The core of defending against foreclosure is getting the right information during court proceedings. The goal here is to ask questions that neither the bank’s lawyer nor the bank itself can answer. Specifically, you want to question the real existence of the debt, who really owns it, and who has the right to collect or …
The Secret Sauce of Foreclosure Defense: Discovery Read More »
Most people do not have a clear understanding about Quiet Title, because it means one thing to them and another thing in court. The common misconception about quiet title is that it is a thing that just happens, like the result of a magic bullet. In fact quiet title is a court process that begins …
Quiet title is a lawsuit not a motion. It must be worded correctly to fulfill the elements required for the court to consider the demand for quiet title. Otherwise it will be dismissed. For quiet title to apply the mortgage must be void not just unenforceable. TILA Rescission is a statutory remedy that is different …
Short Explanation of TILA RESCISSION vs Common Law Rescission Read More »
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 …
The Court, possibly because of the pleadings and briefs refers to the Trust as “US Bank” — a complete misnomer that reveals a completely incorrect premise. Despite the clear allegation of the existence of the Trust — proffered by the Trust itself — the Courts are seeing these cases as “Bank v Homeowner” rather than …
Appeals Court Challenges Cal. Supreme Court Ruling in Yvanova/Keshtgar Read More »
Void means that the instrument meant nothing when it was filed, not that it is unenforceable now. I know how hard it is to let go of something that you really want to believe in. But for practical reasons I consider it unwise to continue on the QT path until we can find a …
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 …
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, …
For further information please call 954-495-9867 or 520-405-1688 ============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious. Scalia, writing for a UNANIMOUS court said that the statute means …
UNANIMOUS SCOTUS: TILA Rescission Effective on Notice: No Borrower Lawsuit Required Read More »
In the search for a magic bullet, many pro se litigants and even attorneys have ended up perplexed by laws and rules regarding an action to Quiet Title (frequently misspelled by pro se litigants as “Quite Title”). The purpose of this article is to add some context to the discussion and some reasons for my …
Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN …
As I predicted in 2009, the number of cases where foreclosure had been simply dismissed without further action has increased exponentially. The homeowner is normally afraid to take any proactive stance for fear of awakening the giant who will then respond by filing another foreclosure. Some of these cases are as much as 10 years …
What About All Those Cases Where Foreclosure Was Dismissed? Read More »
For assistance in understanding the content of this article and purchasing services that provide information for attorneys and homeowners see www.livingliesstore.com. Josh Arnold has written an interesting article that reveals both realities and misconceptions arising from gross misconceptions. His misperceptions arise primarily from two factors. First he either ignores the fact that JPM was integrally …
Only $4 Billion of JPM $13 Billion Settlement Goes for "Consumer Relief" Read More »
This is a nice question to answer for people who have already won their cases successfully defending against a wrongful foreclosure. It is nice because homeowners are winning more and more cases. But it is equally relevant to those who are not in litigation and who think they have clear title and are out of …
WHAT IS THE EFFECT OF SETTLEMENTS, BUY-BACKS AND FEDERAL RESERVE BUYOUTS? We hear these stories of settlements, purchases by the Fed, buybacks — but what they are buying and which mortgages are affected is never disclosed. Meanwhile the marketplace and the judicial system are functioning as though none of this activity was happening. First of …
DISCONNECT BETWEEN HIGH FINANCE, REALITY AND LAWSUITS Read More »
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 …
see also https://livinglies.me/2013/04/29/hawaii-federal-district-court-applies-rules-of-evidence-bonymellon-us-bank-jp-morgan-chase-failed-to-prove-sale-of-note/ 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 …
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). CHAMPERTY …
Local Government and HOAs Settling Budget Crisis: Suing Banks for Priority of Liens Read More »
Consider this an add-on to the workbook entitled Whose Lien is It Anyway also known as Volume II Workbook from Garfield Continuum Seminars. Several Attorneys, especially from California are experimenting with a cause of action in which an instrument is cancelled — because it throws the burden of proof onto the any party claiming the …
Editor’s Note: In an extremely well-written and well reasoned decision Federal District Court Judge M. James Lorenz denied the Motion to dismiss of US Bank on an alleged WAMU securitization that for the first time recognizes that the securitization scheme could be a sham, with no basis in fact. Although the Plaintiff chose not to …
CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: National Notary Association to take Up Issue of Forgery, Robosigning and attesting to authority in corporate capacity. Arizona’s Ken Bennett, Secretary of State, is among the officials leading the charge on this issue. Notary Trade Group: Foreclosure Fraud …
National Notary Association Takes Up Robosigning Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 U.S. home short sales surpass foreclosure deals for first time Editor’s Comment: Well of course short sales will be higher than REO sales. REO sales of foreclosed property where the bank or its agent owns the property presents a virtually …
Don't leave or enter short sale home without quiet title and adequate title insurance. Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: Contact: Darrell Blomberg Darrell@ForeclosureStrategists.com 602-686-7355 Meeting: Tuesday, April 24, 2012, 7pm to 9pm Qualified Written Requests (QWRs) 10-day Owner / Assignee Requests Payoff Demand Requests The goal of this meeting is to build an effective set of requests …
Foreclosure Strategists: Meeting in Phx: Learn about QWRs Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Foreclosure Strategists: Phoenix Arizona Contact: Darrell Blomberg 602-686-7355 or Darrell@ForeclosureStrategists.com Meeting: Tuesday, April 17, 2012 Special guest speaker: Arizona Secretary of State Ken Bennett Some of the topics we will be discussing are: Duties of the Secretary of the State …
