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Posted by Nick Mermiges, Esq. MotionToStrikeAffirmativeDefenses Attorney Nick Mermiges (Miami, I think) has written an excellent article on motion practice which is very illuminating and extremely clear. In essence he has called out the bank lawyers who are filing motions to strike affirmative defenses and then using the law on summary judgment to argue their case. […]
For further information please call 954-495-9867 or 520-405-1688 ======================== see http://features.necir.org/pmi Insurers pay “losses” on mortgages and then pursue borrowers for recovery of payment A big area of confusion in the foreclosure cases is the impact of insurance claims and payments with respect to insured mortgages and insured mortgage bonds. So let’s start with the […]
For further information please call 954-495-9867 or 520-405-1688 ============================== TILA remedies and requirements actually address the “free house” complaint head on: If banks misbehave in material and important ways (as defined by statute and not in the minds of a judge or lawyer) then yes, the homeowner should get a free house. That is what […]
Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays DID YOU RESCIND?
For Further information please call 954-495-9867 or 520-405-1688 ================================= see Murray vs. HSBC – 4D13-4316 Having exhausted all possible explanations for the fraudulent behavior of the banks, the 4th DCA has now come to the conclusion that the reason for robo-signing, fabrication, backdating, forgery etc. is that there was no transaction underlying the paperwork that […]
For further information please call 954-495-9867 or 520-405-1688 ============================== see Massachusetts Settlement: Fine PLUS Curing Title Defects Martha Coakley gets it. She is the attorney general of Massachusetts. And she alone has enforced the law the way it should be enforced. When a bank or anyone else files a fraudulent foreclosure action they should pay […]
For more information please call 954-495-9867 or 520-405-1688 ========================= see http://www.foreclosuredefenseresourcecenter.com/top-f-foreclosure-defense-strategies-in-california/truth-in-lending-rescission/ I ran across an excellent article on rescission in mortgage cases that I think is a MUST READ for those who might be affected or entitled to use it. Check the link above. Make sure you check with a knowledgeable attorney licensed in the […]
For further information please call 954-495-9867 or 520-405-1688 =========================== see http://www.msfraud.org/law/lounge/mers-auroraslammed.pdf While there are a number of cases that discuss the role of Mortgage Electronic Registration Systems (MERS), this tells the story in the shortest amount of time. MERS was only a nominee to track the off-record claims from multiple parties participating in what we […]
Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays DID YOU RESCIND? YOU MIGHT STILL OWN THAT PROPERTY THAT YOU THOUGHT WAS FORECLOSED! The Federal Truth in Lending Act (TILA) has, from the time it was enacted, been the sole protection to consumers of increasingly […]
see also http://themreport.com/news/government/01-13-2015/california-moving-suspend-ocwens-mortgage-license Adam Levitin has definitely established himself as one of the more respected figures in analyzing and commenting on mortgage and foreclosure practices. In this article below, he reveals the fraudulent nature of even the most benign looking foreclosures. Various parties, including Ocwen which he cites in particular, regularly backdated denials of modification […]
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