By William Hudson Thousands of TILA rescissions have now been filed nationwide. As these cases wind through the judicial system new things are being learned from cases that fail. First of all, if you have ever admitted consummation occurred- you are finished before you get out of the starting gate. In your rescission letter it is best not to refer…[...]

Continue Reading

Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 40,000 people listen to the Neil Garfield Show. Maybe you should too. =============================== Charles Marshall, Esq. attorney in Northern California joins us again as the featured attorney. Charles has been a long time supporter of the livinglies blog and…[...]

Continue Reading

From Dan Edstrom, senior forensic analyst for livinglies. --- * The OCC Interpretive Letter #1016 (attached) supports our determination that the Step Transaction and Single Transaction Doctrine applies to the alleged mortgage and securitization transactions... * Consider the following: * Office of the Comptroller of the Currency Interpretive Letter #1016 (February 2005) available on the following government website: http://www.occ.gov/static/interpretations-and-precedents/feb05/int1016.pdf states, among other things: "[I]n no sense, under the facts presented, can the Banks be viewed as making…[...]

Continue Reading

A purchase and assumption agreement was not enough to prove JPMorgan Chase Bank N.A.'s legal standing in a foreclosure case before the Fourth District Court of Appeal. ------------------ Read more: http://www.dailybusinessreview.com/id=1202753997800/JPMorgan-Chase-Loses-Foreclosure-Case-at-Fourth-DCA-After-5-Debt-Sales#ixzz45ulLI8CB ------------------ For a description of our services  click here: https://wordpress.com/post/livinglies.wordpress.com/32498 Group Session- 90 Minute Roundtable Discussion =========================== THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN…[...]

Continue Reading

The essential question I pose is this: if the student loan was table funded (and it does appear to me that they were, in many cases), then why is the originator/broker receiving the government guarantee and the exemption from discharge? By definition they didn't loan any money to the student. It seems to me that government, lawyers, and courts are…[...]

Continue Reading

We must accept the unacceptable premise that judicial public policy and assumptions are in direct conflict with legislative public policy... If all other elements of HDC [Holder in Due Course] are present then the only one that obviously doesn't exist is a business transaction in which the REMIC Trust paid money for the acquisition of the loan. If they didn't…[...]

Continue Reading

This is the second time they failed and regulators are justifiably worried. _______________________________________________________________________ For a description of our services  click here: https://wordpress.com/post/livinglies.wordpress.com/32498 Group Session- 90 Minute Small Group Discussion =========================== THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.  see http://mobile.reuters.com/article/idUSKCN0XA1B4 The 5 Major Banks once again failed both…[...]

Continue Reading

-New-Century-Bankruptcy-Doc Attention: If you have New Century Mortgage anywhere in your documents you might want to act quickly and obtain your New Century file.  The information contained in your file may help you discover critical information about your "loan".  Even if you aren't in Foreclosure we advise you to obtain your file because it may contain data that may help…[...]

Continue Reading

ANNOUNCING OUR NEW SMALL GROUP CONSULTATIONS! The first LendingLies' Small Group Consultation is scheduled for:  April 20th, 2016 at 3:00 p.m. EST.           CAN YOU AFFORD TO MISS THE OPPORTUNITY TO SPEAK TO NEIL GARFIELD? Neil Garfield recognizes that not everyone has the financial means to pay for a full consultation regarding their specific issue.  In response, Neil will be…[...]

Continue Reading

Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 40,000 people listen to the Neil Garfield Show. Maybe you should too. =============================== Attorney Rodriguez has been battling for homeowners. She litigates to win. Join us as we discuss the ramifications of new case decisions and the landscape for…[...]

Continue Reading