Archive for 'Uncategorized' Category
See https://library.nclc.org/major-consumer-protections-announced-response-covid-19
Sure there are some judges that don’t care what evidence is before them and make decisions based upon their own political bias. But nearly all judges are NOT doing that when it relates to foreclosure. They are just following the rules. And homeowners who lose basically fall into one category: people who are unconvincing and […]
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays COVID-19 topics discussed on the Show today are as follows: – How states are issuing both in judicial and non-judicial foreclosure states foreclosure and eviction moratoriums of various kinds; – How borrowers […]
homeowners who win foreclosures are not getting a free house. they are settling for less than the amount due to them. Just so you know, there is actual and extensive case law on the constitutional requirement of actual damage to the party claiming any violation of law, contract or duty. In foreclosures the only damages […]
Finally! A court takes its time and analyzes the chain and discovers what? Insufficient proof of standing and ERROR on the part of the trial judge in preventing even a third party purchaser from introducing evidence that the endorsement of the note was a legal nullity. This is bad news for the foreclosure mills who […]
Foreclosures should happen because someone was financially injured by nonpayment — not because someone wants more profit. We are in an economic recession and this is going to affect most of the owners of property who have executed paperwork agreeing to pay back a loan — a loan that the funding source is receiving a […]
This is a public health emergency so the primary answer is obviously public health. If we don’t address that then we are not even treading water. We will drown. So the first money should go to every healthcare facility, service and worker we can find. * For better or worse we live in a consumer […]
Besides giving the obvious relief to many homeowners facing dispossession from their homes, this provides homeowners with a unique period of time in which they can prepare to confront the participants who are pursuing schemes of illegal foreclosures. While most foreclosures and evictions will be suspended don’t make the mistake of thinking they are cancelled. […]
The bottom line is that every decision regarding payoff, collection, forbearance and foreclosure must satisfy the conditions of the alleged REMIC securitization. The securitization is most often proffered in court in the form of a Pooling and Servicing Agreement (PSA) which in turn is supposed to have a Mortgage Loan Schedule (MLS) attached but the […]
It’s complicated. Giving the investors money was a pay down of the obligation owed by the investment Banks, not the Borrowers. It didn’t change anything in the trust. But that begs the real question. The trust never owned anything to begin with. The trust does not exist as a legal person under any law of […]
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