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For more information please call 520-405-1688 or 954-495-9867 This is for general information only and is not a substitute for legal advice. ================================== I had occasion to respond to some people who are still confused about rescission. My answer is that it is too simple to fathom because this is exactly what Congress wanted to […]
Hat tip to Patrick Giunta, Esq. for sending me this article. Very interesting that it was written in 2011. ANALYSIS: It seems fair to say that the Courts are not willing to find a contractual obligation exists under State Law until a true and actual lender is identified. “Pretender lenders” – as Neil Garfield calls […]
A quick note on the subject of criminal prosecution of bankers. The excuse is the four dog defense. As a refresher, the first part is “I don’t have a dog.” In the case of the mortgage crisis, it started with the banks claiming that trusts, derivatives, mortgage backed securities had nothing to do with the […]
I have received a copy of the comments made at a very recent seminar for lawyers who represent the servicers, trustees and the alleged trusts. While they fail to commit to writing the issues regarding standing to challenge a rescission, the rest of it is pretty much spot on. Their message is that ignoring or […]
So far I have crashed and burned with trying to get a national or even regional group to meet regularly. The need is there but everyone is expecting me to do it. I don’t have enough time in the day to do what I’m doing, so I can help, I can promote, but I can’t […]
For further information please call 954-495-9867 or 520-405-1688 This is not a legal opinion on any case. Consult with an attorney. ============================= see Rodriguez v. Wells Fargo “The core element concerning to whom the note was payable on the date suit was filed was not proven.” Bottom Line: You can’t file a lawsuit without standing. […]
For More information please call 954-495-9867 or 520-405-1688 This is not a legal opinion on any one case. Consult with an attorney before taking any action or making any decisions. ================================= see http://www.newyorklawjournal.com/id=1202739700342/The-Most-Significant-Title-and-Foreclosure-Cases-of-2015?cmp=share_email In an interesting decision a New York State Court put to rest a misconception about the statute of limitations. It could have […]
Eric Mains, former FDIC Auditor who quit to defend his home and go after the banks for the “culpable” actions has filed a brief worth reading. Anyone following this blog should read it carefully. The banks use the Rooker Feldman doctrine, res judicata, collateral estoppel and a variety of other devices to convince judges that […]
Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 32,000 people listen to the Neil Garfield Show. Maybe you should too. =============================== Edstrom, Macklin and Marshall rejoin me on the show tonight to talk about one particular subject — explaining why “servicers” undermine […]
For more Information about Rescission or Foreclosure Defense Strategies please call 954-495-9867 or 520-405-1688 This article is NOT a legal opinion that can be used for any one case. It is for general information only. Decisions and actions should be taken ONLY after consultation with an attorney licensed in the jurisdiction in which the property […]
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