The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort …
There is no doubt in the minds of most serious trial lawyers who dig deep enough that homeowners can and should win all or most of the foreclosure cases. There is also little doubt that homeowners will lose by default or by inadequate presentation and well-founded attacks on the foreclosing party’s existence and ownership of …
This was no mistake. It is one of many ploys to make modification unlikely or impossible. WFB wants foreclosures not modifications. That way they get to steal from investors, steal from homeowners and get away with it! Once again, WFB is caught cheating homeowners, producing needless foreclosures (using the so-called “modification” process), leaving the homeowners …
By the LendingLies Staff Glass-v-Nationstar Mortgage On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a controversial issue in contested foreclosures – can a homeowner in foreclosure litigation secure attorney’s fees after successfully defending against foreclosure on the basis that the lender lacked standing to enforce the mortgage contract? …
Under current doctrine, banks can continually file baseless claims against homeowners until they win — mostly because the homeowner does not have infinite resources. In the meanwhile each time the banks lose they are not liable for attorney fees. But if they win they get attorney fees under F.S. §57.105. If the homeowner prevails on …
Fla. Supreme Court Takes Jurisdiction Over Attorney Fees Controversy Read More »
The continuing bias in favor of the banks’ fraudulent scheme of mortgages and foreclosures gives rise now to a nutty theory. The logic seems so obvious to the courts and yet it is erroneous. In a nutshell the theory goes, if a homeowner eventually proves that the parties attempting to foreclose have nothing to do …
THE CURRENT BIAS: EVEN IF HOMEOWNER WINS, NO FEE RECOVERY Read More »
Appellate courts stepping on a rake: This thread of decisions makes it extremely important for attorneys representing homeowners to establish the earliest possible safe harbor period so they can recover fees when they win. These decisions are essentially punishing homeowners on the grounds that they won on an issue that revealed the underhanded, fictitious narratives …
Attorney Fee Award: Heads the Bank Wins, Tails the Homeowner Loses Read More »
FDCPA and FCCPA (or similar state legislation) claims are getting traction across the country. Bank of America violated the federal Fair Debt Collection Practices Act (“FDCPA”) and the related Florida Consumer Collection Practices Act (“FCCPA”). (Doc. 26). The Goodin case is a fair representation of the experience of hundreds of thousands of homeowners who have …
Banks Use Modifications Against Homeowners Click in or phone in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm EDT Thursdays It is bad enough that they outright lie to homeowners and tell them they MUST be 90 days behind in payments to get a modification. That isn’t true and it is …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE When I was litigating 24/7 I used to say that all the best ideas I ever had for the Courtroom came from my clients. I think the reason is fairly simple: they had to live with the result I didn’t. No matter how …
About Those Attorney Fees Awards to Bank Attorneys: Double Dipping+? Read More »
Editor’s Notes: Bank of America is smarter than most. It has created a web of companies whose function is to perform activities that hide the fact that it is Bank of America, and there are other pretender lenders who hide behind this entity who suddenly appears as “trustee” or some other entity claiming the right …
Forensic analysis, DISCOVERY: BofA Hides Behind Reconstrust Subsidiary Read More »
