Tonight! How Homeowners Win Foreclosure Cases: Procedure v Substantive Law — Use It or Lose It.
Sep 12, 2019
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 The difference between winning and losing is whether you are using procedural law to your advantage or you naively enter the courtroom believing that a substantive law will save you. Spoiler alert #1: The substantive law is irrelevant…[...]
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I have recently received reminders of the people who died and the criminal investigations that were gutted despite the obvious evidence of the largest economic crime in human history. I pass this on as a reminder that the fraud continues and as a caution to those who think that the worst has happened. They got away with it. The worst…[...]
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Want to know why this site is called LivingLies? Read on Homeowners often challenged the authority of the named claimant while skipping over the actual party who is supporting the claim --- the alleged servicer. You might also want to challenge or at least question their authority to be a servicer. The fact that someone appointed them to be a servicer does not make…[...]
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Improperly Named Trustee on Deed of Trust Can be Liable for Actions on Behalf of Non-Beneficary
Sep 9, 2019
Hat tip to Scott Staffne see Washington_Court_grants_summary_judgment ======================================= GET FREE HELP: Just click here and submit the confidential, free, no obligation, private REGISTRATION FORM. The key to victory lies in understanding your own case. Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 954-451-1230. Ask for a Consult or check us out on www.lendinglies.com. Order…[...]
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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 across the country have been…[...]
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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 bidding process takes the deed…[...]
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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 promote the informed use of…[...]
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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 this section, in the case…[...]
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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 the official books for such…[...]
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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 be taken to the cleaners…[...]
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