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 […]

Tags: AG Complaints, CFPB Complaint, FDCPA, realignment of parties, recoupment, RESPA, TILA, unconstitutional application of statute
Posted in evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading |

hat tip Bill Paatalo You can’t pick up one end of the stick without picking up the other end as well. Or, if you like, you can’t eat your cake and still have it. Banks used third party intermediaries all the time, and in non-mortgage loans they are considered as the real lender for purposes […]

Tags: CERTIFICATES, FDIC, funding, third parties, true lender
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Modification, Servicer |

Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an […]

Tags: agency, agent, MERS, naked nominee, Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays   One of the things that irritates most homeowners and lawyers for foreclosure defense is how “evidence” is admitted that “proves” a fact that doesn’t exist. One of the tools for doing that […]

Tags: credibility, judicial notice
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

Hat tip Michael Bazemore It’s not easy to see but if you look at the court docket after a ruling against the parties designated as “foreclosing parties” you can see that these cases are often dismissed with reference to an agreement or settlement between the parties. The typical pleading asking the court to dismiss the […]

Tags: mortgage settlements
Posted in Corruption, Fabrication of documents, foreclosure defenses, legal standing, Servicer |

Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website. see Summary Judgment for Homeowner – Don’t give Up For those of you in foreclosure who may wonder if you have any rights, the answer is yes, you do! I recently won a summary judgment against a foreclosing bank […]

Tags: "modification" agreement, assignment of mortgage
Posted in evidence, foreclosure defenses, legal standing, Modification, Pleading |

I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing continued to violate the law of the land enunciated by the Supreme Court of the United […]

Tags: Bank of America, Hoang, jesinoski, SCOTUS
Posted in evidence, foreclosure defenses, legal standing, Pleading |

Two days ago in the case of Obudskey v McCarthy and Holthus LLP the  Supreme Court of the United States (SCOTUS) heard oral argument on issues relating to the application of the Federal Debt Collection Procedures Act (FDCPA). The argument for including the law firm pursuing foreclosure was presented by DANIEL L. GEYSER, Esq. in […]

Tags: Daniel L Geyser, Debt Collectors, FDCPA, McCarthy and Holthus, SCOTUS
Posted in Corruption, foreclosure defenses, foreclosure mill, legal standing, Servicer |

For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence. The situation worsened when Florida and courts in other states turned […]

Tags: Article 3 UCC, attorney fees for homeowners, extrinsic evidence, Fla Supreme Court, glass v nationstar, Ivanova, negotiability, parole evidence
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, legal standing, Pleading, Servicer |

I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center. I think a problem with TILA Rescission is that not even borrowers understand that the rescission issue is over. By asking a […]

Tags: debt, DEED OF TRUST, jurisdiction, Mortgage, note, TILA rescission
Posted in Corruption, foreclosure defenses, legal standing, Pleading |