According to the stats, it appears as though there are around 400 lawyers using the blog as a resource. Most of them use the material without posting any comments or results. So now I want you guys to return the favor. I had a thought that I’d like some feedback on. The typical case of …
Foreclosure Offense: Identity Theft by "lenders" and Investment Banks Read More »
From FAQ new entry: > Comment: > I meant to ask this question in my post… > > Our refinance in May 06 paid off the previous mortgage. I did not receive my original note back from my previous lender. I believe a lender is liable for any assigned loan, and I have read articles …
Something new, Something Blue, something Old: Go after them no matter what Read More »
SEE foreclosure-defense-objecting-to-trustee-sale NOTE: THERE ARE ACTUALLY THREE LETTERS OF OBJECTION AND RESCISSION THAT COULD BE SENT: (1) THREE DAY NOTICE OF RESCISSION, (2) THREE YEAR NOTICE OF RESCISSION AND (3) GENERAL CLAIMS NOTICE OF RESCISSION OR NULLIFICATION. IN ALL CASES, THE NOTICE SHOULD CONFORM TO STATE LAW AS TO FROM, SUBSTANCE AND METHOD OF MAILING. …
THREE DAY RESCISSION, THREE YEAR RESCISSION AND GENERAL RESCISSION Read More »
Wherever possible we are in favor of getting a mortgage audit, review, evaluation and initial letters sent out as part of a single package before or at the same time that you hire a local licensed attorney. We are having something of a challenge getting people who do “audits” to conform to the checklist of …
To all lawyers who dismissed the idea that they could make money representing homeowners in dispute with their lenders, consider this, by way of example, in addition to the 350 people who have officially walked away with clear title to their homes — many of them acting pro se. Jury gives woman $1.25M in lawsuit …
So the only way you can protect yourself in a short sale or modification is to either deal with the real parties in interest, or to get indemnification from the party offering to accept the short sale or modification AND a new title policy that does not state exceptions to the securitization process. In order …
Government: If you think our problems are bad, wait until you see our solutions. Note: If you are planning to attend it would be wise to book now. Experience has shown us that sometimes a large number of lawyers show up at these workshops intending to register at the door. We don’t want you driving …
ALL OF THESE FORECLOSURES ARE TAINTED BY THE PROBABILITY THAT EVERYONE HAS RECEIVED PAYMENT BUT THEY ARE TRYING TO GET THE PROPERTY TOO AS WINDFALL TO ONE OR MORE OF THESE FRAUDULENT PLAYERS. THE BORROWER IS LEFT HOLDING THE BAG WHILE EVERYONE ELSE GETS PAID OR BAILED OUT. One of the issues I am repeatedly …
FORECLOSURE DEFENSE: "RECORDS" FREQUENTLY DON'T EXIST UNTIL REQUIRED IN LITIGATION Read More »
By Kevin McCoy, USA TODAY Mortgage lenders are abusing the bankruptcy court system by pursuing unjustified foreclosures against struggling homeowners, piling on questionable fees and misstating the amounts owed, witnesses alleged at a congressional hearing on Tuesday. The result is a systemic breakdown that increases foreclosures, raises the number of families losing their homes and …
For you Californians or residents of other states who think your transaction is exempted from usury, take another look: (1) the real lender was not a bank and (2) the real transaction was securities transaction in which the borrower was duped into executing documents that consituted the start of the securitization process, so it wasn’t …
Foreclosure Offense: Notice to Trustee and Alleging Usury Read More »
LIS PENDENS — see usury, Temporary Restraining Order, Lawsuit, Burden of Proof (1) Latin for “a suit pending.” The term may refer to any pending lawsuit. (2) A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice …
Foreclosure Offense and Defense: Lis Pendens, Usury and California Exemption for "Banks" Read More »
They might have meant to do it and they might not have thought of it, but the effect of the funding created by The Federal Reserve that bailed out the investment banks so that the investment banks could bail out the investors in ABS certificates, is that the mortgages and notes are satisfied twice over …
Foreclosure Defense: Fed Bailout Discharges Mortgage Liability Read More »
I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER “ABOUT NEIL GARFIELD” AND ELSEWHERE AS POSTED BY MARIO KENNY. HE’S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY …
Foreclosure Defense and Offense: A Duty to Disclose and a Duty to Record Read More »
OK, I admit it, I didn’t know what it was either. But someone of higher linguistic ability than me referred to it as though I knew what it was. So I looked it up and sure enough it not only was appropriately used by him, it is the BEST word to describe the relationship between …
What is amazing about this win, is that it took place long after sale, long after evictions proceedings had been tried and tried again. Good Going Legal Aid! Hello Neil, Per our conversation yesterday, I just wanted to let you know that I won my court case today for the Unlawful Detainer against me. My …
Legal Aid Lawyer WINS after Sale!! One small step…..VICTORY in California Read More »
events-coming-up-for-garfield-continuum-and-garfield-handbooks LAYMAN SEMINAR IN SANTA MONICA 9/3/08 CLICK HERE TO SIGN UP Debtors Win Victories Against Mortgage Servicers posted by Katie Porter In the last few weeks, several courts have issued opinions ruling that mortgage servicers’ actions have harmed consumers. Some of you follow this issue closely, but if you need an introduction, I’ve previously …
Foreclosure Defense: Debtors Win Victories Against Mortgage Servicers Read More »
QUESTION/COMMENT: ANSWERS IN BOLD A client in NorCal was referred to me. She took out an 80/20 loan first and second for about $650,000 total in 2005. She has paid over $150,000 towards interest, payments and fees. SEE APPRAISAL FRAUD, CNN ARTICLE FOR 2005, APPRAISAL FORUM SPEECH FROM 2006, RECENT POSTS. TITLE COMPANY/TRUSTEE, LENDER AND …
FORECLOSURE DEFENSE AND OFFENSE DISCUSSED: APPRAISAL FRAUD Read More »
> Date: Mon, 4 Aug 2008 14:56:30 +0000 > To: ngarfield@msn.com > Subject: [Livinglies’s Weblog] Comment: “Mortgage Meltdown: Foreclosure Offense or Defense in Trustee or Non-Judicial Sales “Comment: > In Michigan, the trustee CANNOT postpone the sale to another time. There is NO statute allowing them to do that. However, the mortgagee can postpone the …
more than 8,000 appraisers – roughly 10 percent of the industry – have signed a petition asking the federal government to take action. “There are a lot of people who have refinanced for more than their homes are actually worth and they’re effectively already upside down even without a real estate bubble bursting,” said Callahan. …
You could be up to date in all your payments. Your billing proves it. And yet, the person (Mr. Investor) who loaned you the money for your mortgage is not getting the payments. This person steps forward and says you owe all the payments from the date of the loan, including interest, late payments, late …
Foreclosure Offense: You're Up to Date — But Paying the Wrong Party? Read More »
Cancel That Mortgage: The Grounds By L. Jed Berliner, Springfield Bankruptcy Attorney on Jul 31, 2008 in Consumer Protection, Massachusetts, Mortgages, Predatory Lending Mortgages can be cancelled in a process called rescission. Here’s an overview. Grounds for exercising this right given borrowers by Congress are found in problems with the mortgage closing documents for a …
Cancel that Mortgage!: Bankruptcy Lawyers Get Wise Read More »
