Archive for 'Uncategorized' Category
JP Morgan Settles with Manhattan DA for "Hypothetical" Data reports and Fraudulent Lending Practices
Once consumers and homeowners get it out of their head that they were not paid as part of a loan transaction and instead they were paid for participating in an undisclosed securities scheme, they will easily see that the money paid to them, coupled with a promise to pay it back, was a ruse in […]
RESPA is a consumer protection statute that regulates the real estate settlement process, including loan servicing and assignments. 12 U.S.C. § 2601(a). In 2010, RESPA was amended pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010), which, among other things, added provisions governing the way […]
Any lawyer can win these cases by simply challenging the basic premises of the action, to wit: the existence, status, and ownership of the presumed loan account. there is no experience of default by any creditor. That means that the declaration of default is false. And that means that the conditions precedent to foreclosure are […]
A Sarasota Judgment That Shook the Foreclosure Machine A 2020 Sarasota, Florida judgment shows the deep gap between foreclosure fantasy and reality. The case: U.S. Bank, as Trustee for the LSF11 Master Participation Trust v. Cheri Melchione, Case No. 2011 CA 5724 NC (12th Circuit Court, Sarasota County, Florida). The plaintiff—LSF11 Master Participation Trust—was no […]
The bottom line and the importance of this analysis is that the basis for any claim in foreclosure is the enforcement of an unpaid debt and the proof of its existence and status, along with the proof of a default. You must understand that a default does not exist because of nonpayment nor because someone […]
Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays This may have been inadvertently published yesterday. The simple way to remember all this is that a business record must be a record of business actually conducted by the record keeper. Anything else is […]
Consider the recent success of Attorney Gary Dubin who just sent me a court order involving a California case he filed against the foreclosure and securitization players. He survived demurrer, received an order declaring the case to be “complex” and he successfully argued for a jury trial. * Here is his message: So far so […]
Anyone who reads my blog knows that I have repeatedly asserted one fundamental rule. If you are going to attack the basis of the claim against a homeowner, you need to start very early. If you don’t, both of the allegations and the implied allegations will become baked into the case. That will give rise […]
Reno, Nevada. In 2009, 16 banks hired 16 highly prominent law firms to take deposition testimony from an expert on the process of securitizing debt. He had been named as an expert witness in a class-action lawsuit against MERS (Mortgage Electronic Registration Systems, Inc., MERSCorp etc — actually three distinct entities, one of which, the […]
No default (no loss) means no claim. No claim means no remedy. intrepid souls are wandering into the weeds trying to find out what it means that PennyMac Mortgage Investment Trust (PMIT) is referred to as an approved issuer of “securities.” The short answer is that none of it is true. PMIT does not own […]
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