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“We are not sure how many human errors a company like Ocwen gets before a jury can reasonably infer a conscious disregard of a person’s rights, but we are certain Ocwen passed it,” Circuit Judge Amy St. Eve wrote, joined by Circuit Judges William Bauer and Michael Brennan. [e.s.] Editorial Note: Any lawyer who thinks […]
A new set of lawyers is coming into the marketplace and they smell blood. They are seeking guidance and they are up for making money and winning cases. Here is what I just wrote to one of them who is “boots on the ground” in California in a case in which I am the lead […]
The first order of business is to recognize two things — (1) that it is a stockbroker who is the actual party foreclosing the mortgage and (2) that the stockbroker is NOT seeking restitution for an unpaid debt — all of which means that it isn’t really a foreclosure. It is a scheme to generate […]
What changes do you think are necessary in the Federal Truth in Lending Act, FDCPA, RESPA and SEC regulations? Email your comments to neilfgarfield@hotmail.com see 501851_2018_Nationstar_Mortgage_L_v_Nationstar_Mortgage_L_EXHIBIT_S__17-1 I completely get how there is immunity for lawyers advocating even bad positions for their clients. Anything less would chill access to the courts. No arguments here. But when […]
The most important label used by stockbrokers (acting as “investment banks”) was to label a company as an “originator”. The term had no actual meaning. There were lenders who loaned money, and there were mortgage brokers who were paid to introduce a lender and a borrower. But what was an “originator”? The stockbrokers knew that […]
Just an observation based upon current information. MERS was acquired in 2008 by Intercontinental Exchange (ICE), a former Enron competitor. As its name implies (and the job listings for ICE) it operates in several continents. It controls most of the world’s futures and securities exchanges and clearing houses. According to filings by ICE, the acquisition […]
“Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes,” CFPB Director said in a statement. [Editor’s Note: When will the agencies address the elephant in the living room: Ocwen is not making mistakes. It is making facts that don’t exist […]
see https://www.fraudstoppers.org/wp-content/uploads/MERS-NATIONSBANK-SECURITY-AGREEMENT-assignment-tm-1773-0949.pdf So much for being an independent private title registry It’s all smoke and mirrors. And an interested reader and client sent me this: When I looked up the address on the MERS Registration Trademark that you posted today on your blog, it came up with a Virtual Office Location. What are the main […]
The problem that most pro se litigants and foreclosure defense lawyers have, as will be discussed in part on Thursday’s radio show with Patrick Giunta, is that most people fail to understand and therefore fail to plead and prove the nuanced difference between “the debt doesn’t exist” and “this foreclosure proceeding is a sham.” * […]
Message to Lawyers and Homeowners: If you think you can’t win, you are wrong. If you think you shouldn’t win, you are wrong. 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 One of the many things that irks me is how […]
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