The sooner everyone realizes that these foreclosures are merely schemes to generate revenue the closer we will come to justice. The fact that is that anyone who has paid value for the debt is getting paid pursuant to a third party agreement that has very little relationship with the performance or non performance of the borrower. Investors either get paid…[...]

Continue Reading

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 it is fairly easy to…[...]

Continue Reading

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 largest publicly traded company in…[...]

Continue Reading

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 all intents and purposes we…[...]

Continue Reading

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: (1) foreclosure is legally impossible…[...]

Continue Reading

Here is a powerful argument that SCOTUS acknowledged: nobody should benefit from their own fraudulent conduct. The FDCPA has a one year statute of limitations. And people have tried to litigate on the premise that the one year should run from the date of discovery not when the violation occurred. The courts have disagreed saying that if Congress wanted it…[...]

Continue Reading

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 between securities brokerage firms ("investment…[...]

Continue Reading

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. It is the investors and…[...]

Continue Reading

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 was a default and therefore…[...]

Continue Reading