By David Dayen, Author of Chain of Title and winner of the Studs Terkel Prize via Vice http://www.vice.com/read/what-happened-when-the-fbi-investigated-foreclosure-fraud-in-florida Six years ago, FBI agents in Jacksonville, Florida, wrote a memo to their bosses in Washington, DC, that could have unraveled the largest consumer fraud in American history. It went to the heart of the shady mortgage industry that precipitated the financial…[...]

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[caption id="attachment_35391" align="alignnone" width="267"] California Trend: The Truth Matters[/caption] By Attorney Charles Marshall, Southern California Time to provide some of the backstory to how the recent breakthrough decision of Gieseke v. Bank of America came about. Of course it goes back to Yvanova (February 2016). This blog has addressed that decision on many occasions. And then there is Keshtgar v.…[...]

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Register now for a Half-Hour or One-Hour Consultation Now.  Sale ends tomorrow at Midnight. Half-Hour Consultations are now $279 (reg. $325) and One-Hour Consultations are $500 (reg. $650).  Not sure how much time you need?  Purchase the one-hour consultation and use half now and half later. Neil's experience and expertise can quickly analyze your particular situation and provide possible solutions…[...]

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[caption id="attachment_35324" align="alignnone" width="353"] Wells Fargo- We will NEVER Fabricate or Robosign Another Foreclosure Document- We Promise.[/caption]   By William Hudson http://www.charlotteobserver.com/news/business/banking/article79826477.html Wells Fargo agreed to pay a $70 million penalty to end its five-year battle to settle claims over fraudulent foreclosure practices in the wake of the financial crisis- yet, Wells Fargo is continuing the same foreclosure practices they…[...]

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[caption id="attachment_35218" align="alignnone" width="395"] by William Hudson[/caption] When borrower credit requirements are lowered, housing prices rise in response.  Flat wages and an employment market composed of part-time jobs paying minimum wage should inhibit home ownership- but, alas, Wells Fargo has a solution!  In fact- it's the same solution they had back in the early 200s when they gave out loans…[...]

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Southern California Attorney Charles Marshall discusses the importance of establishing that the servicer doesn't have standing by battling erroneous presumptions, compelling discovery, and by refusing to retreat. Yvanova, Gieseke, Sciarratta and Lundy decisions prove that homeowners have right to challenge a fraudulent foreclosure pre- and post-sale and can prevail. [wpvideo 22IwidF8] San Diego attorney Charles Marshall who had a case…[...]

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Tags: attorney charles marshall california, attorney charles marshall foreclosure defense, california defense, california foreclosure defense, gieseke v. bank of america
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  Proof of fraud might only be possible through the resources of government investigation --- but they obviously need help from the private sector of attorneys and forensic auditors who know many of the pieces of this puzzle in a way that far surpasses the current state of knowledge of government investigators and prosecutors. ——–THE FOLLOWING ARTICLE IS NOT A…[...]

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Tags: bank of america US dept. of justice, foreclosure fraud bank of america, mortgage fraud bank of america, neil garfield bank of america countrywide dept of justice, us v. countrywide bank of america
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  "The issue really boils down to the question of whether we are going to apply simple direct rules that favor nobody in particular (blind justice --- remember that?) or if the Courts are going to create monumental complexity and uncertainty under their past "Theory of Everything," to wit: let the banks keep coming back until they win. This theory…[...]

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Tags: foreclosure defense
Posted in foreclosure defenses, Foreclosure Questions, legal standing |

  [caption id="attachment_35120" align="alignnone" width="822"] The Illusion of Creditor[/caption] Gieseke Remand Order 5 20 16 from 9th Circuit (3) "As it stands, the "creditor" consists of all investors in all trusts created by each investment bank. But nobody is acting as if that is true." --------THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY…[...]

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Tags: 9TH CIRCUIT COURT OF APPEALS, creditor void, es, foreclosure gieseke
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[caption id="attachment_35123" align="aligncenter" width="401"]   California Foreclosure Justice[/caption] Click in to tune in to:  The Neil Garfield Show Or call in at (347) 850-1260, Tonight at 6 pm EST Thursday. The legal landscape is changing in California.  After a foreclosure drought, Yvanova opened a floodgate of new decisions that bolster a homeowner's right to challenge a fraudulent foreclosure pre- and…[...]

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Tags: 9TH CIRCUIT, charles marshall, Gieseke, neil garfield radio, sciarratta, stephen lopez, Yvanova
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