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TILA

RESCISSION HEATS UP AS BORROWERS HEAD BACK TO COURT TO USE SUPREME COURT REVERSAL

26 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 ============================== For lawyers only: Many homeowners are going back and digging up their notices of rescission. There are cases in state court, federal court and bankruptcy court that could be and probably are effected by the US Supreme Court decision that made it clear that TILA rescission …

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Rescission: Shifting the Burden of Proof

14 Comments / foreclosure / By

For more information please call 954-495-9867 or 520-405-1688 ========================= see http://www.foreclosuredefenseresourcecenter.com/top-f-foreclosure-defense-strategies-in-california/truth-in-lending-rescission/ I ran across an excellent article on rescission in mortgage cases that I think is a MUST READ for those who might be affected or entitled to use it. Check the link above. Make sure you check with a knowledgeable attorney licensed in the …

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UNANIMOUS SCOTUS: TILA Rescission Effective on Notice: No Borrower Lawsuit Required

19 Comments / foreclosure / By

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============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious.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 …

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JDSupra: It isn't the crime — it is the cover up

17 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 ============================== Bryan G. Scott has written an excellent article that should be read in its entirety at http://www.jdsupra.com/legalnews/its-not-the-crime-its-the-cover-up-e-39616/ This article runs to the heart of the mortgage mess, the cover-up and the potential impact on past, present and future foreclosures in the application of statutes of limitation …

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The Truth is Coming Out: More Questions About Loan Origination, Debt, Note, Mortgage and Foreclosure

33 Comments / foreclosure / By

For further assistance please call 954-495-9867 or 520-405-1688 ———————————— Carol Molloy, Esq., one of our preferred attorneys is now taking on new cases for litigation support only. This means that if you have an attorney in the jurisdiction in which your property is located, then Carol can serve in a support role framing pleadings, motions …

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Who Has the Power to Execute a Satisfaction and Release of Mortgage?

77 Comments / AMGAR, Corruption, evidence, expert witness, 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

 The answer to that question is that probably nobody has the right to execute a satisfaction of mortgage. That is why the mortgage deed needs to be nullified. In the typical situation the money was taken from investors and instead of using it to fund the REMIC trust, the broker-dealer used it as their own …

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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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ATTENTION LAWYERS: ARE SERVICER ADVANCES ARGUABLY A NOVATION

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

Where “servicer” advances to the trust beneficiaries are present, it explains the rush to foreclosure completely. It is not until the foreclosure is complete that the payor of the “servicer” advances can stop paying. Thus the obfuscation in the discovery process by servicers in foreclosure litigation is also completely explained. Further this would open the …

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BAD FAITH: Shack Decision Unravels the Chase-Wamu Mystery -At least in Part

28 Comments / CASES, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure mill, GTC | Honor, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, trustee / By

Shack Blasts Chase, Fannie Mae for Bad Faith on Wamu Merger It is obvious that documents were produced for Shack to issue these rulings. The affidavits to which he refers should be obtained in their entirety. There is lots to take away from this decision, but most important, is that Chase never acquired the loans …

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Countrywide Found Guilty of Fraud, JPM Criminal Responsibility for Madoff PONZI Scheme

65 Comments / bubble, CASES, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure mill, GARFIELD GWALTNEY KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Motions, Occupy Movement, Pleading, securities fraud, Servicer, Statutes, trustee / By

““The words PONZI SCHEME and FRAUD applied to the mortgage meltdown has been largely dismissed by policy makers, law enforcement and regulators. Instead we heard the terms RISKY BEHAVIOR and RECKLESSNESS. Now law enforcement has finally completed its investigation and determined that those who set the tone and culture of Wall Street were deeply involved …

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Only $4 Billion of JPM $13 Billion Settlement Goes for "Consumer Relief"

8 Comments / Corruption, evidence, expert witness, GARFIELD GWALTNEY KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes / By

For assistance in understanding the content of this article and purchasing services that provide information for attorneys and homeowners see www.livingliesstore.com. Josh Arnold has written an interesting article that reveals both realities and misconceptions arising from gross misconceptions. His misperceptions arise primarily from two factors. First he either ignores the fact that JPM was integrally …

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Rescission Returns in 3rd Circuit Opinion

15 Comments / AMGAR, CASES, Corruption, evidence, expert witness, foreclosure, foreclosure mill, GARFIELD GWALTNEY KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer / By

Forbes has taken notice. There is a shift toward borrowers in mortgage litigation. The decision points back to the origination of the loan. This decision follows a similar decision in the 4th circuit. It all comes down to what actually happened at closing? And we don’t actually know if the decision to allow rescission indefinitely …

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How Do I Use an Expert Declaration?

42 Comments / AMGAR, CDO, Corruption, Eviction, evidence, expert witness, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, Servicer / By

With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated …

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Wells Fargo Wrongful Foreclosure Kills Elderly Homeowner?

91 Comments / Corruption, Eviction, expert witness, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

see https://livinglies.me/2013/04/29/hawaii-federal-district-court-applies-rules-of-evidence-bonymellon-us-bank-jp-morgan-chase-failed-to-prove-sale-of-note/ “The administrator of the estate of Larry Delassus sued Wells Fargo, Wachovia Bank, First American Corp. and others in Superior Court, for wrongful death, elder abuse, breach of contract and other charges. Delassus died at 62 of heart disease after Wells Fargo mistakenly held him liable for his neighbor’s property taxes, doubled his …

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Follow the Money Trail: It's the blueprint for your case

144 Comments / alternative medicine, AMERICAN HOMEOWNERS COOPERATIVE, AMGAR, ATM, bubble, CDO, Corruption, currency, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to …

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Banking Shaping American Minds

22 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

“I wish someone would give me one shred of neutral evidence that financial innovation has led to economic growth — one shred of evidence.” — Paul Volcker, former Fed Chairman, 2009 “We have allowed the borrower to get raped and then we have gone to the rapist for a course on sex education. Thus the …

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9th Circuit Circular Logic: Medrano v Flagstar

40 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

CHECK OUT OUR 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, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s …

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The Truth About TILA

18 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

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, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). “Victims can receive up to $125,000 …

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Appraisal Fraud and Facts: Essential to Securitization Scam

46 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

The REMICS are mirror images of the NINJA loans — no income, no assets, no job the borrower did not realize that the false appraisal and other deficiencies in underwriting had shifted the risk of loss to the homeowner and the investors Editor’s Notes: Our economy and the economic structure in other countries is stuck …

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Deny and Discover Strategy Working

39 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

For representation in South Florida, where I am both licensed and familiar with the courts and Judges, call 520-405-1688. If you live in another state we provide direct support to attorneys. call the same number. Having watched botched cases work their way to losing conclusions and knowing there is a better way, I have been …

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Underwater homes under 40 and over 55 still in dire straights

176 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Obama response unclear. He keeps saying that the  object here is not to include “undeserving” borrowers who are just trying to get out of a bad deal a deal that went bad or whose eyes were bigger than their pocket book. As long as he keeps saying that he is missing the whole point. This …

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White Paper: Many Causes of Foreclosure Crisis

23 Comments / foreclosure / By

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …

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How Did H & R Block Get into the Subprime Mortgage Business?

26 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Tax Preparer Slammed with $24 Million in Fines on Toxic Mortgages Editor’s Comment:  You really have to think about some of these stories and what they mean.  1. Where is the synergy in a merger between Option One and H&R …

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Using UDCPA Fair Debt Collection Acts to get Money, Information and Fees

19 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT RIPE AREA FOR STEADY INCOME FOR LAWYERS REPRESENTING HOMEOWNERS Editor’s Comment: One small step for a man, one giant leap for mankind. You have both a private right of action against the debt collector and the right to apply to the FTC to …

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