Why can some homeowners get the cases against them dismissed? Foreclosure cases are treated like it’s automatic by the pretend lender. File papers, get judgment, sell house. That’s the script. But when a homeowner (or their lawyer) forces the plaintiff to prove the case with real evidence, many foreclosures fall apart. This isn’t theory. It’s …
The reality of Judicial bias in the courts Judges display a tremendous amount of court bias against homeowners in foreclosure cases. Especially when they are representing themselves. They often trust banks more than homeowners. That doesn’t mean you can’t win. Strategies to Overcome Judicial Bias in the courts – Stick to facts, not emotion. – …
Are Judges Biased in Foreclosure Cases? How to Protect Yourself Read More »
Steven of Portsmouth, VA (05/24/08) My mortgage was on military allotment and Chase said that they had not received payment several times that they had, or they would hold payments saying thet they weren’t received until there were late fees due. I ended up in foreclosure with nobody believing that I was being ripped off …
https://livinglies.me/wp-content/uploads/2025/03/IMG_0579.mov A Homeowners Guide Facing foreclosure can be overwhelming, but homeowners should know that they have options. Even after the process begins, there are legal, financial, and negotiation strategies that can help stop foreclosure and save your home. This guide will break down everything you need to know about stopping foreclosure once it starts. Many …
https://livinglies.me/wp-content/uploads/2025/03/IMG_0579.mov When Is It Too Late to Stop Foreclosure? Know Your Options For most homeowners, it is not too late to stop foreclosure before the foreclosure sale takes place. Even after a sale, some states provide limited opportunities to redeem the property or challenge the sale. The options available depend on your state’s laws, the …
When Is It Too Late to Stop Foreclosure? Know Your Options Read More »
Are you facing foreclosure? Then this article might help you. When the bank comes knocking, threatening to take your home, it can feel like the end of the world. But let me tell you this: foreclosure is not the end of the road. Homeowners have rights. What are the best ways to stop a foreclosure? …
When it comes to foreclosure cases, many courts automatically treat the plaintiff—the party bringing the foreclosure—as a “holder in due course,” even though no one specifically asks them to do that. But this isn’t always the correct legal standard. Especially when you know the law and Uniform Commercial Code 3-302 One of our favorite areas …
Why do pro se litigants in foreclosure defense cases lose so often? My mentor Neil Garfield, and now me, spend a lot of time working on the livinglies blog to present evidence-based strategies and methods to homeowners to help them save their homes from illegal foreclosures. Often these same homeowners are trying to save their …
In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently. In many if not almost all cases, the party seeking to exercise …
As Neil Garfield explained to me and many of his clients and readers, the only thing most judges are interested in is where did the money go, who paid, who received and whether it was paid, and if in part, to what extent. One must be very careful to distinguish this from the “show me …
see Page v. Deutsche Bank Tr. Kudos to Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, Florida, for Petitioner William L. Grimsley and Kimberly Held Israel, Jacksonville, Florida, Daniel Alvarado, Elia Alvarado, South Florida Defense Group, Bowin Law Group, Michael Jay Wrubel, P.A., Jonathan Kline, P.A. “The certified conflict issue in this case is …
What is clear to me is that nothing has changed except the government complicity in predatory lending practices is increasing despite the passage of Dodd Frank. A fact that keeps getting buried here is that Federal Law (Truth in Lending Act) puts the burden of determining affordability of an alleged loan product on the lender, …
Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays This edition of the West Coast Foreclosure Hour features California attorney Charles Marshall who will address sanctions and motions directed at you as litigant and/or your attorney including: – removing lis pendens; – supposed failure to …
MAIN NUMBER: 202-838-NEIL (6345). Get a Consult! https://www.vcita.com/v/lendinglies to schedule, leave message or make payments. Our Services: https://livinglies.me/2016/04/11/what-can-you-do-for-me-an-overview-of-services-offered-by-neil-garfield/ Register for Consultation here: https://live.vcita.com/site/lendinglies Have a Foreclosure Question? Get an answer NOW with the Foreclosure Information Service $49: https://live.vcita.com/site/lendinglies Fill out our FREE registration form at https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Thanks to Cementboots who posted this information on the …
A woman claiming she had to sell her home because of her lawyers’ botched foreclosure work can move forward with her legal malpractice and fraud suit, a federal judge has ruled. Christine Bernstein sued Keaveney Legal Group along with lawyers James P. Keaveney and Joshua Thomas for violations of the Pennsylvania Unfair Trade Practices and …
Legal Mal Suit Against Foreclosure Lawyers Proceeds Read More »
The same judges that consistently ignore defenses with respect to the endorsements, assignments, or other issues instantly recognize that where there is an error or break in the chain of title, the “bank” must step back, dismiss the foreclosure and start over again. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY …
The First Step in Foreclosure Defense: Title Issues Read More »
The real question is when government agencies and regulators PLUS law enforcement get the real message: Wells Fargo’s behavior in the account scandal is the tip of the iceberg and important corroboration of what most of the country has been saying for years — their business model is based upon fraud. Wells Fargo has devolved …
The crux of this fight is that if the foreclosing parties are forced to identify the creditors they will only have two options, in my opinion: (a) commit perjury or (b) admit that they have no knowledge or access to the identity of the creditor Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or …
Based on the totality of the circumstances, the Court concludes that CashCall, not Western Sky, was the true lender. CashCall, and not Western Sky, placed its money at risk. It is undisputed that CashCall deposited enough money into a reserve account to fund two days of loans, calculated on the previous month’s daily average and …
The fundamental problem is that while virtually anyone can be accepted as an expert, the weight given to their testimony is zero. The reason is simple. The author most often lacks any traditional credentials other than experience as a “forensic analyst” and their work product sounds pretty good to the homeowner but sounds like advocacy …
Fannie and Freddie have reportedly been cash-cows for the federal government who have allegedly held the quasi-governmental guarantors hostage during eight-years of government receivership. Fannie and Freddie have returned to the Treasury over $60 billion more than they received in the bailout. But the amount they owe to the government remains outstanding. It is …
Forbes: Fannie, Freddie Could Need as Much as $126 Billion in Crisis Read More »
In addition to defrauding the borrower whose signature will be copied and fabricated for dozens of “sales” of loans and securities deriving their value from a nonexistent loan contract, this distorted practice does two things: (a) it cheats investors out of their assumed and expected interest in nonexistent mortgage loan contracts and (b) it leaves …
The incentive payments from the Federal government for HAMP modifications were merely used for profit, bonuses and the like. No attention was paid to HAMP modifications except in rare instances where the banks thought it prudent to at least make it appear as though they were following HAMP guidelines when they clearly had no interest …
Modification Abuse: Ocwen, Homeward Dishonest in Handling Modifications Read More »
By William Hudson You can choose your sexual orientation and even your ethnicity but you can’t change your loan servicer. Mortage “servicing” is the ultimate misnomer. Modern loan servicing has nothing to do with service but instead provides a “disservice” in order to boost profits or engineer a default if at all possible. Being forced …
