Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” …
Punitive Damages for Violations of Automatic Stay in Bankruptcy §362 Read More »
Jeannie K. May, Plaintiff-Appellee, v. Nationstar Mortgage, LLC, Defendant-Appellant. Jeannie K. May, Plaintiff-Appellant, v. Nationstar Mortgage, LLC, Defendant-Appellee. May v Nationstar Mortgage Nos. 16-1285, 16-1307.United States Court of Appeals, Eighth Circuit.Submitted: December 15, 2016.Filed: March 29, 2017.Kevin Michael Abel, for Defendant-Appellant. Jeffrey Mark Tillotson, for Defendant-Appellant. Rhiana Luaders, for Defendant-Appellant. Amy Elizabeth Breihan, for Defendant-Appellant. …
What is unique and instructive about this decision from the Montana Supreme Court is that it gives details of each and every fraudulent, wrongful and otherwise illegal acts that were committed by a self-proclaimed servicer and the “defective” trustee on the deed of trust. You need to read the case to see how many different …
The promise by some title search vendors of a cheap lawsuit that will get rid of your mortgage is generally not based in reality. You might be able to beat a foreclosure with title issues but you probably won’t get rid of the mortgage or deed of trust without pleading and proving that the mortgage …
FDCPA and FCCPA (or similar state legislation) claims are getting traction across the country. Bank of America violated the federal Fair Debt Collection Practices Act (“FDCPA”) and the related Florida Consumer Collection Practices Act (“FCCPA”). (Doc. 26). The Goodin case is a fair representation of the experience of hundreds of thousands of homeowners who have …
For more information please email us at gtchonors.llblog@gmail.com or call 954-495-9867 or 520-405-1688. This is not a legal opinion on your case. It is general information only. Consult an attorney before you make any decisions. ================================== Hat tip to Ken McLeod see Goodin v Bank of America NA I think this case decision should be …
Bank of America Hit with FDCPA Damages PLUS PUNITIVE Damages $100,000 Read More »
For further information please call 954-495-9867 or 520-405-1688 ============================ see Quiet title Wrongful foreclosure Punitive Damages Missouri judgment.1-26-15.pdf ocr Missouri had been impenetrable. Things change. This case finds that neither the GSE nor anyone else in the chain had the power to enforce the paper because they did not really have ownership of the loan, …
Damage awards for wrongful foreclosure are rising across the country. In New Mexico a judge issued a $3.2 million judgment (including $2.7 million in punitive damages) against Wells Fargo for foreclosing on a man’s home after his death even though he had an insurance policy through the bank that paid the remaining balance on his …
Damages Rising: Wrongful Foreclosure Costs Wells Fargo $3.2 Million Read More »
““The words PONZI SCHEME and FRAUD applied to the mortgage meltdown has been largely dismissed by policy makers, law enforcement and regulators. Instead we heard the terms RISKY BEHAVIOR and RECKLESSNESS. Now law enforcement has finally completed its investigation and determined that those who set the tone and culture of Wall Street were deeply involved …
Countrywide Found Guilty of Fraud, JPM Criminal Responsibility for Madoff PONZI Scheme Read More »
The purpose of this article is to support the prior conclusions expressed in my articles and appearances that in addition to being a Ponzi scheme, a necessary component of the illusion of a securitization plan was identity theft in which the identity of a person or entity is used for fraudulent purposes. The latest round …
CHECK OUT OUR NOVEMBER SPECIAL GET A CONSULT WITH NEIL GARFIELD I’ve been thinking about this for a while. In fact, when I first started out on the blog in 2007 I spent quite a bit of time interviewing big and small law firms and retired judges and they all said the same thing: wait …
The REMICS are mirror images of the NINJA loans — no income, no assets, no job the borrower did not realize that the false appraisal and other deficiencies in underwriting had shifted the risk of loss to the homeowner and the investors Editor’s Notes: Our economy and the economic structure in other countries is stuck …
Appraisal Fraud and Facts: Essential to Securitization Scam Read More »
Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: As if on queue this story appears. I have been warning buyers of short sales that they face strong headwinds in maintaining …
