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Held Hostage by a Home: The Devastation of Foreclosure

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Held Hostage by a Home Depending on reader response- this column may become an ongoing Sunday feature on LivingLies. Let us know what you think. ______________________________________________________________________ Although Neil Garfield eloquently describes the legal dynamics of foreclosure, there is also a human battle waged in millions of homes nationwide that remains hidden behind walls of shame, …

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Florida Foreclosure: Where No Case is Over-Ever

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Our services: https://livinglies.me/2016/04/11/what-can-you-do-for-me-an-overview-of-services-offered-by-neil-garfield/ I have not commented on the arguments regarding the statute of limitations here in Florida. It is time I did. The article here points out that the 3rd DCA has bent over backward and essentially broken its own backbone by creating legal fictions to save the banks. What they continue to ignore …

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The Neil Garfield Radio Program: James "Randy" Ackley Recording

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Listen Here: https://youtu.be/jOeAe9zT5D0 Yesterday, attorney James “Randy” Ackley appeared on the Neil Garfield Radio Show.  The show was a fascinating discussion about banks’ creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose. Neil and Randy addressed why the courts were allowing loan servicers to present evidence …

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The Affiant who googled Bank of New York Mellon had "Standing"

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By William Hudson Just because you can thread a needle and replace the button on your shirt, doesn’t mean you should attempt your own vasectomy. Furthermore, just because you faithfully read LivingLies on a daily basis doesn’t mean you should organize a national Qui Tam foreclosure defense action. Despite the sophisticated knowledge necessary to testify …

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California Supreme Court Rules in Yvanova, "The borrower owes money NOT TO THE WORLD at large but to a particular person or institution."

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Yvanova v New Century Mortgage 02182016 Supreme Court of California opinion By William Hudson Last week the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds …

California Supreme Court Rules in Yvanova, "The borrower owes money NOT TO THE WORLD at large but to a particular person or institution." Read More »

The Money Trail: Does anyone meet the definition of a creditor?

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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 …

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Patrick Giunta Wins The Argument in 4th DCA: Down to the Nitty Gritty: Holder vs Owner of the Note

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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 …

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Focus for Political Candidates: SHOW ME YOUR KNOWLEDGE About the Mortgage Crisis and the Economic collapse!

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see West Coast Workshop Northern California ============================== For more information please call 954-495-9867 or 520-405-1688. ============================== I’ve been receiving emails from many candidates for public office, including one recent email calling for the break-up of the big banks — a theme picked up from Elizabeth Warren. They are right. But Bernie isn’t telling the people …

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SERVICER ADVANCES: The Big Modification—> Foreclosure Scam by Wells Fargo and Others — "Better be 90 days behind"

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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 …

SERVICER ADVANCES: The Big Modification—> Foreclosure Scam by Wells Fargo and Others — "Better be 90 days behind" Read More »

OCC Finds 6 Banks Have Not Complied With Consent Orders

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see OCC NR 2015-6 Servicers Actions Restricted and 3 Services Released 2015 06 17 The OCC also has determined that EverBank; HSBC Bank USA, N.A.; JPMorgan Chase Bank, N.A.; Santander Bank, National Association; U.S. Bank National Association; and Wells Fargo Bank, N.A., have not met all of the requirements of the consent orders. As a …

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FDCPA Claims May Extend Beyond 2 Year Statute of Limitations

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And another analysis from one of my trusted “anonymous” contributors who really know what is going on: FDCPA also has a 2 year SOL for most states, and most judges go back to the supposed transaction from which it stems (The supposed home loan, as to when clock starts ticking). Many homeowners can prove the claims …

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Modification Minefields as Foreclosures Resume Upward Volume

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For further information please call 954-495-9867 or 520-405-1688 Listen to Neil Garfield Show on Thursday February 26, 2015 at 6pm EDT., and each Thursday =============================== see http://www.njspotlight.com/stories/15/02/02/new-foreclosure-procedures-put-to-test-as-number-of-cases-climbs-in-nj/ New Jersey now has an upsurge of Foreclosure activity. It is on track to become first in the nation in the number of foreclosures. What is clear is …

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Adam Levitin on Backdating: A Pattern of Conduct at Ocwen and Other Players in the Foreclosure Frenzy

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see also http://themreport.com/news/government/01-13-2015/california-moving-suspend-ocwens-mortgage-license Adam Levitin has definitely established himself as one of the more respected figures in analyzing and commenting on mortgage and foreclosure practices. In this article below, he reveals the fraudulent nature of even the most benign looking foreclosures. Various parties, including Ocwen which he cites in particular, regularly backdated denials of modification …

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JDSupra: It isn't the crime — it is the cover up

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For further information please call 954-495-9867 or 520-405-1688 ============================== Bryan G. Scott has written an excellent article that should be read in its entirety at http://www.jdsupra.com/legalnews/its-not-the-crime-its-the-cover-up-e-39616/ This article runs to the heart of the mortgage mess, the cover-up and the potential impact on past, present and future foreclosures in the application of statutes of limitation …

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Wisconsin BKR Judge Orders Wells Fargo to Disgorge Payments It Received

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For further information please call 954-495-9867 or 520-405-1688 ========================== Hat tip to anonymous The full case was 25 pages, I redacted to about 4 below, but very substantial topics and analysis on this similar to Rivera in full version. – A win on recovery of mortgage payments made to Wells, $73,000. – Loss on recovery of …

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GETTING YOUR HOUSE BACK: RIGHT OF REDEMPTION IS WORTH A TRY

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For further information or assistance please call 954-495-9867 or 520-405-1688 ================================ see http://www.bankrate.com/finance/real-estate/get-house-back-after-foreclosure.aspx There are numerous ways to reverse or cure the foreclosure process. We have outlined legal procedures to vacate judgements, set aside the sale etc. in other articles. One way that we have not explored in depth is the right of redemption. The …

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BAP Panel Raises the Stakes Against Deutsch et al — Secured Status May be Challenged

73 Comments / AMGAR, Corruption, escrow agent, Eviction, evidence, foreclosure, foreclosure defenses, Investor, MBS Trustee, Modification, Mortgage, originator, Pleading, Servicer, Title, Trust Beneficiaries / By

Fur Further Information please call 954-495-9867 or 520-405-1688 ——————————– ALERT FOR BANKRUPTCY LAWYERS — SECURED STATUS OF ALLEGED CREDITOR IS NOT TO BE ASSUMED ——————————– I have long held and advocated three points: The filing of false claims in the nonjudicial process of a majority of states should not result in success where the same …

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Who Can Sign a Lost Note Affidavit? What Happens When It Is "Found?"

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For further information and assistance, please call 954-495-9867 or 520-405-1688 —————————— Let’s start with the study that planted the seed of doubt as to the validity of the debt, note, mortgage and foreclosure and whether any of those “securitized debt” foreclosures should have been allowed to even get to first base. Katherine Ann Porter, when …

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US Supreme Court Hears Argument on TILA-REG Z Rescission

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see 13-684_4425 Judges generally don’t like TILA because it contains remedies that “go against the grain.” Specifically TILA and REG Z from the Federal Reserve contain strict guidelines on the form and content of disclosures to borrowers. These laws and regulations went into effect after the Savings and Loan scandal and other evidence surfaced as …

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The Devil is in the Details — The Mortgage Cannot Be Enforced, Even If the Note Can Be Enforced

18 Comments / AMGAR, CASES, escrow agent, evidence, Fannie MAe, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Neil Garfield Show, originator, Pleading, securities fraud, Statutes, taxes, Title, Trust Beneficiaries, trustee / By

Cashmere v Department of Revenue For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t …

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