Neil Garfield and I have been fighting illegal foreclosures for over 20 years. Here at Livinglies.me sometimes we win big and get the house back after foreclosure and eviction. Wins can come in all forms for us in the Foreclosure Litigation support arena. Here is our latest win in the making in the state of …
Referring to the default as real, but with an explanation of how it is subject to rationalization or argument, completely undermines your argument that they have no right to be in court, to collect, to issue notices or initiate foreclosure. …when you refer to the default, you should refer to it as a false claim …
The lesson is keep your eye on the ball. The natural human reaction to an affidavit is to assume it is true. We assume that it would not be submitted if the lawyers knew it wasn’t true. And in most cases people don’t lie in affidavits. But they do mislead sometimes by leaving out context. …
Caliber and LSF9 Trust Example of Smoke and Mirrors Read More »
CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk’s default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they …
Message to homeowners: Heads I win, tails you lose. Between Bartram and Desylvester the recurrent theme emerges as doctrine: If the homeowner wins a case the skids are greased for the bank to win the next round. The winner is treated as the party who SHOULD have lost and the loser is treated as the …
2d DCA Adds Insult to Injury on Statute of Limitations Read More »
There is a difference between the note contract and the mortgage contract. They each have different terms. And there is a difference between those two contracts and the “loan contract,” which is made up of the note, mortgage and required disclosures.Yet both lawyers and judges overlook those differences and come up with bad decisions or …
The difference between paper instruments and real money Read More »
The false pronouncements that the mortgage crisis is over have led many attorneys and homeowners to give up on winning cases. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- For …
See West Coast Workshop Northern California For further information or services please call 954-495-9867 or 520-405-1688. This is not a legal opinion on any specific case. Get a lawyer. ====================================== see http://www.occupy.com/article/how-wells-fargo-fraudulently-foreclosed-florida-homeowner The Big Question: How can there be a declaration of default when the creditor is showing no default and no loss on its …
See http://www.nationalmortgagenews.com/news/servicing/mortgage-servicers-resume-securitizing-repayment-rights-1060096-1.html So here is absolute proof that the real party in interest in the foreclosures are the unsecured servicers and also proof that the “default” never occurred. Notice how Freddie Mac figures in. Despite all denials and lies in court it is obvious that the servicers are, through one means or another, advancing payments …
see FORECLOSURE, SECURITIZATION DON’T MIX ROCKY'S+ARTICLE+in+the+CAPE+COD+TIMES+February+21,+2015 As I write this, I have no recall of Mr. Ludden before today. BUT his article in of all places, the Cape Cod Times, struck me as astonishing in its concise description of the illegal foreclosures that are skimming past Judges desks with hardly a look much less the …
Rockwell P. Ludden, Esq. — A Lawyer who gets it on Securitization and Mortgages Read More »
Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant: The party claiming to be a trustee …
It is important that the content of the report dealing withservicer advances be argued strenuously.Servicer advances have been received by the creditor, thus reducing the amount the creditor is expecting to be paid. Hence there should be reduction in the amount that is due from the borrower — to the extent thatactual payments have been …
It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to …
Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances Read More »
One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic …
Challenging Deeds Issued After Auction (Sale) of Property Read More »
Many homeowners get tax statements from entities claiming the right to file them, with an EIN that is problematic. We are having trouble linking the EIN with the name of the entity that sends the tax statement. More importantly or perhaps of equal importance is the question raised by individual homeowners and investors who have …
Are Servicer Advances Deductible Expenses for Homeowners? Read More »
Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them …
It is now common knowledge that subservicers are continuing to pay investors and reporting the loan as “performing” after they have sent a default and right to reinstate notice as required by the mortgage (usually paragraph 22) and by the uniform debt collection laws. The first problem about this is that the actual creditor does …
Why Do Subservicers Continue to Pay Investors After Borrower Stops Paying? Read More »
LAW FIRM OFFERS CONTINGENCY ON SOME CASES If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the …
13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with …
OCC: 13 Questions to Answer Before Foreclosure and Eviction Read More »
This quiet title claim against U.S. Bank and BONY (collectively, “Defendants”) is based on the assertion that Defendants have no interest in the Plaintiffs’ mortgage loan, yet have nonetheless sought to foreclose on the subject property. Currently before the court is Defendants’ Motion for Summary Judgment, arguing that Plaintiffs’ quiet title claim fails because there …
If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to …
If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to …
BANK OF AMERICA TAKES ANOTHER HIT: BANKS MISLEAD BORROWERS WHEN THEY INSTRUCT THEM TO STOP MAKING PAYMENTS AND REFUSE PAYMENTS If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services …
OPINION APPLIES TO BOTH JUDICIAL AND NON-JUDICIAL STATES CHECK OUT OUR EXTENDED 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, Tennessee, Georgia, California, Ohio, and …
6th Circuit Court of Appeals Rules FDCPA Applies to Foreclosures Read More »
