It seems obvious that if a complete stranger to the transaction (see the wording from the San Francisco study), is attempting to enforce a debt or seek a foreclosure, they should have no rights at all. And if a party accepts a modification application, they are making several representations about their authority and what they will do with the application.…[...]

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Tags: 9TH CIRCUIT, foreclosure defense, foreclosure offense, fraud, modification, Newman, securitization, Yvanova
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assuming the investors got some or all of their investment back, under what circumstances would there exist (a) a default and (b) an enforceable loan contract and (c) ANY definable amount for "reinstatement" required under virtually all written mortgages and notes --- signed only by the homeowner and missing any contract or other document in which the lender agreed to…[...]

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The bottom line is that millions of people have been told that line and most of them stopped paying for three months because of it. It was perfectly reasonable for them to believe that they had just been told by the creditor that they must stop paying if they want relief. Judges have heard this repeatedly from homeowners. So what…[...]

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Tags: in-house modification, LOAN MODIFICATION, Master Servicer, REMIC TRUST, rescission, RESPA, Servicer advances, three month delinquency
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During the remainder of May, Neil Garfield is offering a limited-time discount on private consultations. A 1/2 hour consultation is now $279 until the end of May, while an hour consultation is only $500 (reg. $650).  This discount will not be offered again this year at this price. We can help in a variety of ways: CONSULTATIONS: WITH THE COMPLEXITY…[...]

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For short-term results it is absolutely essential that discovery be pressed as hard as possible and that attorneys prep for a punishing cross examination of the corporate representative of the company claiming to be the servicer for the company that claims to be the trustee or successor for a trust that by implication claims to own the loan but won't…[...]

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Tags: borrower, foreclosure defense, foreclosure offense, fraud, mediation, rescission, securitization
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This evening one of south Florida's finest foreclosure attorney James "Randy" Ackley will join Neil on the Neil Garfield Show at 6 pm EST on: Blog Talk Radio. Neil and Randy will discuss recent rulings on Rescission and how despite the Jesinoski ruling, the courts are reading into the statute on procedure and saying that various conditions apply when the…[...]

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By William Hudson You can choose your sexual orientation and even your ethnicity but you can’t change your loan servicer. Mortage “servicing” is the ultimate misnomer. Modern loan servicing has nothing to do with service but instead provides a “disservice” in order to boost profits or engineer a default if at all possible. Being forced to contract with a sketchy…[...]

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Tags: abusive servicing, foreclosure, modification, NEIL GARFIELD, Servicing, william hudson
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Since it appears that Judges around the country are finding wiggle room where none exists, it may be wise to add the fraud charges to the initial complaint seeking enforcement of rescission, injunction, and quiet title. ================================ THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- Just a…[...]

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Tags: disclosure, foreclosure defense, foreclosure offense, fraud, securitization, TILA rescission
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  We can help in a variety of ways: CONSULTATIONS: WITH THE COMPLEXITY OF FINANCIAL DOCUMENTS AND TRANSACTIONS, IT IS OFTEN DIFFICULT FOR CONSUMERS AND HOMEOWNERS TO EVEN KNOW WHAT QUESTIONS TO ASK. THE PATH OUT OF THAT CONFUSION IS TO GET A CONSULTATION — with someone who has studied the financial crisis as a former investment banker, attorney with…[...]

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 You have a choice between a 1/2 hour consult, which is being promoted now at $279 and a one hour consult which is being promoted at $500. The consults are recorded on Freeconference.com and the audio file is sent to you usually the same day. The purpose of the consult is (a) to reveal the facts relating to ownership, authority…[...]

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