How to Reopen Discovery on a Dead Case: A Strategic Approach to Wrongful Foreclosure In the early days of the foreclosure crisis, as far back as 2008, lawyers representing homeowners were scoring victories against the banks, particularly for violations of the Real Estate Settlement Procedures Act (RESPA) and the Fair Debt Collection Practices Act (FDCPA). …
Have you been the victim of a wrongful foreclosure? Did it involve Deutsche Bank or Option One Mortgage Corporation later named Sand Canyon Corporation and later bought by Ocwen? Our legal team is reserching a possible wrongful foreclosure action against Ocwen. If you have been harmed by these entities you should contact our office by …
The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort …
Now that the courts are no longer in fear of precipitating an economic meltdown, it’s time to return to legal decisions instead of political decisions. The Hawaii Supreme Court has done just that in a common sense decision that sweeps aside most of the Wall Street arguments against allowing homeowners to raise the fraudulent foreclosure …
The story is basically the same. Hundreds of thousands of homeowners were told that in order to get refinancing or modification they needed to stop paying their monthly mortgage payments. This was a ruse. It was also practicing law without a license. It was a lie aimed at trapping homeowners into a position where they …
Banks and Servicers Really DO Tell Homeowners Not to Pay — To Trap Them Into Foreclosure Read More »
As I have been writing and talking about the forced judicial sales, my opinion has always been that in most cases there is an absence of evidence that the party making the credit bid was in fact the creditor thus entitled to make a “credit bid” at the auction. The credit bid is an allowance …
"Credit Bid" Comes Under Scrutiny in 9th Circuit Read More »
That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area …
Does Yvanova Provide a Back Door to Closed Cases? Read More »
For further information please call 954-495-9867 or 520-405-1688. This for general information only and NOT an opinion on your case. ================================ I was responding to a client about the goals in opposing the wrongful foreclosures. These are hard to write or say. It might seem to be a contradiction in terms to walk away with …
For further information please call 954-495-9867 or 520-405-1688 ============================ see Quiet title Wrongful foreclosure Punitive Damages Missouri judgment.1-26-15.pdf ocr Missouri had been impenetrable. Things change. This case finds that neither the GSE nor anyone else in the chain had the power to enforce the paper because they did not really have ownership of the loan, …
For further information please call 954-495-9867 or 520-405-1688 ============================== see Massachusetts Settlement: Fine PLUS Curing Title Defects Martha Coakley gets it. She is the attorney general of Massachusetts. And she alone has enforced the law the way it should be enforced. When a bank or anyone else files a fraudulent foreclosure action they should pay …
For more information please call 954-495-9867 or 520-405-1688 ============================= see https://fightforeclosuredotnet.wordpress.com/2013/12/12/what-homeowners-must-know-about-pleading-their-wrongful-foreclosure-cases-in-the-courts/ The above link provides some very good guidance about pleading wrongful foreclosure although it appears to relate more to non-judicial states than judicial states. Remember that pleading fraud not only requires specificity but must be proved. The fact that the foreclosure filing was wrong …
For further information please call 954-495-9867 or 520-405-1688 ====================================== The new settlement with New York’s Department of Financial Services calls for resignation of the Chairman (Erbey), payment of a $100 million fine, Payment of $50 million in restitution to borrowers who were wrongfully foreclosed, and a set of rules requiring Ocwen to help borrowers avoid …
Ocwen Settlement with NY AG Could Spell Doom for Servicers Read More »
WITHOUT CONFUSION AND OBFUSCATION, COMBINED WITH STONEWALLING, THERE WOULD BE NO FORECLOSURE OF ANY DEBT SUBJECT TO CLAIMS OF SECURITIZATION —- NEIL GARFIELD, WWW.LIVINGLIES.ME For further information please call 954-495-9867 and 520-405-1688 ————————————— Hat tip to Carol Molloy who sent me the affidavit See Reynaldo Reyes Affidavit New Jersey Union County 2010 CCF11162014 ————————————— Reynaldo …
Articles of Deception: PSA and Reynaldo Reyes Affidavit for Deutsch Bank as Trustee Read More »
Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN …
Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays GUEST TONIGHT: KENNETH HANKS, ESQ. TITLE EXPERT One might ask why a lender would delay the prosecution of their claim. The answer is that they wouldn’t delay if they thought they had a solid claim. I know. …
New Jersey Clears Docket: Dismisses 80,000+ cases Read More »
Jon Stewart committed his entire show to the mortgage crisis last Wednesday night. Go watch it. It wasn’t funny although they added some comedic aspects. The bottom line is the question “why aren’t these people in jail?” And the media was scorched with the fact that despite a constant culture of continuing corruption and absurd …
More Lawsuits, Still No Real Progress and No Coverage by Media Read More »
I have been receiving an increasing amount of mail and comments about whether foreclosure mills or foreclosure firms should be subject to bar discipline and whether they could be sued. The issue is complex. Here is my take—- If the lawyer is party to fabrication of documents, forgery, and subordination of perjury (knowingly proffering a …
Should Foreclosure Attorneys Like Stern Be Subject to Bar Complaints and Lawsuits? Read More »
As a California appellate court decision several years ago noted, “For homeowners struggling to avoid foreclosure, this dual tracking might go by another name: the double-cross.” – See more at: http://calcoastnews.com/2013/09/onewest-bank-pays-7-figures-mortgage-fraud-case/#sthash.xcKP1Tpl.dpuf As a California appellate court decision several years ago noted, “For homeowners struggling to avoid foreclosure, this dual tracking might go by another name: …
Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert Declaration. The only reason they are separate is that too many people only wanted or could only afford one or the other — all three should be purchased. The Combo is a road map for …
“The truth is that they stopped the review process and “Settled” because the regulators were under a mandate to protect the banks. They were finding far too many wrongful and illegal foreclosures. The investigator testified that the small sampling they used was not random but rather designed to show how few foreclosures were illegal. But …
Will the Findings from the Brief "Foreclosure Review" Process Be Released? Read More »
Mellon Bank v Shaffer Ohio Appeals Ct Says You can’t Fix Jurisdiction In a decision that is interesting from many points of view an Ohio appellate court ruled that you can’t fix jurisdiction by assigning the loan and recording the documents after the foreclosure suit is filed. This could have substantial effects on non-judicial states …
In a case that may have far-reaching consequences, a lawsuit was filed in federal court in Colorado accusing Bank of America of racketeering, which is what borrowers have been screaming about for years. It was a game to the bank. They intentionally lured people into what they thought was a good faith modification program, encouraged …
BOA, Urban Lending Sued for Rackateering on Fraudulent "Modification" Program Read More »
LAW FIRM OFFERS CONTINGENCY ON SOME CASES If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the …
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 …
Right of Redemption: Going After the Money Trail Read More »
