foreclosure

"Conversion" of the Note to a Bond Leaves Confusion in the Courts

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer …

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Estoppel: When the Bank Tells You to Stop Making Payments

IMPORTANT PRACTICE NOTE: The use of the doctrine of estoppel on the facts presented in this article is only a temporary solution. If a representative of the bank told you to stop paying and then declared you in default and foreclose  it is unfair and that is exactly why we have the doctrine of estoppel. …

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What Obama Still Has Wrong and Why the Recession Will Drag On for years

It is encouraging that Obama is the police trying to get the housing and foreclosure situation resolved. But he is starting from a premise that is faulty just as Florida and other states are passing legislation from a similar premise, to wit: that the blame for title corruption, litigation and the court that is clogging …

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Hawaii Federal District Court Applies Rules of Evidence: BONY/Mellon, US Bank, JP Morgan Chase Failed to Prove Sale of Note

This quiet title claim against U.S. Bank and BONY (collectively, “Defendants”) is based on the assertion that Defendants have no interest in the Plaintiffs’ mortgage loan, yet have nonetheless sought to foreclose on the subject property. Currently before the court is Defendants’ Motion for Summary Judgment, arguing that Plaintiffs’ quiet title claim fails because there …

Hawaii Federal District Court Applies Rules of Evidence: BONY/Mellon, US Bank, JP Morgan Chase Failed to Prove Sale of Note Read More »

Robo-Litigation: Attorney Misconduct at Foreclosure Mills

Millions of dollars per month are being paid to foreclosure mills employing young attorneys who are probably not aware of the fact that they are participating in fraud, forgery, perjury, and fabrication. Even those who suspect that there are problems with the cases that they are filing wish to keep their jobs just as their …

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Courts Tripping Over Themselves Ignoring the Obvious

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to …

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Force Placed Insurance Used As Excuse to Foreclose

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to …

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W VA Court Says Directions to Stop Making Payments and Refusing to Apply Payments is Breach of Contract

BANK OF AMERICA TAKES ANOTHER HIT: BANKS MISLEAD BORROWERS WHEN THEY INSTRUCT THEM TO STOP MAKING PAYMENTS AND REFUSE PAYMENTS If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services …

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Unfortunate Decision of 9th Circuit

Hat tip to Darrell Neilander and Charles Cox for bringing this one to my attention. Editor’s Comment: In a twisted display of circular reasoning and reverse logic, the 9th Circuit has issued an opinion that attacks the precise foundation of the Truth in Lending Act. Go to any seminar on TILA and the first thing …

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Are You Already There?

CHECK OUT OUR NOVEMBER SPECIAL GET A CONSULT WITH NEIL GARFIELD Jim Macklin, one of our senior securitization analysts, wrote a piece that I thought was worth publishing. He is located in Sacremento, CA. We consider our Constitution of the Untied States the law of the land under which all other laws must conform. This …

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Barofsky: We Are Headed for a Cliff Because of Housing

Editor’s Note: Hera research conducted an interview with Neil Barofsky that I think should be  read in its entirety but here the the parts that I thought were important. The After Words are from Hera. After Words According to Neil Barofsky, another financial crisis is all but inevitable and the cost will be even higher …

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HOA SCramble to Make Ends Meet BUt Are They Missing an Opportunity?

First thing to add to the list of things you ought to know before you buy is (a) whether the home is part of an Homeowners Association or Condominium or Cooperative association and second whether there are major repairs that are needed or under way because that may mean really big assessments. Once you have …

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Fagan Strikes Again: CA Judge Connects failure to Comply With Discovery with Right to Foreclose

Editor’s note: One of the tricks in civil procedure that has gone over the heads of some Judges is that the banks and servicers are refusing to comply with discovery, and while their refusal is subject to a later hearing they proceed with the foreclosure because there is no TRO. In this case, Judge Tarle …

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TBTF: "Too Tall for Law"

ALL THIS IS DISCUSSED IN MY SEMINAR IN CHANDLER THIS THURSDAY 7/26 AT 9:00 AM. SIGN UP NOW FOR SEMINAR IN CHANDLER, AZ — THERE IS HOPE Editor’s Comment: If there is one thing we can plainly see now it is that the bigger the bank, the bigger the oil corporation, the bigger the enterprise, …

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Criminal Charges Expected Against BofA, Citi, JP Morgan Chase

ALL THIS IS DISCUSSED IN MY SEMINAR IN CHANDLER THIS THURSDAY 7/26 AT 9:00 AM. SIGN UP NOW FOR SEMINAR IN CHANDLER, AZ — THERE IS HOPE NEW NAME FOR LIBOR: LIE-BORE NEW BUSINESS MODEL: LIE MORE Editor’s Note: I was sort of expecting this from the Obama administration. Like others I long suspected the …

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Millions Over 50 Now Hit with Foreclosure

ALL THIS IS DISCUSSED IN MY SEMINAR IN CHANDLER THIS THURSDAY 7/26 AT 9:00 AM. SIGN UP NOW FOR SEMINAR IN CHANDLER, AZ — THERE IS HOPE Editor’s Note: The CNN article is one of many that broke this weekend about senior citizens faced with foreclosure, moving in with children, having their life savings wiped …

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What To Do When Confronted With Foreclosure?

ALL THIS IS DISCUSSED IN MY SEMINAR IN CHANDLER THIS THURSDAY 7/26 AT 9:00 AM. SIGN UP NOW FOR SEMINAR IN CHANDLER, AZ — THERE IS HOPE If you are not interested in keeping the house the options are (a) simply walking away from it after you have spent a few months (or years) rent …

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Retirees Buying Trouble When They Buy Foreclosure

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

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Mass Supremes Declare Note and Mortgage Must Be Owned by Same Party

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

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It's Down to Banks vs Society

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

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Wrong Bailout

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s …

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They Will Get You on Procedure Everytime

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Madison …

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ALLONGES, ASSIGNMENTS AND ENDORSEMENTS: THE REAL DEAL

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 ALLONGES, …

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