Almost everyone writing articles about consumer finance, mortgage loans, and servicing is now in agreement that there are viable meritorious defenses for the consumer. True, they are not obvious to the casual observer, which is part of the problem. see NCLC Digital Library – 12 Ways to Fight Foreclosure of Zombie Second Mortgages – 2022-03-28 …
The full impact of this decision may not be known for years. But the immediate impact is that it gives homeowners a chance to move for remand back down to state court after attempted removal to Federal Court. Unless clarified later, which does not seem likely, this decision could mean that the Supreme Court of …
In a nutshell, moratoriums will do very little for homeowners or the courts. First unless a specific moratorium order states that it bars sales and evictions it is only the foreclosure action that is temporarily suspended. At some point in the near future, homelessness will spike because of a new tidal wave of foreclosures. Second …
BEWARE: MORATORIUM ON FORECLOSURES MAY NOT STOP SALES OF THE PROPERTY Read More »
A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are …
Tolling the Statute of Limitations by Initiating Administrative Processes Read More »
Inconsistency in the Courts http://www.dsnews.com/daily-dose/05-29-2017/inconsistency-in-the-courts?utm_content=bufferf5d7f&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer Equal justice under the law. Carved across the front of the Supreme Court building in Washington, D.C., these words succinctly yet completely convey the duty of the U.S. Supreme Court. Its decisions, however, are then interpreted and applied by the lower federal courts. What happens when those federal courts apply …
DS News: Inconsistency in the Courts concerning RESPA & FDCPA Read More »
The Consumer Financial Protection Bureau (CFPB) is planning to assess the effectiveness of the Real Estate Settlement Procedures Act (RESPA) mortgage servicing rule. The rule, introduced in January 2013 and which took effect in January 2014, was designed to assist consumers who were behind on mortgage payments. Among other things, the RESPA mortgage servicing rule …
CFPB to Assess RESPA Mortgage Servicing Rule Effectiveness 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 ============================ Submitted from a person who is an anonymous source but who works deep inside an organization where the raw data is available and just to be clear —- I told you so: Bonding experience Subject: Bonding experience Sorry for the title line, low hanging fruit……Anyway, I …
Do you know where your loan payments are going? Bet you Don't! Read More »
For further assistance please call 954-495-9867 or 520-405-1688 ———————————— Carol Molloy, Esq., one of our preferred attorneys is now taking on new cases for litigation support only. This means that if you have an attorney in the jurisdiction in which your property is located, then Carol can serve in a support role framing pleadings, motions …
I have frequently commented that one of the first things I learned on Wall Street was the maxim that the more complicated the “product” the more the buyer is forced to rely on the seller for information. Michael Lewis, in his new book, focuses on high frequency trading — a term that is not understood …
JOIN US EVERY THURSDAY AT 6PM Eastern time on The Neil Garfield Show. We will discuss the Stenberger decision and other important developments affecting consumers, borrowers and banks. We had 561 listeners so far who were on the air with us or who downloaded the show. Thank you — that is a good start for …
Unconscionable and Negligent Conduct in Loan Modification Practices Read More »
It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to …
Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances Read More »
Where “servicer” advances to the trust beneficiaries are present, it explains the rush to foreclosure completely. It is not until the foreclosure is complete that the payor of the “servicer” advances can stop paying. Thus the obfuscation in the discovery process by servicers in foreclosure litigation is also completely explained. Further this would open the …
ATTENTION LAWYERS: ARE SERVICER ADVANCES ARGUABLY A NOVATION Read More »
“I wish someone would give me one shred of neutral evidence that financial innovation has led to economic growth — one shred of evidence.” — Paul Volcker, former Fed Chairman, 2009 “We have allowed the borrower to get raped and then we have gone to the rapist for a course on sex education. Thus the …
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 …
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). “Victims can receive up to $125,000 …
Obama response unclear. He keeps saying that the object here is not to include “undeserving” borrowers who are just trying to get out of a bad deal a deal that went bad or whose eyes were bigger than their pocket book. As long as he keeps saying that he is missing the whole point. This …
Underwater homes under 40 and over 55 still in dire straights Read More »
Featured Product by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual For Customer Service call 1-520-405-1688 —————————————————————————– No doubt some of you know that we have had some challenges regarding the Forensic TILA analysis. It’s my fault. I decided that the plain TILA analysis was insufficient for courtroom use based upon the …
Message on the Forensic TILA Analysis — It's a Lot More Than it Appears Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: Thanks to Home Preservation Network for alerting us to John Griffith’s Statement before the Congressional Progressive Caucus U.S. House of Representatives. See his statement below. People who know the systemic flaws caused by Wall Street are getting …
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: For thousands of years since the dawn of money credit has been an integral part of the equation. Anytime a person, company or institution takes your money or valuables in exchange for a promise that it will return …
How Wall Street Perverted the 4 Cs of Mortgage Underwriting Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT IT’S ALL ABOUT THE MONEY, STUPID! Editor’s Analysis: This is the moment I have been waiting for. After years of saying the documents were real, they admit, in the face of a mountain of irrefutable evidence, that the documents were not real, but …
LPS: So We Fabricated and Forged Documents… So what? Here's what!! Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Editor’s Comment: At the end of the day, everyone knows everything. The billions that Paulson made are directly attributable to his ability to instruct Deutsch and others as to what should be put into the Credit Default Swaps and other hedge products that …
Deutsch Bank Inquiry Reveals Insider Influence by Paulson Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Editor’s Comment: So SOMEONE is going to jail for up to five years. But the meat of this lies between the lines. First, it was a conspiracy charge. You can’t run a PONZI scheme the size of the Madoff scheme without channels that …
Reuters: Ex-Credit Suisse Manager Pleads Guilty in Subprime Bond Probe Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT See Full Letter from Masto to DOJ and HUD Here 1-27-12 Hawaii did it, Nevada did it and now other states are doing it. Seeing the devastating effect on the state economy and the ensuing effects on the nation’s economy and the world …
