"The jury, after deliberating for approximately 7 hours, determined that Ocwen breached its contract, violated RESPA for failing to adequately respond to Saccameno's Qualified Written Request, violated the FDCPA and committed both unfair and deceptive acts in violation of the Illinois Consumer Fraud Act.  Monette Saccameno was awarded $500,000.00 in compensatory damages, $70,000.00 in non-economic damages, $12,000.00 in economic damages and $3,000,000.00 in punitive damages. Nicholas Heath Wooten, Esq., Ross…[...]

Continue Reading

Tags: bankruptcy, breach of contract, FDCPA, Illinois Consumer Fraud Act, Ocwen, RESPA 6, TRUTH, US BANK
Posted in Corruption, Fabrication of documents, Motions, Servicer |

The trial court erred (i.e., it was wrong) when it accepted unfounded hearsay testimony over Defendant's timely objections. Kudos to Mark Stopa, Esq. Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a lot easier on us and yourself if you fill out the…[...]

Continue Reading

Tags: DiTech, Everhome, rebuttable presumptions, TRUTH
Posted in evidence, Pleading |

How to Withhold Vital Information from Homeowners Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the Government Sponsored Entities (GSEs) banks, the courts and the regulators in allowing “presumptions” to be used even when the actual facts…[...]

Continue Reading

Tags: Fannie, Freddie, GSE
Posted in evidence, expert witness, Fabrication of documents, foreclosure defenses, Pleading |

The following is but a short sampling supporting the argument that any document coming from the banks and servicers is suspect and unworthy of any legal presumption of authenticity or validity. Judges are looking into self-serving fabricated documentation and coming to the wrong conclusion about the facts. Chase following bank playbook: screw the customer “Chase provided no prior notice to…[...]

Continue Reading

Tags: Barclays, Chase Bank, DEUTSCHE BANK, Fannie MAe, Freddie Mac, JPMorgan Chase, Ocwen, SPS, Truth in Lending Act, Wells Fargo Bank
Posted in Corruption |

In the final analysis, the only way to smoke out the banks on their fraudulent claims as "creditors" or "agents of creditors" is to create a situation where the creditor must be disclosed. In those cases where judges have ruled in discovery or ruled on the right to prepay, subject to identification of the creditor, the cases have all settled…[...]

Continue Reading

Posted in Corruption, discovery, evidence, Fabrication of documents |

It's been the bane of existence for foreclosure defense lawyers. They are presented with affidavits or declarations in which the matters that are asserted are not based on personal knowledge and are hearsay that should be excluded from any evidence considered by the court. These documents are most often offered in motions for summary judgment that are in reality tactical…[...]

Continue Reading

Posted in Uncategorized |

RATIFICATION OF VOID ASSIGNMENTS IS IMPOSSIBLE AND ABSURD In the wake of the California Supreme Court's decision in Yvanova and its progeny, the legal community has accepted the unacceptable (and the ridiculous). The bottom line of the decision is that a void assignment can be the basis for a lawsuit for wrongful foreclosure but it cannot be the basis of a…[...]

Continue Reading

Posted in discovery, Uncategorized |

Discovery is more complex than lay people realize. There is a lot of work that goes on behind the scenes in court. Our paralegal, Connie Lasco, saw the problems and forwarded the request for service to me for comment. Here is an example of my comments to one homeowner who is defending her home pro se. She is asking us…[...]

Continue Reading

Tags: meet and confer
Posted in discovery, evidence, legal standing |

8 Fraudulent Steps to Ill-gotten Gains Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the banks, the courts and the regulators in allowing "presumptions" to be used even when the actual facts are different from…[...]

Continue Reading

Posted in Uncategorized |

In my opinion any foreclosure judgment or foreclosure sale that took place after a notice of rescission was sent and delivered is completely void and should be treated the same as a wild deed. This is particularly true in cases where courts have ignored the rescission completely and failed to issue an order effectively vacating the rescission. And it is…[...]

Continue Reading

Tags: TILA rescission
Posted in legal standing, Motions |