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The reason why thousands of cases have been confidentially settled with satisfactions of mortgages, payment of attorney’s fees and damages is that the banks are willing to pay anything necessary to preserve the tree (certificates) and the branches (derivatives) and the leaves (minibonds and contracts like credit default swaps). The risk to the investment bank […]
While the two are often conflated there is a distinct difference between them. In an action to enforce the note it is often presumed that the note is being enforced to pay the debt to a creditor who might not even be identified. But the enforcement of the encumbrance requires actual ownership by an identified […]
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. and William Paatalo, P.I. Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight. Charles Marshall, Esq. and Bill Paatalo, P.I., discuss important new information on the existence of original promissory notes and how they are falsely presented in foreclosure cases. Don’t miss […]
Listen at http://www.blogtalkradio.com/neilgarfield/2019/03/21/holding-lawyers-and-banks-accountable-for-presenting-false-claims Hi Neil Garfield here and this is Thursday March 21st, 2019. Happy first day of Spring! Winning foreclosure cases. Sometimes it is the homeowner. Reminds me of the old story in Spain which I won’t repeat. If it’s the homeowner it’s only because the homeowner defended aggressively and the bank or servicer had nothing. And so, in a way this […]
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays In the Case of OBDUSKEY v. MCCARTHY & HOLTHUS LLP, decided yesterday, March 20, 2019, a unanimous but ambivalent Supreme Court of the United States decided that lawyers are not debt […]
While this case could have the effect of barring all those cases that are over 6 years old (NY Statute) where acceleration occurred, it does nothing in those jurisdictions like Florida that have twisted logic to create a virtual deceleration allowing the statute of limitations to continue running. The logic and precedent cited by this […]
The following article struck my attention because it is a nearly exact replica of false claims of securitization. Bottom Line: They can’t all own the cow. Anyone who understands securitization fail or false claims of securitization will see the parallels. Same Cows Sold to Multiple People CORSICA, S.D. — A report filed last week shows […]
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 Both lawyers and homeowners often ignore CHBOR and similar statutes in other states. Because borrowers who feel screwed by the banks are reluctant to pour good money after bad, they don’t pay to […]
Homeowners lose for many reasons, but the main one, if they defend at all, is that they mistake substantive law as the only thing that matters. If that were the case, any computer would make the decision in all cases. They don’t. DONATE to LivingLies Let us help you plan for trial and draft your […]
There is an excellent post by Michael B. Schwegler in Tennessee on the whole issue of whether the statute of limitations can be extended to the date that the breach of duty was discovered. Schwegler’s post clearly enunciates the position of the Supreme Court of Tennessee. In my opinion it also articulates the way that most courts […]
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