By the time most lawyers are retained to represent a homeowner, the homeowner has already created damage. The lawyer’s task is magnified by the need to first perform damage control before asserting claims and defenses. The bottom line is that homeowners lack credibility when they assert defenses that conflict with their own behavior and their …
The full impact of this decision may not be known for years. But the immediate impact is that it gives homeowners a chance to move for remand back down to state court after attempted removal to Federal Court. Unless clarified later, which does not seem likely, this decision could mean that the Supreme Court of …
Nearly everyone is confused as to the identity of the real holder in due course, or the “creditor,” or the owner of the debt. Nearly everyone thinks that ultimate it is investors who purchased certificates. In fact there is no holder in due course and there never will be in most instances. There was never …
A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are …
Tolling the Statute of Limitations by Initiating Administrative Processes Read More »
Lecturing Courts on Their Duty to Comply with SCOTUS Decisions Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays While the Supreme Court of the United States (SCOTUS) unanimously (9-0) put to bed all of the arguments against the effectiveness of a notice of rescission under 15 …
Tonight! Open Rebellion By Inferior Courts Threatens Authority of SCOTUS! Read More »
50 years ago Congress decided to slap punitive measures on lenders who ignore or attempt to go around (table-funded loans) existing laws on required disclosures — instead of creating a super agency that would review every loan closing before it could be consummated. So it made the punishment so severe that only the stupidest lenders …
RESCISSION: It's time for another slap on the wrist for state and federal judges. Read More »
This decision could be a lot worse for the banks and servicers than it might appear. The Trustee for a valid REMIC trust that owns the debt (and doesn’t just control the paper) is clearly NOT a debt collector. But considering that no Trustee has EVER claimed to be a holder in due course and …
9th Circuit: Trustee is Not Debt Collector But Reverses Trial Court on Rescission Read More »
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 …
The Money Trail: Does anyone meet the definition of a creditor? Read More »
Jeff Barnes has put into words what I have been thinking about for several weeks. Barnes is a lawyer who has concentrated on foreclosure defense and has won many cases across the country. He is a good lawyer, which means that he understands how to get traction. So when he complains about Judges, people ought …
Federal and State Judges Think they Can Overrule the US Supreme Court Read More »
For more information please call 954-495-9867 or 520-405-1688. This is for general information only and contains my general opinions on the subject NOBODY should use this article as a substitute from advance from an attorney licensed in the jurisdiction in which the subject property is located. ========================= The Banks are at it again — using …
I have received a copy of the comments made at a very recent seminar for lawyers who represent the servicers, trustees and the alleged trusts. While they fail to commit to writing the issues regarding standing to challenge a rescission, the rest of it is pretty much spot on. Their message is that ignoring or …
Lawyers for Banks: Ignore Rescission at Your Peril Read More »
Our legal history has many examples of enormous errors committed by the Courts that were obvious to some but justified by many. The result is usually mayhem. The cause is a bias toward some underlying fact that was untrue at the time. Some examples include the infamous Dred Scott decision where the Supreme Court ruled …
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. =========================== LAWYERS AND …
QUOTE FROM SEMINAR: “The bottom Line: Until 3 years have elapsed, a mortgage is only as secure as the lender’s proof of compliance with TILA.” ========================== For more information please call 954-495-9867 or 520-405-1688 =========================== see tila-right-of-recission-041415 From one of my readers, I received the Power Point Presentation given by a law firm representing the …
Bank Lawyer's Seminar: Rescission Changes Everything Read More »
For more information please call 954-495-9867 or 520-405-1688 NOTE: There are strategic nuances here on when to do what. That is included in our rescission package. Some things are better left unsaid in a public forum. This is not an opinion of law upon which you should rely. You should find an attorney who has …
For more information on rescission, our rescission package or any other topic, please call 954-495-9867 nor 520-405-1688. =================================== Rescission enforcement actions are the next really big thing. Its effect is to immediately unencumber the property from any claims of lien or mortgage and any claim on the note which is void and must be returned …
Rescission enforcement actions are the next really big thing Read More »
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 »
If you read my blog for the last 3 weeks or so you should get a good idea of where I am coming from on this. If you still have questions or need assistance call me at 954-495-9867 or 520-405-1688. The basic thrust of my argument is that BOTH Congress and US Supreme Court agree …
For further information or assistance please call 954-495-9867 or 520-405-1688. We are starting a new pilot offering for those who are close readers of the blog. Call one of the numbers above and ask about our package of services relating to rescission either with respect to rescission letters previously sent or rescission letters that are …
Rescission Letter is Equivalent to Court Order Under TILA Read More »
For further information please call 954-495-9867 or 520-405-1688 ========================= It is becoming crystal clear that with help from a competent attorney the options under the TILA rescission process are (a) different from common law rescission and (b) very effective against “lenders” who can no longer hide behind “presumptions”. LIKE THE PRESUMPTIONS THAT HAVE BEEN STRICTLY …
TILA (NON-JUDICIAL AND JUDICIAL) Rescission Gets Clearer in Most Respects Read More »
For further information please call 954-495-9867 or 520-405-1688 Important Message: This blog should NEVER be used as a substitute for competent legal advice from an attorney licensed in the jurisdiction in which your property is located. =============================== see http://openjurist.org/784/f2d/910/king-v-state-of-california-d-m The most popular question I get here on the blog and on my radio show is …
Rescission: Equitable Tolling Extends Statute of Limitations Read More »
For further information please call 954-495-9867 or 520-405-1688 ================================== see At this point it is clear that the banks actually targeted people of color and other demographics where the likelihood of “default” on a loan was extraordinarily high. The ACLU in its latest report on the mortgage crisis proves this to any remaining doubters. This …
Reverse Redlining: Targeting the Poor and the Unsophisticated for High Risk Mortgages Read More »
For further information please call 954-495-9867 or 520-405-1688 ============================ Submitted from a person who is an anonymous source but who works deep inside an organization where the raw data is available and just to be clear —- I told you so: Bonding experience Subject: Bonding experience Sorry for the title line, low hanging fruit……Anyway, I …
Do you know where your loan payments are going? Bet you Don't! Read More »
Further information please call 954-495-9867 or 520-405-1688 No radio show tonight because of birthday celebration — I’m 68 and still doing this ============================== The enforcement of promissory notes lies within the context of the marketplace for currency and currency equivalents. The enforcement of mortgages on real property lies within the the context of the marketplace …
