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Foreclosure law exists in its own separate universe. Ordinarily the final administrative finding that there were deficiencies in servicing and foreclosure processing would create, at a minimum, a presumption that these institutions could not be trusted to provide accurate information about the simple things like the identity of the creditor, the proper Plaintiff or beneficiary, […]
Thursdays LIVE! Click in to the The West Coast Radio Show with Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Attorney Charles Marshall and Investigator Bill Paatalo will examine the indorsement of notes in non-judicial foreclosures. Judges are increasingly discounting fraudulent endorsement that appear out of nowhere, seemingly to “perfect” the right […]
One who comes into equity must come with clean hands else all relief will be denied him regardless of merit of his claim and is not essential that act be a crime; it is enough that it be condemned by honest and reasonable men” Roberts v Roberts, 84 So.2d 717 (Fla. 1956) By Joel Sucher, […]
http://www.mondovisione.com/media-and-resources/news/federal-reserve-board-announces-termination-of-enforcement-actions-against-10-ba/ The Federal Reserve is wrapping up its ineffective sanctions against the five U.S. banks who were accused of improper handling of post-crisis mortgage foreclosures. On Friday, the Federal Reserve Board announced another $35.1 million in civil penalties against five banks as part of its effort to terminate enforcement actions, issued in 2011 and 2012, […]
Banks have the money and therefore stand closest to the microphone of media. For every report that foreclosures are continuing or rising in number there are 20 reports that the foreclosure crisis is over. This report shows that in New York City foreclosure continue at the same rate as the 2008 recession. The press has […]
Adding to the split of authority among California’s various state and federal appellate courts, the Third Appellate District ruled that a loan servicer may owe a duty of care to a borrower through application of the “Biakanja” factors, even though its involvement in the loan does not exceed its servicing duties. Thus, the Third District […]
Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Neil Garfield will discuss the difference between Information and Evidence as a preview to the upcoming Evidence seminar to be held February 2, 2018 at 1pm (look for an upcoming announcement). Anyone who is litigating a […]
Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays MAIN NUMBER: 202-838-NEIL (6345). In this episode, Investigator Bill Paatalo questions a declaration that was submitted in a Washington case in which he has been consulting. Scott Aronowitz executes as a “Litigation specialist” for Selene […]
If the actual facts fail to show ownership of the debt, then paper instruments indicating transfer of a mortgage (or a note) are just that: paper. If what is written on paper conflicts with the facts then the actual facts take precedence. In no case that I have reviewed (among thousands) has there ever been […]
A group of plaintiffs in Utah, with the help of some US Senators, have put the executive in a jam. By David Dayen, The Nation Late last year, Congress scrapped Obama-era rules from the Consumer Financial Protection Bureau that would have banned forced arbitration clauses in financial contracts. This bill, which President Trump quickly signed, […]
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