Just the Facts, Ma’am! Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, California attorney and Bill Paatalo, private investigator, discuss the implications of two Hawaii cases that are mirroring other decisions across the country. Hawaii Schranz Case Hawaii St. John Case The above links …
Posted by Nick Mermiges, Esq. MotionToStrikeAffirmativeDefenses Attorney Nick Mermiges (Miami, I think) has written an excellent article on motion practice which is very illuminating and extremely clear. In essence he has called out the bank lawyers who are filing motions to strike affirmative defenses and then using the law on summary judgment to argue their case. …
Summary Judgment by Ambush: Motion to Strike Affirmative Defenses Read More »
The Wadsworth case clearly shows that the appellate courts are requiring the trial court to scrutinize the claims and filings of would-be forecloser and that things like notice of acceleration and the right to cure are important enough to reverse summary judgment. This is directly contrary to the rulings of many judges who say that …
What’s the Next Step? Consult with Neil Garfield CHECK OUT OUR NOVEMBER SPECIAL 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 …
FOR REPRESENTATION IN OHIO CALL OUR CUSTOMER SERVICE NUMBER 520-405-1688. Click Now to Consult with Neil Garfield In a well-reasoned and well-written opinion, the Supreme Court of the State of Ohio analyzed the questions of standing and real party in interest — two doctrines that are all too often used interchangeably. They lead to different …
Ohio S. Ct: Standing is jurisdictional at the beginning of the foreclosure Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S ANALYSIS: We all knew that when the appellate courts got hold of these cases, the banks’ cases would fall like dominoes. That is exactly what is happening. The reluctance with which courts had been approaching foreclosures is giving way to an examination …
2d DCA Fla: Another Bank Loses on Failure to Follow Notice Provisions in Documents Read More »
GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE The fact that the true creditor doesn’t want to collect from homeowners is not a good reason to allow someone else to collect it. — Neil Garfield FORECLOSURE CASE LAW – HSBC v. MURPHY, Maine Supreme Judicial Court, 2011 ME 59 (May 19, 2011) “AFFIDAVITS SUBMITTED …
MAINE S. CT: HSBC AFFIDAVIT NOT TRUSTWORTHY – SUMMARY JUDGMENT REVERSED Read More »
Editor’s Note: Here is the problem. As I explained to a Judge last week, if Aunt Alice pays off my obligation then the fact that someone still has the note is irrelevant. The note is unenforceable and should be returned as paid. That is because the note is EVIDENCE of the obligation, it isn’t THE …
See 2D08-3553 Fla 2d DCA BAC v Ginelle Jean-Jacques This is the reason why I am offering the workshop on Expert Witnesses, i.e. — to highlight the rules of evidence, to coach those who would present opinions as evidence and to hone the skills of the litigator. While apparently narrow in its scope and reasoning, …
Florida 2d DCA Gets It — Rules of Evidence Prevail! Read More »
a special relationship may exist between defendants, who possess specialized knowledge and experience in the field of mortgage refinance, and plaintiff, a homeowner without any training or education in mortgage refinance. Based upon the parties’ vast difference in knowledge, there are issues of fact whether plaintiff’s reliance on defendants’ misrepresentations was justified. (See Fresh Direct, …
Rescission: Equitable Estoppel Validated in 2006 Case Read More »
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, DEUTSCHE BANK NATIONAL TRUST COMPANY , AS TRUSTEE Plaintiff, Case No.: vs. DIVISION: 02 . xxxxxxxxCITIBANK, FSB, UNKNOWN TENANT(S) IN POSSESSION #1 AND #2 et al Defendants. ____________________________________/ DEFENDANT’S EMERGENCY MOTION TO VACATE …
Foreclosure Defense: Motion to Vacate Final Default Summary Judgment Read More »
