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For further information please call 954-495-9867 or 520-405-1688 ============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious. Scalia, writing for a UNANIMOUS court said that the statute means […]
For further information please call 954-495-9867 or 520-405-1688 ================================ It is no surprise that the Banks are attempting to use business records instead of live testimony from witnesses with personal knowledge. That testimony might be laced with perjury exposure for both the witness and the attorney who is the proponent of the witness. So they […]
For further information please call 954-495-9867 or 520-405-1688 ================================= IT ISN’T BOTCHED PAPERWORK. IT’S FAKE PAPERWORK It should come as no surprise that Judges have been confused since the dawning of the mortgage crisis launched by Wall Street. Wall Street was counting on it. And the problem they are having is that most courts, including […]
For more information please call 954-495-9867 or 520-405-1688 ============================= see https://fightforeclosuredotnet.wordpress.com/2013/12/12/what-homeowners-must-know-about-pleading-their-wrongful-foreclosure-cases-in-the-courts/ The above link provides some very good guidance about pleading wrongful foreclosure although it appears to relate more to non-judicial states than judicial states. Remember that pleading fraud not only requires specificity but must be proved. The fact that the foreclosure filing was wrong […]
Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays For assistance or information regarding your loan or foreclosure, collection attempts and other notices of delinquency, default or demands for payments, Attorneys and Borrowers may call 954-495-9867 or 520-405-1688. We provide expert witness consultation, testimony, reports […]
For further information please call 954-495-9867 or 520-405-1688 =============================== We have all seen it, heard and experienced it over and over again. In this case Wells Fargo offered a “temporary” modification, it was accepted and the trial payments were made. Wells Fargo said the modification offer and acceptance lacked consideration — the height of arrogance […]
For more information please call 954*495*9867 or 520-405-1688 ============================ I have long argued that TILA claims are not barred and that fraud claims based upon intentional withholding of information (required by the Truth in Lending Act) are also not barred by the statute of limitations UNTIL the claimant knew or should have known about the […]
For further information please call 954-495-9867 or 520-405-1688 ================================ see Article by Lane Powell PC Scott M. Edwards and Daniel A. Kittle I hate to be petty but if you look back to my articles in 2007-2008 you will see that I predicted that ultimately, the way this was done in practice (as opposed to […]
Two newly released Opinions have been posted to the Arizona Supreme Court Opinions webpage. Please click on the links below for access. Basically they say that the borrower and guarantor are entitled to credit for the actual fair market value — not the value of the bid or any other formula. This could change 1099 […]
I have written about it, but there is an article that succinctly makes the point. See http://www.jdsupra.com/legalnews/the-third-district-weighs-in-on-the-appl-27045/ My opinion is simple — keep things the way they were before this nonsense started. To lean toward the banks at this point adds insult to injury to the judicial system and the borrowers. Homeowners have been systematically […]
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