http://dailysignal.com/2017/03/10/clarence-thomas-casts-doubt-on-the-constitutionality-of-civil-forfeiture/ This week, Supreme Court Justice Clarence Thomas signaled his belief that civil asset forfeiture laws have strayed too far from their narrow historical precedent and questioned whether “modern civil-forfeiture statutes can be squared with the Due Process Clause and our nation’s history.” The news stems from a case, Lisa Olivia Leonard v. Texas, which—like so many forfeiture cases—began along…[...]

Continue Reading

Tags: civil asset forfeiture law, civil forfeiture, Olivia Leonard v Texas
Posted in Uncategorized |

Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Q and A: Statute of Limitations In this episode I will be discuss two states with drastically different interpretations of Statute of Limitations.  In Florida the Bartram decision ruled that every time a homeowner misses a payment, the statute resets.  In…[...]

Continue Reading

Tags: attorney charles marshall, Bartram Statute of Limitations, california foreclosure, Costa v. Deutsche Bank, neil garfield radio show, statute of limitations
Posted in Uncategorized |

By David Migoya Colorado’s largest foreclosure law firm has landed a major victory in its five-year legal battle against state investigators who tried to prove attorney Larry Castle and his law-partner wife, Caren, headed a money-hungry outfit that for years preyed on a foreclosure system gone wild. In a 92-page opinion issued Tuesday, Denver District Judge Morris Hoffman ruled mostly…[...]

Continue Reading

Tags: Castle Law Group, Colorado Foreclosure
Posted in Uncategorized |

While at the University of Iowa it was her study that first revealed that at least 40% of all original notes were intentionally destroyed or lost shortly after signing, triggering the launch of valid foreclosure defenses. Subsequent studies show that the documents used in foreclosures were fabricated up to 95% of the time thus indicating that the percentage of notes…[...]

Continue Reading

Posted in Uncategorized |

It appears to me that the Florida Supreme Court Bartram decision raises far more questions and conflicts than we had before the decision despite the conflict of the DCA opinions. Bartram conflicts with prior decisions of the same court, and of most other  courts when it relates to the application of res judicata, statute of limitations and Rooker Feldman ---…[...]

Continue Reading

Posted in Uncategorized |

This decision is brilliant. If this actually is paid (which is some time off) then the large award to the homeowners who will gift most of it to the law schools in California will have penetrated academia and therefore the education of law students who will learn, for the first time, what is wrong with virtually all the foreclosures in…[...]

Continue Reading

Tags: Bank of America
Posted in Uncategorized |

By the Lending Lies Team Too Big to Fail behemoth Wells Fargo faces another lawsuit over faulty residential mortgage-backed securities.  As investors become aware of the fraudulent securities purchased, more lawsuits are sure to be ignited. According to a Reuters article by Jonathan Stempel, U.S. District Judge Katherine Polk Failla in Manhattan said on Thursday that Wells Fargo must face…[...]

Continue Reading

Tags: investor fraud, Judge Katherine Polk Failla, Wells Fargo
Posted in Uncategorized |

Somewhere along the line, people are going to start asking why "the banks" wait so long and they will come up with the answer: that "the banks" make more money by waiting. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.   THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL…[...]

Continue Reading

Posted in Uncategorized |

by K.K. MacKinstry Last week a Manhattan court ruled in Costa v. Deutsche Bank that Deutsche Bank had failed to foreclose within the six year window and was therefore barred from collecting the debt.  In the same week, the Florida Supreme Court denied a motion for rehearing in Bartram v. U.S. Bank regarding the statute of limitations in foreclosure cases,…[...]

Continue Reading

Tags: Costa v. Deutsche Bank, statute of limitations, US Bank v. Bartram
Posted in Uncategorized |

Read Costa v. Deutsche Bank here: Costa v. Deutsche Bank 2017 03 29 Unlike Florida where there is no statute of limitations and every missed mortgage payment resets the clock, New York enforces the statute of limitations for debt collection including mortgages. A federal judge has granted two New Rochelle, New York homeowners' request to have their mortgage canceled, ending…[...]

Continue Reading

Tags: Costa v. Deutsche Bank, New York foreclosure law, statute of limitations
Posted in Uncategorized |