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 …
What is unique and instructive about this decision from the Montana Supreme Court is that it gives details of each and every fraudulent, wrongful and otherwise illegal acts that were committed by a self-proclaimed servicer and the “defective” trustee on the deed of trust. You need to read the case to see how many different …
We get it. Judges don’t like statutory rescission under TILA. They are not required to like TILA rescission but they are required to follow it. This decision openly defies the SCOTUS ruling and refuses to apply it. Despite clear legislative intent to prevent banks from stonewalling rescission they are succeeding in doing so nonetheless as …
Jesinoski Update: Homeowner, Bank and Court All Get it Wrong Read More »
The court held that the FDCPA unambiguously requires any debt collector – first or subsequent – to send a section 1692g(a) validation notice within five days of its first communication with a consumer in connection with the collection of any debt. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN …
WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Our services consist mainly of the following: 30 …
Washington Court Finds Trustee Had No Authority to Foreclose Read More »
This is for general information only. For further information please call 954-495-9867 or 520-405-1688 Consult a lawyer before making any decisions based upon the content of this article or anything else on this blog. ==================================== see http://www.mpamag.com/news/foreclosure-settlement-funds-misspent-26697.aspx The media and the Bank lobby keep referring to illegal activity, risky or mismanagement. I call it a …
COVER-UP: Whatever Happenned to Those Settlements? Read More »
For additional information or assistance please call 954-495-9867 or 520-405-1688. ———————————— It is a complicated answer. The following is NOT a comprehensive answer which would the length of a treatise. see also Fla 4th DCA Beauchamp v Bank of New York Mellon, J Shahood reversed — Beauchamp v BONY-Mellon The Beauchamp case brings to the …
What is Evidence or Proof of the Existence of the REAL Loan? Read More »
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 …
In my newly formed practice and thanks to the diligent work of my partners at GGKW, we have discovered something that is over the top even by current standards in the current mortgage mess, to wit: servicers, banks and other entities are receiving complete payoffs of the mortgage upon the death of the insured homeowner …
Carmen Reinhart: “No Doubt. Our Pensions Are Screwed.” http://www.zerohedge.com/news/2013-04-11/carmen-reinhart-no-doubt-our-pensions-are-screwed Editor’s Comment: It is nothing less than an insult to our intelligence. As the walls crumble around the myth of securitization, the banks are stepping up efforts — in concert with the agencies that are supposed to regulate them — to prevent people from doing simple …
YARNEY v. OCWEN LOAN SERVICING, LLC, Dist. Court, WD Virginia 2013 SARAH C. YARNEY, Plaintiff, v. OCWEN LOAN SERVICING, LLC, ET AL., Defendants. No. 3:12-cv-00014. United States District Court, W.D. Virginia, Charlottesville Division. March 8, 2013 MEMORANDUM OPINION NORMAN K. MOON, District Judge. The Plaintiff Sarah C. Yarney (“Plaintiff”), pursuant to Fed. R. Civ. P. 56, …
FDCPA Strikes Again: West Virginia Slams Wells Fargo Read More »
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). I …
Monday is Last Day to File for Review and Damages Under Settlement Agreement Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FHFA ACCUSES BANKS OF FRAUD: THEY KNEW THEY WERE LYING “FHFA has refrained from sugar coating the banks’ alleged conduct as mere inadvertence, negligence, or recklessness, as many plaintiffs have done thus far. Instead, it has come right out and accused certain banks …
FRAUD: The Significance of the Game Changing FHFA Lawsuits Read More »
CLE SEMINAR: SECURITIZATION WORKSHOP FOR ATTORNEYS — REGISTER NOW CLICK HERE TO RESERVE GROUP RATE AT HILTON SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM Suit Filed Incorporating Agency Sanctions and Consent Decrees from Last Week “And most importantly, Fagan goes again to the heart of the securitization illusion, the falsity of the presentations made to both …
COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary We all know the expression about the light at the end of the tunnel being an oncoming train. Title agents and title carriers are in the middle of a tunnel intersecting with other tunnels each with a light of an oncoming train. In a word, …
TITLE COMPANIES AND AGENTS BRACE FOR WORST YEAR OF THEIR EXISTENCE Read More »
TOP READER PICKS FOR SERVICES AND PRODUCTS “My mortgage was $124,000…property was titled to the lender after foreclosure and conveyed to Fannie Mae for $132,000…property was then transferred to new purchaser for $156,000…all my equity was lost because lender would not work with me…am I entitled to any portion of Fannie Mae’s profit in selling …
SERVICES YOU NEED EDITOR’S NOTE: Well it has finally happened. Three years ago I couldn’t get a single lawyer anywhere to consider this line of work. I predicted that this area of expertise in their practice would dwarf anything they were currently doing including personal injury and malpractice. I even tried to guarantee fees to …
SERVICES YOU NEED From testimony in a Chase case, same as dozens of others I have seen —- Q. So if you didn’t review any books, records, and documents or computerized records, how is it that you had personal knowledge of all the matters contained therein? A. Well, I have personal knowledge that my staff …
GMAC HALTS FORECLOSURES ADMITTING FALSE AFFIDAVITS Read More »
Investment banks bundled mortgage loans into securities and then often rebundled those securities one or two more times. Those securities were given high ratings and sold to investors, who have since lost billions of dollars on them. Editor’s Note: The significance of this report cannot be overstated. Not only did the investment bankers LOOK for …
Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so …
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 »
Editor’s Note: The significance of this announcement is that the bondholders, who were insured directly by AMBAC (as opposed to the investment bankers who bought “bets” like credit default swaps) are receiving 25 cents on every dollar they funded as creditors for the funding of loan to homeowners (debtors/ borrowers). This supports and corroborates two …
Ambac Clients May Receive 25 Cents on Dollar in Cash Read More »
SEE The Economics and Incentives of Yield Spread Premiums and Credit Default Swaps March 23, 2010: Editor’s Note: The YSP/CDS paper is intentionally oversimplified in order to demonstrate the underlying economics of securitization as it was employed in the last decade. To be clear, there are several things I was required to do in order …
With the Obama administration and private lenders actively considering mortgage-principal-reduction programs to help financially distressed homeowners, the Internal Revenue Service has issued an advisory to taxpayers who receive — or seek to receive — such assistance if it’s offered. Editor’s Note: The only thing I would add to this, for the moment, is that any …
