For further information please call 954-495-9867 or 520-405-1688 ======================== see http://features.necir.org/pmi Insurers pay "losses" on mortgages and then pursue borrowers for recovery of payment A big area of confusion in the foreclosure cases is the impact of insurance claims and payments with respect to insured mortgages and insured mortgage bonds. So let's start with the fact that there are many…[...]

Continue Reading

Tags: deficiency, Fannie, FDIC loss sharing, Freddie Mac, guarantee, insurance, loss claims, mortgage bonds, mortgage payments, paragraph 22, SUBROGATION, third party payments
Posted in Uncategorized |

For further information please call 954-495-9867 or 520-405-1688 ============================== TILA remedies and requirements actually address the "free house" complaint head on: If banks misbehave in material and important ways (as defined by statute and not in the minds of a judge or lawyer) then yes, the homeowner should get a free house. That is what all three branches of the…[...]

Continue Reading

Tags: AMGAR, BURDEN OF PROOF, disgorge ment of all money by lender, fake closings, free house, mortgage void by operation of law, statute of limitations, TILA Claims, TILA rescission
Posted in Uncategorized |

Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays DID YOU RESCIND?    [...]

Continue Reading

Posted in Uncategorized |

For Further information please call 954-495-9867 or 520-405-1688 ================================= see Murray vs. HSBC - 4D13-4316 Having exhausted all possible explanations for the fraudulent behavior of the banks, the 4th DCA has now come to the conclusion that the reason for robo-signing, fabrication, backdating, forgery etc. is that there was no transaction underlying the paperwork that the banks rely upon ---…[...]

Continue Reading

Tags: 4th DCA, assumptions, Florida, Murray v HSBC, nonholder in possession, presumptions, UCC
Posted in Uncategorized |

For further information please call 954-495-9867 or 520-405-1688 ============================== see Massachusetts Settlement: Fine PLUS Curing Title Defects Martha Coakley gets it. She is the attorney general of Massachusetts. And she alone has enforced the law the way it should be enforced. When a bank or anyone else files a fraudulent foreclosure action they should pay for it AND the title…[...]

Continue Reading

Tags: Bank of America (BOA), Chase, Citi, fine, title defects, Wells Fargo, wrongful foreclosure
Posted in Uncategorized |

For more information please call 954-495-9867 or 520-405-1688 ========================= see http://www.foreclosuredefenseresourcecenter.com/top-f-foreclosure-defense-strategies-in-california/truth-in-lending-rescission/ I ran across an excellent article on rescission in mortgage cases that I think is a MUST READ for those who might be affected or entitled to use it. Check the link above. Make sure you check with a knowledgeable attorney licensed in the jurisdiction in which your property…[...]

Continue Reading

Tags: 3 day rescission, 3 year rescission, BURDEN OF PROOF, notice of rescission, rescission, statute of limitations on "lender" for filing suit within 20 days, statute of limtiations on borrower, TILA
Posted in Uncategorized |

For further information please call 954-495-9867 or 520-405-1688 =========================== see http://www.msfraud.org/law/lounge/mers-auroraslammed.pdf While there are a number of cases that discuss the role of Mortgage Electronic Registration Systems (MERS), this tells the story in the shortest amount of time. MERS was only a nominee to track the off-record claims from multiple parties participating in what we call the securitization of loans.…[...]

Continue Reading

Tags: affirmative defenses, assignment, Aurora, discovery, free house, MERS, securitization
Posted in Uncategorized |

Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays DID YOU RESCIND? YOU MIGHT STILL OWN THAT PROPERTY THAT YOU THOUGHT WAS FORECLOSED! The Federal Truth in Lending Act (TILA) has, from the time it was enacted, been the sole protection to consumers of increasingly sophisticated financial products. In the…[...]

Continue Reading

Posted in Uncategorized |

see also http://themreport.com/news/government/01-13-2015/california-moving-suspend-ocwens-mortgage-license Adam Levitin has definitely established himself as one of the more respected figures in analyzing and commenting on mortgage and foreclosure practices. In this article below, he reveals the fraudulent nature of even the most benign looking foreclosures. Various parties, including Ocwen which he cites in particular, regularly backdated denials of modification and backdated ownership paperwork. His…[...]

Continue Reading

Tags: back-dating, foreclosure, modification, Mortgage, Ocwen, Pattern of COnduct, Select Portfolio Servicing, SPS
Posted in Uncategorized |

For further information please call 954-495-9867 or 520-405-1688 ============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious. Scalia, writing for a UNANIMOUS court said that the statute means what it says. All the…[...]

Continue Reading

Tags: Mortgage, notice of rescission, quiet title, rescission, Scalia, statute of limitations, Supreme Court, tender, TILA, wild deed
Posted in Uncategorized |