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Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended

1 Comment / burden of pleading, BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, investment banking, Judicial notice, Modification, Mortgage, Pleading, Presumptions, Servicer, sham transactions / By

Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers.  Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] …

Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended Read More »

Don't Ignore That Request for return of Note At End of Case

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Don’t Ignore That Request for return of Note At End of Case 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.   It is standard to request and receive the note at …

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RESCISSION: It's time for another slap on the wrist for state and federal judges.

16 Comments / foreclosure / By

50 years ago Congress decided to slap punitive measures on lenders who ignore or attempt to go around (table-funded loans) existing laws on required disclosures — instead of creating a super agency that would review every loan closing before it could be consummated. So it made the punishment so severe that only the stupidest lenders …

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Looming Title Problems from Fabricated, Fraudulent Forged Documents

8 Comments / foreclosure / By

The one thing that is perfectly clear is that at some point the state legislatures who govern title to property already have a huge problem brewing under their feet. There is no doubt in my mind, that the solution will follow the example of the Murphy Act in Florida when title became unintelligible some 80 …

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Appeals Court Challenges Cal. Supreme Court Ruling in Yvanova/Keshtgar

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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 …

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"Get three months behind and you'll get a modification": The Big Lie That Servicers and Banks are Still Using

33 Comments / foreclosure / By

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 …

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Rescissions and Preemptive Lawsuits by Borrowers — 2 Things the Courts Dislike the Most.

19 Comments / foreclosure / By

For short-term results it is absolutely essential that discovery be pressed as hard as possible and that attorneys prep for a punishing cross examination of the corporate representative of the company claiming to be the servicer for the company that claims to be the trustee or successor for a trust that by implication claims to …

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Chase Loses on Assignment and Assumption Argument with WAMU

7 Comments / foreclosure / By

A purchase and assumption agreement was not enough to prove JPMorgan Chase Bank N.A.’s legal standing in a foreclosure case before the Fourth District Court of Appeal. —————— Read more: http://www.dailybusinessreview.com/id=1202753997800/JPMorgan-Chase-Loses-Foreclosure-Case-at-Fourth-DCA-After-5-Debt-Sales#ixzz45ulLI8CB —————— For a description of our services  click here: https://wordpress.com/post/livinglies.wordpress.com/32498 Group Session- 90 Minute Roundtable Discussion =========================== THE FOLLOWING ARTICLE IS NOT A LEGAL …

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Like the Mortgages, Rescission is Counter-Intuitive

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

13 Comments / foreclosure / By

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 »

Paatalo's question Shatters Chase-WAMU Chain of "Title"

38 Comments / foreclosure / By

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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Federal and State Judges Think they Can Overrule the US Supreme Court

52 Comments / foreclosure / By

Jeff Barnes has put into words what I have been thinking about for several weeks. Barnes is a lawyer who has concentrated on foreclosure defense and has won many cases across the country. He is a good lawyer, which means that he understands how to get traction. So when he complains about Judges, people ought …

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Clerks Illegally Bowing to Bank Pressure: Recording the Notice of Interest in Real Property with the Notice of Rescission attached.

49 Comments / foreclosure / By

For more information please call 954-495-9867 or 520-405-1688. This is for general information only and contains my general opinions on the subject NOBODY should use this article as a substitute from advance from an attorney licensed in the jurisdiction in which the subject property is located. ========================= The Banks are at it again — using …

Clerks Illegally Bowing to Bank Pressure: Recording the Notice of Interest in Real Property with the Notice of Rescission attached. Read More »

Rescission and Moving to Strike Pleadings of "Holder"

77 Comments / foreclosure / By

For further information please call -954-495-9867 or 520-405-1688. This is for general information only. Get a lawyer. =============================== THIS IS REALLY DIRECTED AT LAWYERS WHO ARE DEALING WITH RESCISSION. NO LAYMAN SHOULD ACT ON THIS WITHOUT CONSULTING WITH A LICENSED ATTORNEY IN THEIR JURISDICTION. Among the zillions of email requests I have been receiving are …

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Patricia Rodriguez Tonight on the Neil Garfield Show

3 Comments / foreclosure / By

Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 32,000 people listen to the Neil Garfield Show. Maybe you should too. =============================== Patricia Rodriguez returns tonight to talk about her Seminar on October 31, 2015.. Patricia is a good lawyer and particularly good …

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