CALIFORNIA

California Form Hiding in Plain Sight

In cases where the CA foreclosure is being filed on behalf of the named Trustee (e.g., US Bank, Deutsch Bank etc.) for the certificates or the certificates holders — or where the it is ambiguous as to what or who the named trustee is asserted to be representing, there is a form demanding disclosure of …

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The West Coast Radio Show with Charles Marshall: California's revised Homeowner Bill of Rights still offers Homeowner Protections

Thursdays LIVE! Click in to the: The West Coast Foreclosure Show with Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Attorney Charles Marshall will discuss California’s Homeowner Bill of Rights today on the West Coast Foreclosure Show. Loan servicers and banks have tried to convince Californians that California’s Homeowner Bill of Rights …

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MNUCHIN EXPENDABLE: REVELATIONS ABOUT ILLEGAL ONEWEST ACTIVITIES PREVIEW WITHDRAWAL OF NOMINATION AS TREASURY SECRETARY

Mnuchin is a highly paid gopher. He has made his money not by his business acumen but by his willingness to do anything for money. That included putting himself on the front line of one piece of the greatest economic crime in human history. Nominating him for Treasury Secretary is a direct slap in the …

MNUCHIN EXPENDABLE: REVELATIONS ABOUT ILLEGAL ONEWEST ACTIVITIES PREVIEW WITHDRAWAL OF NOMINATION AS TREASURY SECRETARY Read More »

California Supreme Court Rules in Yvanova, "The borrower owes money NOT TO THE WORLD at large but to a particular person or institution."

Yvanova v New Century Mortgage 02182016 Supreme Court of California opinion By William Hudson Last week the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds …

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CA Appelate Decision: Damage Claims Against OneWest Goes to Jury, Summary Judgment reversed

For further information please call 954-495-9867 or 520-405-1688 Sue Rose is my new administrative assistant. Danielle and Geordan do not work for livinglies or the Garfield firm. If you have placed an order which is unfulfilled please call the above numbers. =================================== see CA Appeals OrderReversesMSJ This case allows the jury to hear claims against …

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Discovery and Due Process in California

I produced a memorandum as an expert witness and consultant in litigation support for a lawyer in California that after re-reading it, I think would be helpful in all foreclosure litigation. I have excerpted paragraphs from the memo and I present here for your use. Plaintiff/Appellant has pre-empted the opposing parties with a lawsuit that …

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George W. Mantor Runs for Public Office on "No More Dirty Deeds"

Mantor for Assessor/Recorder/Clerk of San Diego County Editor’s note: I don’t actually know Mantor so I cannot endorse him personally — but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets. Mantor is aiming straight for his issue by running for the Recorder’s Position. …

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US Bank Antics versus Their Own Website

Editor’s Note: In answer to the many inquiries we get, I am ONLY licensed in the State of Florida. The reason you see my name pop up in other states is that I am frequently an expert witness and trial consultant on cases, working for the lawyer who is licensed in that state. My law …

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VICTORY for Homeowners: Received Title and 7 Figure Monetary Damages for Wrongful Foreclosure

As a California appellate court decision several years ago noted, “For homeowners struggling to avoid foreclosure, this dual tracking might go by another name: the double-cross.” – See more at: http://calcoastnews.com/2013/09/onewest-bank-pays-7-figures-mortgage-fraud-case/#sthash.xcKP1Tpl.dpuf As a California appellate court decision several years ago noted, “For homeowners struggling to avoid foreclosure, this dual tracking might go by another name: …

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CAl. S. Ct: You can't Fool All the People All the Time

“The Pendergrass limitation finds no support in the language of the statute codifying the parol evidence rule and the exception for evidence of fraud. It is difficult to apply. It conflicts with the doctrine of the Restatements, most treatises, and the majority of our sister-state jurisdictions. Furthermore, while intended to prevent fraud, the rule established …

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Notice of Violation Under California Bill of Rights

“If we accept the Bank’s argument, then we are creating new law. Under the new law a borrower would owe money to a non-creditor simply because the non-creditor procured the borrower’s signature by false pretenses. The actual lender would be unable to retrieve money paid to the fake lender and the borrower would receive credit …

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California Bar Throws Baby Out with Bathwater

CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Hat …

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Woman Wins Home and Forecloses on Wells Fargo

What’s the Next Step? Consult with Neil Garfield CHECK OUT OUR NOVEMBER SPECIAL For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s …

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Barry Fagan Launches Administrative Counter Attack

Editor’s Comment: Barry Fagan is pulling out the stops and challenging the CA AG to do her job. I am surprised that those who specialize in administrative law have not used the presumed findings of several Federal and State agencies as to a pattern of conduct that is fraudulent and which requires forgery to proffer …

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Marchers Demand Halt to Foreclosures in Sacramento

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

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We Are Drowning in False Debt While Realtors Push "Recovery"

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: The figures keep coming in while the words keep coming out the mouths of bankers and realtors. The figures don’t match the …

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BAILOUT TO STATE BUDGETS: AZ Uses Housing Settlement Money for Prisons

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …

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9TH CIRCUIT: MERS and ReconTrust act to usurp Appellant’s property without lawful authority”

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM THE BRIEFS: “MERS Cannot be and in fact is not the beneficiary of the DOT. There is no named beneficiary in the SOT and ANY and ALL beneficiaries must be named in the SOT. Therefore the SOT (and consequently the NTS) is …

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CA AG SUBPOENAS FANNIE AND FREDDIE TO FORCE RELIEF FOR HOMEOWNERS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: The race is on — who is going to be the first attorney general to bring the major banks to their knees begging for amnesty instead of demanding it because they are too big to fail? Any politician with future ambitions …

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DELAWARE TO MERS: NOT IN OUR STATE!

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Delaware sues MERS, claims mortgage deception Posted on Stop Foreclosure Fraud Posted on27 October 2011. Some saw this coming in the last few weeks. Now all HELL is about to Break Loose. This is one of the States I mentioned MERS has to …

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CAL. AG DROPS OUT OF TALKS WITH BANKS: AMNESTY OFF THE TABLE

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: California has approximately a 1/3 share of all foreclosures. So Harris’ decision to drop out of the talks is a huge blow to the mega banks who were banking (pardon the pun) on using it to get immunity from prosecution. The …

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California Homeowner Challenges Wells Fargo, Could Set a Legal Precedent

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM STOP FORECLOSURE NOW see game-changer-california-homeowner-challenges-wells-fargo-could-set-a-legal-precedent GAME CHANGER? | California Homeowner Challenges Wells Fargo, Could Set a Legal Precedent DEMUCHA v WELLS FARGO | California Appeals Court Reverses & Remands “QUIET TITLE, FRAUD & MISREPRESENTATION, SLANDER OF CREDIT” A Bakersfield homeowner is taking …

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