Based on questions that greeted me when I got to my desk this morning, here are just some of the thoughts that apply — a case review and analysis for each case being necessary to actually draft the right questions and to close any trap doors. Let us help you plan for trial and draft …
Discovery Changes and Broadens After Hawaii Supreme Court Decision Read More »
If you want to show examples of what you are alleging and can prove at trial (after discovery) the recent rules and decisions of the federal courts may help, if you are careful. Submission of illustrative materials is most probably advisable in federal practice. It might be allowed in state courts as well. The submission …
Surviving a Motion to Dismiss: Submission of "Illustrative Materials" In Federal Court Read More »
The “free house” mythology will have become reality. That is what happens when you break the laws governing deceptive and predatory lending. … for those who don’t give up, the reward is substantial when TILA rescission is reluctantly recognized by the Courts as effective upon mailing. Get a consult! 202-838-6345 CALL NOW FOR TONIGHT’S SMALL …
WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Our services consist mainly of the following: 30 …
Livinglies Team Services: see GTC HONORS Services, Books and Products =========================== For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688 This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located. =========================== SEE 2015-08-10-0001 …
MINNESOTA SUPREME COURT: "NOTHING PLUS NOTHING EQUALS NOTHING" 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============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious.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 »
bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be …
New Mexico Supreme Court Wipes Out Bank of New York Read More »
CHECK OUT OUR EXTENDED 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, Tennessee, Georgia, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than …
Illinois New Procedural Rules Merely Codify Requirements and Apply Them to Foreclosures Read More »
“The Pendergrass limitation finds no support in the language of the statute codifying the parol evidence rule and the exception for evidence of fraud. It is difficult to apply. It conflicts with the doctrine of the Restatements, most treatises, and the majority of our sister-state jurisdictions. Furthermore, while intended to prevent fraud, the rule established …
CAl. S. Ct: You can't Fool All the People All the Time Read More »
Editor’s Comment: It is no small wonder that the banks are scared. After all they created MERS and they control MERS and many of them own MERS. The Washington Supreme Court ruling leaves little doubt that MERS is a sham, leaving even less doubt that an industry is sprouting up for wrongful foreclosure in which …
Banks Trying to Get Bill Through Congress Protecting MERS Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: While finding that the affidavits were false and agreeing the conduct was disturbing and reprehensible the Court held that GMAC should not be held in contempt. What? The dissenting opinion is correct. Neither the trial Judge nor the Supreme Court should …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE CV110091CQ Brief [Plaintiff Vasquez] CV110091CQ Brief filed by Defendants CERTIFIED QUESTIONS SUBMITTED FOR SUPREME COURT REVIEW AMICUS BRIEFS REPORTEDLY BEING FILED BY ARIZONA AG AND OTHERS A lot of buzz being generated about this time in Arizona Supreme Court. The Court has scheduled …
A pattern with Wells Fargo that we have seen is that they make the representation that they are the holder of the note and the investor,which is a blatant lie in most cases. Then AFTER they get the order they want, they admit that through “inadvertence” they misrepresented the facts to the court. Then they …
Pro Se Litigant's Eloquence on MERS Split of Note and Mortgage Read More »
Lawsuits like this one have been on the rise as ever more mortgages default. It is no secret that the housing market boom fostered poorly underwritten mortgages, in which it was common that a borrower’s income was inflated or never documented. Insurers are denying the claims on many loans, asserting they are not liable to …
Mortgage Insurer Asks Court to Bless Claim Denials Read More »
In practice, this surfaces as a demand letter, affidavit or assignment or other document used by the pretender lender to establish its case. The path to defeat of the homeowner is paved when they fail to object to the introduction of these documents as anything other than an allegation that raises a question of fact. …
See AOSC09-54_Foreclosures. A good step in the right directions. I would add that you should be very careful that you don’t get trapped into the “lender narrative.” The Judges are going to very receptive and even enthusiastic about referring these cases to mediation, so don’t annoy them with motions, pleadings or hearings that attempt to …
Florida Orders All Homestead Property Foreclosures into Mediation Read More »
