By J. Guggenheim See: HSBC v Buset On February 7, 2018, Florida’s Third District Court of Appeal rejected multiple arguments routinely advanced by borrowers’ counsel in defense and delay of foreclosure litigation, reversed the trial court’s order dismissing the case, and remanded with instructions to enter a judgment of foreclosure. HSBC Bank USA, N.A. v. Joseph T. Buset, et al.…[...]

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By Samantha Joseph  -Samantha Joseph is an award-winning journalist with Daily Business Review https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2018/02/09/can-he-say-that-frustrated-attorney-asks-whats-wrong-with-the-third-dca/ Fort Lauderdale attorney Evan M. Rosen is criticizing a state appellate court  — via news release  — in a move that seems to flirt with breaking Florida Bar rules against impugning the integrity of judges. Frustrated over the adjudication of foreclosure cases, Rosen issued a news…[...]

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Thompson Hine LLP - Karen E. Rubin USA February 8 2018 See: https://www.lexology.com/library/detail.aspx?g=88ef8ebf-5d18-4598-87e8-88cdb643aa1d In the ethics class that I teach as an adjunct law prof, I refer to Model Rule 8.4(c) as “The Four Horsemen of the Apocalypse,” because of the four things the rule prohibits: dishonesty, fraud, deceit and misrepresentation. While these ethical no-no’s are certainly not equivalent to…[...]

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By TT MacKinstry(Neil Garfield will comment on this case Monday on Livinglies.) [See Decision Here: HSBC v. Buset] A Stunning Reversal What began in 2015 as a potential landmark victory for homeowners Joseph and Margaret Buset has ended in a stunning reversal that favors HSBC Bank USA, N.A. At trial, Miami-Dade Circuit Judge Beatrice Butchko dismissed HSBC’s foreclosure action, citing…[...]

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Posted in Fabrication of documents |

By J. Guggenheim Servicers don't want to modify.  They don't want to short-sale, and they don't want to allow you to refinance. In fact, the sole objective is to use whatever means are necessary to take one missed payment and leverage it into a future default while piling on the penalties and fees to erode all of your equity.  The…[...]

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[caption id="attachment_39238" align="alignnone" width="370"] The Boot Strap Trap[/caption] The Bootstrap Trap By J. Guggenheim Boot Strap PDF Here. Duke Law Professor Sara Sternberg Greene's paper The Bootstrap Trap  describes the tragic oppression of consumer credit on low-income households as people strive desperately to become secure and self-sufficient and the limited influence of poverty law. Professor Sternberg Greene, a practicing sociologist, evaluates…[...]

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                      Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays New! Schedule an Initial 30-minute Consultation with Neil Garfield for $199! One-time Offer Only.  Contact us at: info@lendinglies.com Register now for Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense…[...]

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Want to know how they popped up with an "original" note that looked like the original? "Our machines have been in government installations worldwide for over 60 years. The Ghostwriter T550 has been a popular machine. It offers the ability to sign signatures or short phrases on letters, awards, forms, and other correspondence. You are also able to enlarge or…[...]

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Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

It appears that I have struck a nerve with many of the people who seek to prove me wrong in my "theories." They are facts, not theories. And as explained by yet another attorney writing an article for the banks and bank attorneys, it is up to the "bank" side of the equation to do anything about rescission. The borrower…[...]

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Posted in foreclosure defenses, legal standing, Motions, Pleading |

Practically everyone thinks they know what is a creditor even if they cannot identify who is the creditor. The reason that this is important is that the lawyers for the banks have created a divergence of the money trial and the paper trail. One is worth every cent claimed and the other is worth nothing, but for the repeated acceptance…[...]

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Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, legal standing, Motions, Pleading, Servicer |