Archive for 'foreclosure defenses' Category
Once a trial has been conducted, there can never be another trial with the same parties disputing the same facts and issues. The only exception is a court order vacating the judgment AND ordering further proceedings to determine all or some of the facts. The bottom line is that the rules permitting the filing of […]
Hawaii Supreme Court Restores Balance in Foreclosure Cases Now that courts are less fearful of triggering an economic meltdown, judges are returning to legal decisions instead of political ones. The Hawaii Supreme Court has taken a major step in that direction with a landmark ruling reaffirming long-standing civil procedure principles and giving homeowners a fairer […]
The Common Misconception About Notes and Debt For most people—including lawyers and judges—the concept of endorsing a promissory note and delivering the “original” means only one thing: The note is evidence of the debt. Under the merger doctrine, the transfer of the note equals transfer of the debt. Therefore, the transferee “owns” the debt. Banks […]
I know I am going to take some heat for what I am about to say. In my opinion “getting it on the record” is an excuse for losing and implies that the judge’s decision was wrong and can be appealed when in fact the judge’s decision was correct and will be easily affirmed on […]
The five largest U.S. banks have a combined loan portfolio of almost $3.8 trillion, which represents 40% of the total loans handed out by all U.S. commercial banks. See Forbes: $3.8 Trillion in Portfolio Loans I can spot around $300 billion that isn’t real. Let us help you plan your foreclosure defense strategy, discovery requests and […]
How to Withhold Vital Information from Homeowners Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the Government Sponsored Entities (GSEs) banks, the courts and the regulators in allowing “presumptions” to be used […]
Thanks to Investigator Bill Paatalo for bringing this class action to our attention. ATTENTION! IF YOU WERE WRONGLY DENIED OR DELAYED FOR MODIFICATION OF YOUR MORTGAGE PAYMENTS, YOU MAY BE ENTITLED TO SUBSTANTIAL COMPENSATION. CONTACT US NOW TO RECEIVE A FREE EVALUATION. Background: The HAMP Program The U.S. Government launched the Home Affordable Modification Program […]
Probably the main fallacy of the people who say that TILA Rescission is not possible or viable is that they project the outcome of a lawsuit to vacate rescission. Based upon their conjecture, they assume that Rescission is no more than a technicality. Congress, and SCOTUS beg to differ. It was enacted into law 50 […]
The continuing bias in favor of the banks’ fraudulent scheme of mortgages and foreclosures gives rise now to a nutty theory. The logic seems so obvious to the courts and yet it is erroneous. In a nutshell the theory goes, if a homeowner eventually proves that the parties attempting to foreclose have nothing to do […]
Want to know how they popped up with an “original” note that looked like the original? “Our machines have been in government installations worldwide for over 60 years. The Ghostwriter T550 has been a popular machine. It offers the ability to sign signatures or short phrases on letters, awards, forms, and other correspondence. You are […]
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