loan itself, as it would

have violated terms of the governing master Pooling and Servicing

Agreement, and destroyed tax-free status of the entire REMIC trust.