For further information please call 954-495-9867 or 520-405-1688 ============================== For lawyers only: Many homeowners are going back and digging up their notices of rescission. There are cases in state court, federal court and bankruptcy court that could be and probably are effected by the US Supreme Court decision that made it clear that TILA rescission was a unique statutory remedy…[...]

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Tags: effects of TILA rescission, motion to set aside order or judgment, nullification of mortgage, nullification of note, rescission, TILA, Truth in Lending Act
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Neil Garfield Show Next Week For further information please call 954-495-9867 or 520-405-1688 ================================ see UBS, SUNTRUST Fail to Escape Liability to Investors. We are starting rising activity by investors who are drilling down on their "investment" that was not just handled negligently but was the largest fraud of its kind in human history. Investors are starting to realize that…[...]

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For further information please call 954-495-9867 or 520-405-1688 ============================== http://nypost.com/2015/01/31/ny-federal-judge-slams-wells-fargo-for-forged-mortgage-docs/ COURT FINDS PRESUMPTIONS CAN BE REBUTTED BY A SHOWING OF SOME EVIDENCE THAT THE INSTRUMENT AND/OR SIGNATURE IS NOT AUTHENTIC What I like about the Federal Judge decisions is that they express the reasons for their orders and judgments with much greater specificity than State Court judges tend to do…[...]

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Tags: ABN AMRO, bankruptcy, FRanklin, Freddie Mac, MERS, New York, Order sustaining objection to proof of claim, Robert Crain, Texas, Washington Mutual, Wells Fargo Forgery
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For more information on UNDOCUMENTED LOANS please call 954-495-9867 or 520-405-1688 ================================ Competing Transactions: The One Banks Use Which never Existed vs The Real Loan that was Undocumented You may have noted that in response to my articles and briefs, banks don't argue with the premise that they have no original money transaction; instead they argue that there doesn't need…[...]

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Tags: Fabrication of documents, Wall Street Banks, Wall Street Corruption, Wells Fargo, Which Transaction?
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For further information please call 954-495-9867 or 520-520-1688 ================================= A lot of the questions that come in to me relate to the issue of whether the ability to enforce a set of loan documents is a question of law or a question of fact. The answer, I think, is both. The confusion seems to be on the issue of pleading…[...]

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Tags: BURDEN OF PROOF, Pleading, presumptions, PROOF
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For further information please call 954-495-9867 or 520-405-1688 ============================ see Fund Manager's Letter to Bondholders Detailing Sins of Ocwen Chickens are coming home to roost. Just read the letter. Anyone who is litigating a case where Ocwen is involved in any way in the chain of title or ownership of the loan paperwork should read this in detail. This could…[...]

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Tags: bondholders, CALIFORNIA, CFPB, Investigations, New York, noteholders, Ocwen, servicing default
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays DID YOU RESCIND? ASK QUESTIONS TONIGHT! As two more decisions come out from the Florida 4th DCA there is plenty of hope for current and former homeowners. The US Supreme Court on TILA Rescission was especially helpful --- reversing hundreds of…[...]

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For further information please call 954-495-9867 or 520-405-1688 ============================ see Quiet title Wrongful foreclosure Punitive Damages Missouri judgment.1-26-15.pdf ocr Missouri had been impenetrable. Things change. This case finds that neither the GSE nor anyone else in the chain had the power to enforce the paper because they did not really have ownership of the loan, that their title was false,…[...]

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Tags: compensatory damages, Missouri, punitive damages, quiet title, wrongful foreclosure
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For Further information please call 954-495-9867 or 520-405-1688 ========================== see http://dealbook.nytimes.com/2015/01/26/ocwen-and-bondholders-clash-over-mortgage-services/?_r=0 And if you are in the mood to drill into Ocwen's Business, see http://www.sec.gov/Archives/edgar/data/1513161/000119312513024292/d474092dex991.htm Every once in a while you get a peek at what is really happening behind the scenes. The view from here is startling sometimes even to me. Here we have theater of the absurd. Ocwen…[...]

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Tags: bondholders, Master Servicer, Ocwen, PSA, REMIC, TRUSTS, Underwriter
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Posted by Nick Mermiges, Esq. MotionToStrikeAffirmativeDefenses Attorney Nick Mermiges (Miami, I think) has written an excellent article on motion practice which is very illuminating and extremely clear. In essence he has called out the bank lawyers who are filing motions to strike affirmative defenses and then using the law on summary judgment to argue their case. The result is that most…[...]

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Tags: affirmative defenses, summary judgment, summary judgment by ambush
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