For more information please call 954-495-9867 or 520-405-1688 ============================== see http://www.courant.com/opinion/letters/hc-go-after-mortgage-fraud-perps-20150427-story.html It appears that the statute of limitations might be running out this year on any claim against the officers of the banks that created the fraudulent securitization process. Eric Holder, outgoing Attorney general, made an unusual comment a few months back where he said that private suits should be…[...]

Continue Reading

Tags: Eric Holder, IPO, Reg Z, REMIC trusts, rescission, statute of limitations, TILA
Posted in Uncategorized |

For further information please call 520-405-1688 or 954-494-6000. ============================ see 4th DCA Salmon v Foreclosed Asset sales and Transfer CorpDOC042315 I have often reminded lawyers that Judges NEVER get reversed when they deny a motion for summary judgment. When they grant summary judgment in foreclosure cases, their vulnerability to a reversal increases exponentially. In the SALMON case, the appellate court…[...]

Continue Reading

Tags: 4th dca florida, standing, Summary judgment Reversed
Posted in Uncategorized |

Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays TILA RESCISSIONS ARE NOT CONTINGENT ON ANYTHING If no lawsuit is required to make rescission effective, why do you need to file a lawsuit to enforce it? How do you enforce TILA rescission after notice has been given? What NOT to…[...]

Continue Reading

Posted in Uncategorized |

For further information please call 520-405-1688 or 954-495-9867 ============================ One of the warriors in this fight just got a negative result in court relating to rescission. Not surprising. Judges never liked TILA and they certainly don't like rescission, but Justice Scalia made it very plain that the Judges must apply the law as it is --- not as they think…[...]

Continue Reading

Posted in Uncategorized |

For more information please call 520-405-1688 or 954-495-9867 --------------------------------------- A lot of questions about the difference between the COMBO reports and the Rescission Package have been received. So I figured I would publish the description and the differences between the two services. SO here is the email I sent to our new team member, Susan, and upon reading it I…[...]

Continue Reading

Posted in Uncategorized |

For further information or assistance please call 954-495-9867 or 520-405-1688. ========================== see http://newswire.net/newsroom/pr/00088375-6-tricks-banks-use-to-drive-homeowners-into-foreclosure.html For many years it has been apparent most observers of the mortgage crisis that the Banks have switched their traditional role of creditor seeking to get paid to something else --- a "servicer" or "Trustee" seeking foreclosure. in fact, in multiple cases where the homeowner has had…[...]

Continue Reading

Tags: business model, servicers, TRUSTEES
Posted in Uncategorized |

If you read my blog for the last 3 weeks or so you should get a good idea of where I am coming from on this. If you still have questions or need assistance call me at 954-495-9867 or 520-405-1688. The basic thrust of my argument is that BOTH Congress and US Supreme Court agree that there is nothing left…[...]

Continue Reading

Tags: Jesinowski, Regulation Z, Scalia, TILA, TILA rescission, Truth in Lending Act
Posted in Uncategorized |

Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight we will discuss a foreclosure case that was recently won in Broward County, Florida. Our guest tonight is Patrick Giunta, one of the risking stars in the legal community.[...]

Continue Reading

Posted in Uncategorized |

For Further information and assistance please call 954-495-9867 and 520-405-1688. ======================= See Beach v Ocwen Fla. Supreme Court I have no doubt that the Banks will attempt to use this decision --- but it still is trumped by Jesinowski and other Federal decisions on equitable tolling. Having the right to cancel/rescind is described as extinguished by TILA regardless of the…[...]

Continue Reading

Tags: 20 day window for banks to challenge rescission, 3 day rescission, 3 year statute of limitations, Florida Supreme Court, holder in due course, Justice Scalia, TILA rescission, UCC, US Supreme Court
Posted in Uncategorized |

It is quite clear under hundreds of years of legal precedent that documents cannot be introduced as evidence of anything. They are clearly hearsay. Some Banks are trying to use the phrase "self-authenticating" which simply does not apply to self-serving fabrications of documents. The real strategy is using the "business records exception" to hearsay, and all  eyes seem to be…[...]

Continue Reading

Tags: business records exception to hearsay rule
Posted in Uncategorized |