Here is a case in which the court ordered certain parties and witnesses and lawyers to show cause why they shouldn't be held in criminal contempt for lying to the court about the boarding process. I don't have time to do more than tell you to read it if your case involves DiTech, Greentree or Ocwen. Notable reference: more than…[...]
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The bottom line is that everything Taibbi suspected in 2008, everything he knew in his gut was just plain wrong, is only the tip of an iceberg that will continue to affect billions of people worldwide for generations to come. The simple truth, as Bernanke eventually conceded long after government policy had failed the nation and the world, is that…[...]
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Basic Black Letter law: A debt can only be transferred by the owner of the debt. The owner of the debt may use agents or intermediaries to accomplish the transfer of the debt. If an intermediary executes a document of transfer without reference and identification of the owner of the debt, the document has potentially fatal defects. Parole evidence may…[...]
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As Charles Marshall just quoted to me "it's always refreshing when you find a judge who follows the law." Chase can't say that the Trust owns the loan since 2006 and that the loan was owned by WAMU in 2008. It can't be both. And it can only be one allegation that survives --- the "first sale." Let us help…[...]
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The answer is yes but the movement of the debt is often, all too often, presumed to have occurred. After more than a decade of research and analysis I find no support for the informal "doctrine" that the debt, note and mortgage can be used interchangeably. But the human inclination is to treat them the same. In foreclosure defense it…[...]
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TONIGHT! Neil Garfield on the "FREE House" Myth and TILA Rescission — How to deal with bias from the bench.
Sep 13, 2018
Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Contrary to popular belief bias is neither grounds for recusal nor a basis for appeal in and of itself. But if you can show that the judge prejudged the case (i.e., made a decision before he/she heard any evidence, then you have some…[...]
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If you are dealing with a bias held by most judges the only effective way of dealing with it is to meet the challenge head-on. If you dance around it it looks like you are trying to "get off on a technicality." Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative:…[...]
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HAPPY NEW YEAR to readers who celebrate Rosh Hashanah! To all others, have a HAPPY DAY. This is a prescheduled article. ABOUT LIVINGLIES AND LENDINGLIES I have assembled a partial list of various possible claimants on the note and various possible claimants on the mortgage. Which one of these scenarios fits with your case? Once you review them you can…[...]
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Hat tip to anonymous tipster I have previously posted articles written by lawyers who researched and analyzed the TILA rescission statute 15 U.S.C. §1635 et seq. The bottom line is that they all have come to the same conclusions that I have after 12 years of study. The latest one brought to my attention was written probably before January, 2015,…[...]
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