A recent request from an old client brought to mind the changes that have occurred, as in her case, since 2011 — more than 7 years ago. A quick review indicates that the facts were correct but the conclusions need tweaking. And the title record should be updated. Many new laws and case decisions have …
Older Forensic Title Analyses Need Updating — Even Ours Read More »
the basic thrust of the defense is to point out what is absent rather than attack what is not absent. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- As predicted …
The banks were not taking risks. They were making risks and profiting from them. Or another way of looking at it is that with their superior knowledge they were neither taking nor making risks; instead they were creating the illusion of risk when the outcome was virtually certain. Securitization as practiced by Wall Street and …
Can you really call it a loan when the money came from a thief? Read More »
IF THE SERVICER IS NOT AFFILIATED WITH US BANK “IN ANY WAY” THEN EITHER US BANK HAS NO TRUST DUTIES OR THE SERVICER HAS NO SERVICING AUTHORITY BOTTOM LINE: A trust without a trustee holding fiduciary duties and actual powers over trust assets is no trust at all. This signals corroboration for what is now well known …
What do you think the average homeowner would have said if he was told “Look, the actual lender is someone else but we want you to name us as the lender.” Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN …
"Participants" in False Claims of Securitization Read More »
It seems apparent to me that the banks are sidestepping the statute of limitations issue by getting homeowners to renew payments after the statute has run. Given the confusion in Florida courts it is difficult to determine with certainty how the statute will be applied. But the execution of a modification agreement would, in my …
Renewing the Statute of Limitations Accidentally: Modifications and Payments Read More »
The bottom line is that millions of people have been told that line and most of them stopped paying for three months because of it. It was perfectly reasonable for them to believe that they had just been told by the creditor that they must stop paying if they want relief. Judges have heard this …
For further information please call 954-495-9867 or 520-405-1688 Please consult an attorney who is licensed in your jurisdiction before acting upon anything you read on this blog. ================================== Anyone following this blog knows that I have been saying that unity of investors and borrowers is the ultimate solution to the falsely dubbed “Foreclosure crisis” (a …
Ocwen: Investors and Borrowers Move toward Unity of Purpose! Read More »
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 …
Modification Minefields as Foreclosures Resume Upward Volume Read More »
For Further information please call 954-495-9867 or 520-405-1688 ========================== see http://dealbook.nytimes.com/2015/01/26/ocwen-and-bondholders-clash-over-mortgage-services/?_r=0 And if you are in the mood to drill into Ocwen’s Business, see http://www.sec.gov/Archives/edgar/data/1513161/000119312513024292/d474092dex991.htm Every once in a while you get a peek at what is really happening behind the scenes. The view from here is startling sometimes even to me. Here we have …
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 …
Who Can Sign a Lost Note Affidavit? What Happens When It Is "Found?" Read More »
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 be too quick admit the …
Securitization for Lawyers: How it was Written by Wall Street Banks Read More »
Wells Fargo Manual “Blueprint for Fraud” Hat tip to my law partner, Danielle Kelley, Esq., for sending me the manual and the reports on it. Anyone desirous of a consultation on the application of what is on this blog, must either be a lawyer or have a lawyer who is licensed in the jurisdiction in …
One of the more controversial statements I have made is that certain types of payments from third party sources should be applied, pro rata, against loan balances. Some have stated that the collateral source rule bars using third party payments as offset to the debt. But that rule is used in tort cases and contract …
Insurance and Hedge Proceeds Applied to Loan Balances Read More »
GGKW (GARFIELD, GWALTNEY, KELLEY AND WHITE) provides Legal Services across the State of Florida. We also provide litigation support to attorneys in all 50 states. We concentrate our practice on mortgage related issues, litigation and modification (or settlement). We are available to represent homeowners, business owners, and homeowner associations seeking to preserve their interest in …
BANKS EDGE CLOSER TO THE ABYSS: Florida Judge Forces Permanent Modification Read More »
HAPPY INDEPENDENCE DAY! WHY ARE THE BANKS FIGHTING TO GET AS LITTLE AS POSSIBLE FROM EACH “FAILED” LOAN? A drama is playing out in the state of Massachusetts. Bank of America is pretending to be the lender or the authorized servicer or both. But it outsourced the task of dealing with borrowers seeking modification. The …
BOA Seeks to Seal Damaging Testimony from Urban Lending Read More »
Despite the pronouncements by Eric Holder, the chief law enforcement officer of the United States, and the obvious reticence of the Securities and Exchange Commission, the vast majority of securities attorneys believe that the banks were (a) trading on inside information and (b) committing securities fraud when they funded and then traded on mortgages that …
13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure 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 …
OCC: 13 Questions to Answer Before Foreclosure and Eviction Read More »
Practice Note: Hearsay is not evidence and should not be used as the basis for any conclusion of facts that would support any conclusion of law. While the banks are extremely vulnerable to having all testimony and documents barred by the hearsay rule, this is ONLY true if the proper objection is made at the …
Keystone Fraud by Banks: Business Records Exception to Hearsay Rule Read More »
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 Nevada. (NOTE: Chapter 11 may be easier than …
CHECK OUT OUR 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, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s …
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, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). …
Chorus of Whistles as the Blowers Get Ignored or Shutdown Read More »
CHECK OUT OUR 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, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). The …
“TARP was supposed to cover losses from defaulting loans. But then it was switched to make direct capital infusions into the mega banks. Why the switch? Because everyone realized very early on that the banks had no losses from defaulting loans. It was the investors who made the loans and would take those losses. But …
