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Servicer advances

Arizona Appeals Court Reverses Direction: Dismissal of Borrower's Claims Reversed

47 Comments / Corruption, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

JOIN US TONIGHT AT 6PM Eastern time on The Neil Garfield Show. We will discuss this decision and other important developments affecting consumers, borrowers and banks. Congratulations to Attorney Barbara J. Forde!! HIGHLIGHTS: Steinberger v Hon. McVey/OneWest Discharge of Debt — money that OneWest received from FDIC to pay off loss on loan discharges the …

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Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances

124 Comments / CASES, CDO, Corruption, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

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 …

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Bankruptcy Lawyers: it starts in the schedules — admission of secured debt is deadly

209 Comments / Corruption, EMS, escrow agent, evidence, expert witness, foreclosure mill, forms, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

I was traveling and re listening to an older lecture given by 2 Bankruptcy judges generally held in high esteem. The largest point was that naming a party as the creditor and checking the right boxes showing they are secured basically ends the discussion on the motion to lift stay and restricts your options to …

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Federal Bankruptcy Judge Explains Wells Fargo Servicer Advances

47 Comments / CASES, CDO, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Trust Beneficiaries, trustee / By

In order to obtain forensic reports including servicer advances please go to www.livingliesstore.com or call 520-405-1688. for litigation support to attorneys call 850-765-1236. ——————————— Mortgage Lenders Network v Wells Fargo, Chapter 11, Case 07-10146(PJW), Adv. Proc., Case 07-51683(PJW) In an adversary proceeding in which evidence was presented, Judge Walsh dissected the confusing complex agreements involving …

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Are Servicer Advances Deductible Expenses for Homeowners?

8 Comments / Corruption, evidence, expert witness, foreclosure, GARFIELD KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Motions, Pleading, Servicer, Statutes, Trust Beneficiaries / By

Many homeowners get tax statements from entities claiming the right to file them, with an EIN that is problematic. We are having trouble linking the EIN with the name of the entity that sends the tax statement. More importantly or perhaps of equal importance is the question raised by individual homeowners and investors who have …

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US Bank Antics versus Their Own Website

2 Comments / CASES, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

Editor’s Note: In answer to the many inquiries we get, I am ONLY licensed in the State of Florida. The reason you see my name pop up in other states is that I am frequently an expert witness and trial consultant on cases, working for the lawyer who is licensed in that state. My law …

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The Mystery of Servicer Non Stop Advances

52 Comments / AMGAR, CDO, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them …

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