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It’s appealing in theory but not very productive. Once upon a time cancellation or reformation of an instrument was at least somewhat possible. today the courts are not open to that approach. But that might be because it has not been presented properly. If you do get an order cancelling an instrument and it is recorded […]
JPMorgan Chase, the largest bank in the world, made $36.4 billion in 2019. That was the highest profit of any bank in world history. The news, reported Tuesday, sent the company’s stock up by 2 percent. In the fourth quarter of 2019, the company took in $8.5 billion, also a record, making it the tenth […]
As I have previously stated the alleged merger of Bank of America with Countrywide is by no means a foregone conclusion, although lawyers invoke the merger as the basis for ownership and authority over loans. As between insurance companies and Bank of America the merger is referred to as de facto, which means that for […]
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall, Esq. Or call in at (347) 850-1260, 6pm Eastern Thursdays Foreclosure defense is getting more refined as an increasing number of lawyers and litigants are piecing together the true nature and deficiencies of securitization under current well-settled law. Two facts remain in conflict: […]
MAYBE IT’S TIME TO SUE THE INVESTMENT BANKS The 2017 Vanity Fair article zooms in on the $13 billion settlement between the government and Chase and subsequent settlements that were strictly based upon keeping the details of fraudulent schemes out of the public domain. But some of those details leaked out anyway. To date settlements […]
Hidden far away from public view and mainstream media is an enormous fight over who should suffer what loss over the labyrinth of defaults in the “mortgage bonds” also known as “mortgage backed certificates.” Within this fight it is clear that current law is simply nonexistent and ineffectual in achieving a legal or just result. […]
This is where you start, subject to opinion of licensed local counsel. * Let me first stop you from referring to your nonpayment as a default. It is not a default if you stopped making payments to someone who lacked any authority to collect them. By saying you “defaulted” you are inadvertently admitting that it […]
There is a shroud of mystery around the entire role of the FHA. Its purpose is to guarantee loans, which was expanded to buy loans. It was never a lender. But the process of buying loans was just as complicated as everything else where securitization of debt is claimed. In most cases it “bought” loans […]
Picking the labels apart PLAINTIFF THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays How do you lose a […]
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