Archive for 'Uncategorized' Category
Yes, you can use discovery to win the case before it gets to trial. No, that won’t happen just because you asked. You must follow the rules of civil procedure for that to happen. And like everything that happens in court there are no guarantees that even the best played hand will win. Many cases […]
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Once the sale has occurred, the trustee on the deed of trust issues a deed to either the party who initiated the foreclosure process or to a third party bidder. Then the “winner” of the […]
The Compounding Effects of Void Court Decisions That Are Contrary to Timely TILA Rescissions Sent Pursuant to 15 U.S.C. §1635 and 12 C.F.R. §226.23 Please send comments and suggestions to neilfgarfield@hotmail.com. =================================== In 1968 the Federal Truth In Lending Act was enacted and signed into law in order to establish enforceable laws and regulations to […]
TILA Rescission is the law of the land. It is governed by Federal Statute 15 USC §1635 and Federal Regulation (12 CFR § 226.23) each of which have preemptive rights over state law. Federal Statute: 15 U.S. Code § 1635. Right of rescission as to certain transactions (a)Disclosure of obligor’s right to rescind Except as otherwise provided in […]
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 Going back to even 2011 and before, approximately half of the mortgages owned or guaranteed by Fannie Mae were registered in the Mortgage Electronic Registration Systems (MERS). And the loan value on […]
While most people didn’t notice, all of Wall Street took notice when the New York Governor signed into law a bill that extends the right of the state attorney general to investigate financial crimes and bring actions for equitable relief and damages. Investment bankers may not be going to jail but they are about to […]
Hat tip: Bill Paatalo Everyone in law enforcement knows that if you can get suspect to say something he thinks will help him, you have the beginning of a confession or at least an admission against interest. That is why criminal defense lawyers tell their clients to shut up and stay shut up. Here is […]
Program note: The Neil Garfield Show will not air tonight due to personal and professional time conflicts. As we all continue to fight what we know are wrongful foreclosures we struggle with how to reveal that to a judge in a way that is so compelling that even the most bank biased judge will feel […]
The appellate court does not review for purposes of figuring out whether an alternative decision would have been better. They review strictly for the purpose of deciding whether there was any legal basis supporting the judge’s decision. If the answer is yes the decision is affirmed. If the answer is no, then the decision is […]
One of the things tying the SEC and the IRS in knots is that the securitization scheme was a scam that is now institutionalized. The Certificates pr “bonds” are not mortgage backed and that means the so-called REMIC trusts are not REMICs. In answer to a question addressed to Bill Paatalo and myself about that […]
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