Sanctions

Punitive Damages for Violations of Automatic Stay in Bankruptcy §362

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” …

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Now Playing! 6pm Eastern! The West Coast Foreclosure Show with Charles Marshall: Sanctions & Motions directed at the Litigant and/or their Attorney

Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays This edition of the West Coast Foreclosure Hour features California attorney Charles Marshall who will address sanctions and motions directed at you as litigant and/or your attorney including:  – removing lis pendens; – supposed failure to …

Now Playing! 6pm Eastern! The West Coast Foreclosure Show with Charles Marshall: Sanctions & Motions directed at the Litigant and/or their Attorney Read More »

CHECKLIST — FDCPA Damages and Recovery: Revisiting the Montana S Ct Decision in Jacobson v Bayview

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 …

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Wells Fargo: Insured Mortgages Still Being Foreclosed After Death Benefit is Paid to Bank

In my newly formed practice and thanks to the diligent work of my partners at GGKW, we have discovered something that is over the top even by current standards in the current mortgage mess, to wit: servicers, banks and other entities are receiving complete payoffs of the mortgage upon the death of the insured homeowner …

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Fl S.Ct: Roman Pino vs. Bank of New York

CHECK OUT OUR EXTENDED DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure or to challenge whoever is taking your money every month, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, Tennessee, Georgia, California, …

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Schack bangs HSBC for False Paperwork

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Plausible deniability went out the window as HSBC tried to get out of the consequences for submitting false, fabricated papers to the court in support of a fraudulent foreclosure. They tried to say they didn’t know. Schack didn’t buy it and …

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FLORIDA SUPREME COURT RIPS UP BANKS' PLAYBOOK

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: Here is the game: A party comes into court filing a complaint against someone who is essentially unable to defend themselves. The suit is fake and uses fraudulent documents to support it. In the usual course of events the “defendant” defaults, …

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CA BKR DENIES STAY, ORDERS SANCTIONS AGAINST ONEWEST, INDYMAC

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! “the Court will not participate in a process where OneWest increases its profits by disobeying the rules of this Court and by providing the Court with erroneous information” NEW NOTE GAMBIT ANGERS JUDGE EDITOR’S COMMENT: We’ve been watching this for …

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BAD FAITH: Judges Getting Testy About Lawyer's Representations and Bad Treatment of Borrowers

TOP READER PICKS FOR SERVICES AND PRODUCTS “the misleading statements made to both the court and plaintiffs’ counsel constituted willful misconduct. Accordingly, the defendants are hereby adjudged to have accepted the July 1, 2009 agreement signed by the plaintiffs (Adv. Pro. No. 09-4045 AN, Docket No. 20), and are fully bound by the terms thereof. The …

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