As with all cases cited here, you should get on line and capture the pleading documents and other pertinent motions, discovery etc. It would help us and thousands of others, if you would send what you find to ngarfield@msn.com. LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL McKell v. Washington Mutual-Class Action Defense Cases: Defense Motion To Dismiss Class Action Improperly Granted […]

Tags: class action, federal preemption, foreclosure defense, fraud, HOLA, Regulation X, RESPA, TILA
Posted in bubble, Eviction, securities fraud |

Start with GARFIELD’S GLOSSARY ABOVE: HERE IS ARE SOME OF THE RECENT ADDITIONS TO THE GLOSSARY AND TACTICAL CONSIDERATIONS: Deed of Trust An instrument signed by a borrower, lender and trustee that conveys the legal title to real property as security for the repayment of a loan. The written instrument in place of mortgage in […]

Tags: ABS, DEED OF TRUST, default, due process, foreclosure, legal standing, lender, NON-JUDICIAL SALE, original note, REAL PARTY IN INTEREST, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

http://www.cnbc.com/id/15840232?video=774275233

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And now, because nobody stepped in before the flood began, a new industry is born — bigger than personal injury lawsuits — it the flood of claims under TILA, RESPA, RICO, Securities laws, common law fraud and state and federal laws concerning false and deceptive business practices. People will be rescinding or simply voiding their […]

Tags: AAA rating, foreclosure defense, mortgage meltdown, rescission, RESPA, RICO, securities, TILA, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

By Brad Keiser, 6-13-08 My friend Tom and I coach our daughter’s basketball team together. Tom is in the aviation fuel business but is a pretty innovative guy both in coaching and in business. He asked me the other day, “Brad, you are a former banker isn’t there some way for an opportunistic guy to […]

Tags: CD rates, foreclosure, home sales, Jim Cramer, lender, real estate investing
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The simple mortgage on a home had been broken into many pieces (tranches — See Special Purpose Vehicle (SPV)) each having characteristics of entities unto themselves. The term “borrower” was severed from the the obligation to pay. The term “lender” was severed from the risk of loss and the right to payment from the borrower. […]

Tags: civil procedure, DIRECTORS, discovery, ERRORS AND OMISSIONS, insurance, OFFICERS, risk of loss, SPV, tranches, underwriting
Posted in bubble, Corruption, Eviction, securities fraud |

it is a lesson again to practitioners like myself who were convinced there was no answer to the “final order” conundrum: No matter how crazy the tactic might sound, you’re only wrong if you lose. Appeal Your Own Victory? Yes, Indeed! By Wendell Sherk, Missouri Attorney on Jun 2, 2008 in Bankruptcy Cases of Interest,Bankruptcy Practice and Procedure, Chapter […]

Tags: appeal, Chapter 13, chapter 13 plan, foreclosure defense, foreclosure offense
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Remember that rescission doesn’t mean you give back the house. It doesn’t even mean you have to give back the money to the lender against whom you are rescinding — THAT obligation commences AFTER the lender admits to the rescission or it is otherwise decreed and then it is reduced by the refunds of points, […]

Tags: bankruptcy, CDO, CMO, EMERGENCY INJUNCTION, fiduciary duty, HELOC, legal standing, over-stated income, rescission, stated income loans, STOP FORECLOSURE, STOP SALE, TILA rescission, verification of income
Posted in bubble, Eviction |

The good news is that there are people out there who are looking to help you. The bad news is that most of them are not out to help you but rather to help themselves. Check references carefully. Beware of big promises and too little information. Foreclosure defense in the mortgage meltdown and credit crisis […]

Tags: ARIZONA, foreclosure defense, mortgage fraud, mortgage meltdown
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People ask me, will they really settle? Of course the question is from borrowers and they are asking if they can actually do something about the millions of foreclosures, default cases and upside down equity cases totaling more than 10 million homes in the U.S. alone. The answer is yes, especially now — because the […]

Tags: credit crisis, DEED IN LIEU, Fed, FINANCIAL MARKETS, foreclosure defense, FORECLOSURE SETTLEMENT, FOREIGN COLLATERAL, mortgage meltdown, short sales
Posted in bubble, Eviction |