Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 33,000 people listen to the Neil Garfield Show. Maybe you should too. =============================== Tonight we have Attorney Stephen P Wright from Connecticut with us because he and I have been having some conversations about the real issues that the banks keep sweeping under…[...]

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For more information, please call 954-495-9867 or 520-405-1688 This is for general information only. It is not an opinion upon which you can rely in your case. Get a lawyer. But get one that has really studied this issue because the knee jerk reaction by most lawyers is that rescission cannot be real. Don't act on anything you read here…[...]

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Tags: RESCISSION litigation, TILA rescission
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This Saturday, October 31, 2015 a new seminar is being hosted by the Rodriguez Law Group and USC Dornsife Trial Advocacy Program entitled "Litigation Techniques, Critiques and Strategies Under SB 900 (California), Federal Regulations, Securitization and Rescission." It is a foreclosure defense seminar. 6 hours CLE in California --- other states vary on CLE credits. The instructors are Attorney Patricia…[...]

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http://www.housingwire.com/articles/35455-dbrs-settles-with-sec-over-misrepresenting-mortgage-bond-rating-capabilities Several things strike me about this event and the reporting on it: A relatively small rating agency has been thrown under the bus and has agreed to pay a fine for something we have known for nearly 10 years --- the ratings of so-called mortgage backed securities were a sham and continued to be a sham. "the SEC determined…[...]

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For further information please call 954-495-9867 or 520-405-1688 This is not a legal opinion. It is for general information only. Seek legal advice before acting or making any decision. ============================ "REMIC TRUST PAYMENTS ADRIFT AFTER LOSING CLARITY OF THEIR SAFE HARBOR" 8 years ago the Fordham Law Review published an article entitled "Will the Real Holder in Due Course Please…[...]

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I don't know what is different, but it looks like we are making progress at building an effective team to help lawyers, accountants, homeowners and others with consumer debt. Perhaps it is because people started looking back at my original writing starting back in 2007 and realized that I correctly analyzed and predicted the progress although I missed the timing.…[...]

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For more information please call 520-405-1688 or 954-495-9867 This is for general information only and is not a substitute for legal advice. ================================== I had occasion to respond to some people who are still confused about rescission. My answer is that it is too simple to fathom because this is exactly what Congress wanted to do to banks who violate…[...]

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Hat tip to Patrick Giunta, Esq. for sending me this article. Very interesting that it was written in 2011. ANALYSIS: It seems fair to say that the Courts are not willing to find a contractual obligation exists under State Law until a true and actual lender is identified. “Pretender lenders” – as Neil Garfield calls them – and intermediary “originators”…[...]

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A quick note on the subject of criminal prosecution of bankers. The excuse is the four dog defense. As a refresher, the first part is "I don't have a dog." In the case of the mortgage crisis, it started with the banks claiming that trusts, derivatives, mortgage backed securities had nothing to do with the loans. Actually, they were telling…[...]

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I have received a copy of the comments made at a very recent seminar for lawyers who represent the servicers, trustees and the alleged trusts. While they fail to commit to writing the issues regarding standing to challenge a rescission, the rest of it is pretty much spot on. Their message is that ignoring or even rejecting the rescission by…[...]

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Tags: jesinoski, rescission, TILA
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