The reference to “adverse possession” in any of these cases is not about legally changing title due to the statute of limitations enabling adverse possession. I know what that looks like. Possession that is adverse is not the legal definition of the statute governing “adverse possession”. Not even close. In this case the court was …
The sooner everyone realizes that these foreclosures are merely schemes to generate revenue the closer we will come to justice. The fact that is that anyone who has paid value for the debt is getting paid pursuant to a third party agreement that has very little relationship with the performance or non performance of the …
Here is a powerful argument that SCOTUS acknowledged: nobody should benefit from their own fraudulent conduct. The FDCPA has a one year statute of limitations. And people have tried to litigate on the premise that the one year should run from the date of discovery not when the violation occurred. The courts have disagreed saying …
FDCPA Claims Might Not Be Barred By Statute of Limitations Read More »
“failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.” the Notice of Default stated that “[t]o avoid the possibility of acceleration,” Defendants were required to make certain payments …
Claims under state statutes or Federal statutes have different periods of limitation under which you can file suit. BUT — if the statutory duty that was breached is part of another claim that is not barred by the statute of limitations then you can survive a motion to dismiss or even an affirmative defense of …
Until this decision I had assumed that Qui Tam actions were essentially dead in relation to the mortgage meltdown. Now I don’t think so. The question presented is whether actions brought by a private person acting as a relator on behalf of a government entity can bring claims for damages under the False Claims Act. …
Bottom Line: Failure to attack the facial validity of the documents is virtually hanging the homeowner letting him/her twist in the wind. Without such a relentless attack based upon scrutiny of the exact wording on documents revealing that nobody is actually identified as a real party in interest, you will be trapped by an endless …
This case comes the closest yet to the truth about TILA Rescission. And it requires that TILA Rescission be applied — if there is an action to enforce within the statute of limitations covering contract actions in the state in which the property is located. The court’s conclusion that there must be a statute of …
9th Circuit Creeps Up the Ladder in Hoang TILA Rescission Breakthrough Read More »
The simple answer is that the debt, or the claim on the debt, ends 20 days after notice of rescission. Otherwise the statute 15 U.S.C. §1635 and SCOTUS would have had no meaning when it says that the rescission is effective by operation of law at the time the notice is delivered. It provides a …
Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Q and A: Statute of Limitations In this episode I will be discuss two states with drastically different interpretations of Statute of Limitations. In Florida the Bartram decision ruled that every time a homeowner misses a …
The Neil Garfield Radio Show LIVE at 6 pm Eastern: The Statute of Limitation Read More »
by K.K. MacKinstry Last week a Manhattan court ruled in Costa v. Deutsche Bank that Deutsche Bank had failed to foreclose within the six year window and was therefore barred from collecting the debt. In the same week, the Florida Supreme Court denied a motion for rehearing in Bartram v. U.S. Bank regarding the statute …
Read Costa v. Deutsche Bank here: Costa v. Deutsche Bank 2017 03 29 Unlike Florida where there is no statute of limitations and every missed mortgage payment resets the clock, New York enforces the statute of limitations for debt collection including mortgages. A federal judge has granted two New Rochelle, New York homeowners’ request to …
What is apparent here is that the Courts are coming to terms with the possibility that those relying upon a statute of limitation as a defense to various claims might NOT be protected by an otherwise applicable statute of limitations. The premise enunciated in a decision that seeks affirmation from the U.S. Supreme Court, is …
Lawsuit Seeking Disgorgement Might Not Be Barred by Statute of limitations Read More »
Why did the Plaintiff lose in its “standard foreclosure”? The decision on acceleration is essentially this: If the banks do it, it doesn’t count. While Bartram didn’t turn out the way we want, there are two paths that nobody is talking about — logistics and res judicata. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave …
It seems apparent to me that the banks are sidestepping the statute of limitations issue by getting homeowners to renew payments after the statute has run. Given the confusion in Florida courts it is difficult to determine with certainty how the statute will be applied. But the execution of a modification agreement would, in my …
Renewing the Statute of Limitations Accidentally: Modifications and Payments Read More »
Florida Supreme Court to rule on the Five Year Statute of Limitations by William Hudson In Florida, a five-year statute of limitations rule may prevent banks from being able to foreclose despite ongoing litigation. As a result of this rule, mortgage servicers are actively attempting to preserve their right to foreclose pending the Florida Supreme …
Will Florida’s Supreme Court protect the Homeowner or Bank? Read More »
For further information please call 954-495-9867 or 520-405-1688 NOTE: The rescission package we offer provides information on the specific loan of the borrower, whether rescission is an option, to whom the rescission letter should be addressed, whether your prior letter of rescission is effective, and how to prepare for further litigation regarding the effective date …
For more information please call 954-495-9867 or 520-405-1688 ============================== see http://www.courant.com/opinion/letters/hc-go-after-mortgage-fraud-perps-20150427-story.html It appears that the statute of limitations might be running out this year on any claim against the officers of the banks that created the fraudulent securitization process. Eric Holder, outgoing Attorney general, made an unusual comment a few months back where he said …
Statute of LImitations Running on Bank Officers Who Perpetrated Mortage Crisis Read More »
For further information please call 954-495-9867 or 520-405-1688 ============================== http://www.dailybusinessreview.com/home/id=1202719316326/Florida-Supreme-Court-to-Visit-LenderFriendly-Foreclosure-Rulings?mcode=1202617073880&curindex=0&slreturn=20150203104522 “Kafaesque” is the term being applied to the state of Florida law on foreclosures. If you have commercial property then you have rights, but if it is your home, then maybe you don’t. Due process has been shattered for homeowners while complete strangers take their …
Florida Supreme Court Considers Clearing up Conflicts on Statute of Limitations Read More »
For further information please call 954-495-9867 or 520-405-1688 =============================== We are starting to get a peek at the strategy the banks will employ in dealing with notices of rescission. In one case the homeowner sent the notice of BOA, who answered that they received it (one problem solved) and that the new servicer is Ocwen …
For further information please call 954-495-9867 or 520-405-1688 ============================== TILA remedies and requirements actually address the “free house” complaint head on: If banks misbehave in material and important ways (as defined by statute and not in the minds of a judge or lawyer) then yes, the homeowner should get a free house. That is what …
Banks Brace for Pain: Statute of Limitations on TILA Rescission and TILA Claims Read More »
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 »
For more information please call 954*495*9867 or 520-405-1688 ============================ I have long argued that TILA claims are not barred and that fraud claims based upon intentional withholding of information (required by the Truth in Lending Act) are also not barred by the statute of limitations UNTIL the claimant knew or should have known about the …
Are Fraud Claims Barred by Statute of Limitations? Credit Suisse (Owner of SPS) Loses Read More »
I have written about it, but there is an article that succinctly makes the point. See http://www.jdsupra.com/legalnews/the-third-district-weighs-in-on-the-appl-27045/ My opinion is simple — keep things the way they were before this nonsense started. To lean toward the banks at this point adds insult to injury to the judicial system and the borrowers. Homeowners have been systematically …
