Almost everyone writing articles about consumer finance, mortgage loans, and servicing is now in agreement that there are viable meritorious defenses for the consumer. True, they are not obvious to the casual observer, which is part of the problem. see NCLC Digital Library – 12 Ways to Fight Foreclosure of Zombie Second Mortgages – 2022-03-28 …
The full impact of this decision may not be known for years. But the immediate impact is that it gives homeowners a chance to move for remand back down to state court after attempted removal to Federal Court. Unless clarified later, which does not seem likely, this decision could mean that the Supreme Court of …
The new president is facing incoming fire from all directions. If he does not extend the moratorium on foreclosures and evictions, hundreds of thousands of people are going to be homeless. But the extension does not come without costs. https://www.marketplace.org/2021/01/25/biden-acts-on-evictions-foreclosures-but-long-term-housing-crisis-looms/ See also https://www.prnewswire.com/news-releases/black-knights-first-look-2020-ends-with-1-7-million-more-seriously-delinquent-homeowners-than-at-start-of-year-foreclosures-at-record-low-301211915.html * As you have seen on these pages, I am quite confident …
Latest Moratorium Extensions Are Two-Edged Sword Read More »
In a nutshell, moratoriums will do very little for homeowners or the courts. First unless a specific moratorium order states that it bars sales and evictions it is only the foreclosure action that is temporarily suspended. At some point in the near future, homelessness will spike because of a new tidal wave of foreclosures. Second …
BEWARE: MORATORIUM ON FORECLOSURES MAY NOT STOP SALES OF THE PROPERTY Read More »
Here is a powerful argument that SCOTUS acknowledged: nobody should benefit from their own fraudulent conduct. The FDCPA has a one year statute of limitations. And people have tried to litigate on the premise that the one year should run from the date of discovery not when the violation occurred. The courts have disagreed saying …
FDCPA Claims Might Not Be Barred By Statute of Limitations Read More »
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield, M.B.A., J.D. Call in at (347) 850-1260, 6pm Eastern Thursdays see Brock and Scott Law Firm Sued Under FDCPA I think the recent spate of cases against law firms who collect debts is indicative of the tremendous liability assumed by a lawyer …
Tonight! Foreclosure Mills Are Accountable Under FDCPA Read More »
A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are …
Tolling the Statute of Limitations by Initiating Administrative Processes Read More »
Two days ago in the case of Obudskey v McCarthy and Holthus LLP the Supreme Court of the United States (SCOTUS) heard oral argument on issues relating to the application of the Federal Debt Collection Procedures Act (FDCPA). The argument for including the law firm pursuing foreclosure was presented by DANIEL L. GEYSER, Esq. in …
“The jury, after deliberating for approximately 7 hours, determined that Ocwen breached its contract, violated RESPA for failing to adequately respond to Saccameno’s Qualified Written Request, violated the FDCPA and committed both unfair and deceptive acts in violation of the Illinois Consumer Fraud Act. Monette Saccameno was awarded $500,000.00 in compensatory damages, $70,000.00 in non-economic damages, $12,000.00 in economic damages and $3,000,000.00 in …
Editor’s Note: Thanks to poster C. Anderson who says, “This is a technically correct but bad decision, as Dayen shows. The statutory language desperately needs to be updated. Until then, consumers should be taught how to exercise proof of claim demands. A consumer has no contract with a debt buyer; an assigned debt for consideration …
David Dayen: Gorsuch’s First Opinion: Let Debt Collectors Run Amok Read More »
Inconsistency in the Courts http://www.dsnews.com/daily-dose/05-29-2017/inconsistency-in-the-courts?utm_content=bufferf5d7f&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer Equal justice under the law. Carved across the front of the Supreme Court building in Washington, D.C., these words succinctly yet completely convey the duty of the U.S. Supreme Court. Its decisions, however, are then interpreted and applied by the lower federal courts. What happens when those federal courts apply …
DS News: Inconsistency in the Courts concerning RESPA & FDCPA Read More »
The menu of items that are due to the borrower as a condition precedent to making a claim for repayment is expansive and frankly in many cases is equivalent or nearly equivalent to the total amount of the principal claimed as loan repayment. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. …
a per se violation of TILA or any other Federal or State law makes the act also per se violations of the FTC act, (and the applicable little FTC acts passed in various states). Florida is used here as an example. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS …
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 …
This decision could be a lot worse for the banks and servicers than it might appear. The Trustee for a valid REMIC trust that owns the debt (and doesn’t just control the paper) is clearly NOT a debt collector. But considering that no Trustee has EVER claimed to be a holder in due course and …
9th Circuit: Trustee is Not Debt Collector But Reverses Trial Court on Rescission Read More »
Judicial Arrogance and Intolerance Keeps leading back to the same point — that TILA Rescission is not common law rescission. Yet Judges continue to rule on TILA rescission as though it were common law rescission. Here again the 9th Circuit confirms what the Supreme Court of the United States has already said — neither tender …
Rescission Redo: 9th Circuit AGAIN Rules that Tender is Not Necessary 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 …
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 …
For more information please email us at gtchonors.llblog@gmail.com or call 954-495-9867 or 520-405-1688. This is not a legal opinion on your case. It is general information only. Consult an attorney before you make any decisions. ================================== Hat tip to Ken McLeod see Goodin v Bank of America NA I think this case decision should be …
Bank of America Hit with FDCPA Damages PLUS PUNITIVE Damages $100,000 Read More »
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 »
“To someone who lost his house to mortgage servicer incompetence or malfeasance, that’s not restitution. It’s an insult. “The capped pool of cash payments is wholly inadequate in light of the scale of the harm,” says Alys Cohen, staff attorney for the National Consumer Law Center.” Adam Levin, abcnews.com Editor’s Analysis: In case after case …
BANK AMNESTY AGAIN: Leaving Consumers to Fend (Litigate) for Themselves Read More »
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 »
Editor’s Note: In an extremely well-written and well reasoned decision Federal District Court Judge M. James Lorenz denied the Motion to dismiss of US Bank on an alleged WAMU securitization that for the first time recognizes that the securitization scheme could be a sham, with no basis in fact. Although the Plaintiff chose not to …
CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices Read More »
