Archive for 'Modification' Category
Homeowners in trouble often feel forced into a corner: either try a loan modification or let the bank take the home. But these two paths couldn’t be more different. This post is designed to help you understand your options and the importance of available defenses to stop foreclosure and save your home. Still, the right […]
since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. […]
The Fiction of “Prior Lender” Payments In nearly all cases, the money supposedly paid to a “prior lender” during refinancing—or even purchase money mortgages—is entirely or mostly fictional. This is true so long as the same underlying investment bank is behind both the buyer and seller, or both the new lender and the old lender. […]
In a dispute between the attorney for the homeowner and the attorney for the alleged “lender”, there are a number of devices that are nearly universally applied across the country in order to ridicule and defeat the homeowner. The more you are aware of them, the better you will be prepared to deal with them. […]
So a friend of mine left her phone in my car. Here is what I wrote to her: Thank you for leaving your phone in my possession, which as you know is 9/10s of the law. That means that even though you paid for it and you received ownership from the seller, I can now […]
Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers. Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] […]
People keep getting letters and they tend to treat the information as real simply because it is in writing. That is the nub of the Wall Street scheme — send out written communication and documents without regard to the truth and people will assume that the document or letter would not have been sent if […]
The application for modification licenses New Rez aka PHH aka Ocwen to sell, distribute the personal data and transaction data to third parties. Besides the obvious problems with data privacy, this confirms the apparent voluntary participation of the homeowner in a securities scheme that was and still is concealed from the homeowner. By filing the […]
The new president is facing incoming fire from all directions. If he does not extend the moratorium on foreclosures and evictions, hundreds of thousands of people are going to be homeless. But the extension does not come without costs. https://www.marketplace.org/2021/01/25/biden-acts-on-evictions-foreclosures-but-long-term-housing-crisis-looms/ See also https://www.prnewswire.com/news-releases/black-knights-first-look-2020-ends-with-1-7-million-more-seriously-delinquent-homeowners-than-at-start-of-year-foreclosures-at-record-low-301211915.html * As you have seen on these pages, I am quite confident […]
Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays SHARE THIS POST WITH LAWYERS YOU KNOW!!! This show is devoted to convincing the lawyers who will listen that they are missing out on something very profitable and important. Representing homeowners faced […]


