Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall will discuss today two seminal unlawful detainer (UD) cases, in which respectively in each case the lower Court there found per usual for the institutional UD Plaintiff against the ‘former’ homeowner who was foreclosed on by …
For those who are willing to do the work, events after the “sale” of the foreclosed property will probably reveal the puppets and at least point to the puppet-masters. As you investigate each named party leads to a dead end without any legal entity who is responsible for the actions taken. I have a client …
Tricks of the Trade: Banks' Playbook Behind the scenes Read More »
All contrary arguments are erroneous since they would insert a contingency where the statute contains no room for any contingency. The language of the statute bars any such contingency when it says that the TILA Rescission is effective upon delivery, by operation of law. If anyone wants the statute to say or mean anything different …
Why Everyone (except SCOTUS) is Wrong About TILA Rescission Read More »
Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, …
Breaking it Down: What to Say and Do in an Unlawful Detainer or Eviction Read More »
Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but who would rather not vacate the property. Just how quickly can the lender serve a notice to quit and start the eviction ball rolling? A recent decision from California’s …
“Because I said so” or “because I already did it” is not a recognizable legal ground for possession of property even after the forced sale of the property. In an action for possession of property, the taker must establish that it is the legal owner and that the ownership was obtained lawfully and properly. The …
VA Court Finally Recognizes Circular Reasoning of the Banks Read More »
That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area …
Does Yvanova Provide a Back Door to Closed Cases? Read More »
For more information or assistance please call 520-405-1688 or 954-494-6000 —————————— see http://www.kcsg.com/view/full_story/25831345/article-Utah-Homeowner-Wins-Lawsuit-Against-Bank-of-America-in-Illegal-Foreclosure-Action?instance=more_local_news1 see Judges Order at This case shows how Recontrust — an entity created and controlled by Bank of America — goes down in flames AFTER the sale of the property. The Judge found that Reconstrust was not a proper “substitute trustee” and …
Utah Judge Voids Foreclosure Sale — It Never Happened 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). Editor’s …
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 …
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 …
The Banks, Rushing To Foreclose So They Can Sit On Vacant Homes Read More »
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 …
Mortgage Rates in U.S. Decline to Record Lows With 30-Year Loan at 3.84% Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: Thanks to Home Preservation Network for alerting us to John Griffith’s Statement before the Congressional Progressive Caucus U.S. House of Representatives. See his statement below. People who know the systemic flaws caused by Wall Street are getting …
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: The following information was submitted to the blog by a law firm. We do not know this law firm. We are simply passing along information that may be of interest to Californians. As always, please do your research. …
Guest Writer Shares Info on Fraud in CA Foreclosure Cases Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 GARFIELD PROPOSES NATIONAL LAW FIRM FOR COUNTER-ATTACK Editor’s Comment: The most perplexing part of this mortgage mess has been the unwillingness of the legal community to take on the Banks. Besides the intimidation factor the primary source of resistance has …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE 11/16/11 04:49 PM ET Monique White of North Minneapolis has been hosting weekend barbecues for friends and family for years. On Sunday, her usual guest list of friends and neighbors expanded to include protesters from the local spinoff of the Occupy Wall Street …
Occupy Wall Street Groups Protest Foreclosure, Try To Halt Evictions Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WRONGFUL FORECLOSURE IS NOT THE FOUNDATION FOR TITLE PROSPECTS FOR TITLE PROBLEMS ACROSS THE NATION ARE MUSHROOMING EDITOR’S NOTE: Likening the claims of the bank and the person who received a “quitclaim” deed to a Brooklyn Bridge transaction, the Court simply stated the …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LAWYER OVERCOMES PRESUMPTION OF VALIDITY OF TRUSTEE DEED IN UTAH SEE BOA-RECONTRUST FACE JUDICIAL FORECLOSURE IN NON-JUDICIAL STATE EDITOR’S NOTE: BOA and Recontrust, their puppet “substitute trustee” have stumbled into a quagmire and attorney John Christian Barlow has seized the opportunity to shine …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The mere fact that the pretenders are avoiding trials at all costs is proof unto itself that they do not have the goods, they do not have title, they are not the creditor and they are merely sneaking into the system to fill …
LAWYERS TAKE NOTE! COURTS ARE ALLOWING TITLE QUESTIONS IN EVICTIONS Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE FHLM V TIETJEN LACK OF PROPER SERVICE OF PROCESS CV20100212 Before you start thinking that this decision is of little consequence, consider this: First Magnus cases are riddled with service problems just as most of the cases are filled with fabrications, forgeries …
UNPUBLISHED AZ APPELLATE DECISION ON IMPROPER SERVICE VOIDS FORCIBLE DETAINER Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “So The mortgage originator, the mortgage aggregator, the obligation, the lien are all dead, bankrupt and discharged nice and legal, but here is a homeowner who is being forced out of her home anyway, having per possession seized in record time and fighting …
GHOSTS ON THE ATTACK: US BANK, JP MORGAN CALWESTERN PLAY DOWN AND DIRTY Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: I was talking with an expert in landlord tenant law and I received an interesting suggestion. The case involved someone who has just been served with a writ of restitution where the owner had to peaceably leave her home — or …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE factual issues for Unlawful Detainer case NFG 7-15-11 Various states have two levels of jurisdiction that make it difficult to raise the proper issues in eviction even if there has been no preceding judicial action or if the preceding judicial action has been …
Possible Counter-Attack in Unlawful Detainer (Eviction) in Fraudulent Foreclosure Cases Read More »
Your Client’s Securitized Mortgage: A Basic Roadmap PART 3: Dealing with Notes and Assignments [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap By O. Max Gardner, III and Richard D. Shepherd Part 3: Dealing with Notes and Assignments There are two basic documents involved in a residential mortgage loan: the promissory note and the mortgage …
Part III of Gardner and Shepherd: Notes and Assignments Read More »
