"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 these cases cannot be won…[...]

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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 "Consultant". I would only add…[...]

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Most of the questions I get come from lawyers and homeowners who are totally confused by the array of names of companies that appear, disappeared and replaced by lawyers operating under instructions from command central --- a group of lawyers who oversee the foreclosures of loans claimed to be securitized. They are the ones who give the orders to "servicers"…[...]

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Tags: Bank of America, BoNY-MELLON, certificate holders, HSBC, investors, shell game, U.S. Bank
Posted in evidence, Fabrication of documents |

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 revenue because the investors, who…[...]

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 “failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.” the Notice of Default stated that “[t]o avoid the possibility of acceleration,” Defendants were required to make certain payments by a specific time, or…[...]

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Tags: acceleration, declaration of default, decleration, statute of limitations
Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

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 you read the above linked…[...]

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The bottom line is that Chapter 7, 11, or 13 bankruptcy can be effective tolls in defending against unlawful foreclosures, but hey are not magic bullets. Like all legal procedures attempting to navigate them without a licensed legal professional who is a known quantity in Bankruptcy Court, is at the very least hazardous. ===================================== GET FREE HELP: Just click here…[...]

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Posted in evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

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 if a term had no…[...]

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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 of MERS would have no…[...]

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"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 in the real world. Why?…[...]

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