For further information please call 954-495-9867 or 520-405-1688 ============================= see http://blogs.wsj.com/moneybeat/2015/02/18/who-will-claim-380-million-in-unspent-foreclosure-abuse-money/ So it seems that the people who lost their homes through illegal or improper foreclosure practices cannot be found. More than 600,000 checks ranging up to $125,000 have not been cashed and are in the process of being reissued. Recipients may still bring claims for damages or even title,…[...]

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Further information please call 954-495-9867 or 520-405-1688 No radio show tonight because of birthday celebration -- I'm 68 and still doing this ============================== The enforcement of promissory notes lies within the context of the marketplace for currency and currency equivalents. The enforcement of mortgages on real property lies within the the context of the marketplace for real estate transactions. While…[...]

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Tags: assignment, consideration, debt, endorsement, enforcement of debt, enforcement of mortgage, enforcement of note, loan contract, Mortgage, note, Regulation Z, rescission, Scalia, TILA
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For further information please call 954-495-9867 or 520-405-1688 Listen to Neil Garfield Show on Thursday February 26, 2015 at 6pm EDT., and each Thursday =============================== see http://www.njspotlight.com/stories/15/02/02/new-foreclosure-procedures-put-to-test-as-number-of-cases-climbs-in-nj/ New Jersey now has an upsurge of Foreclosure activity. It is on track to become first in the nation in the number of foreclosures. What is clear is that the level of foreclosure…[...]

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Tags: buybacks, conduit, Fannie, foreclosure, fraud, Freddie Mac, Master Servicer, modifications, New Jersey, PSA, REMIC, trustee
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12 CFR 226.15  (d) Effects of rescission. (1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge. (2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been…[...]

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Tags: 12 CFR 226.5, TILA rescission
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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! I am inundated with questions about TILA rescission. So continuing with the the last few shows I am going to allow more questions than usual tonight. The simple explanation is that TILA rescission is a…[...]

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For more information please call 954-495-9867 or 520-405-1688 This is for general information only. It should never be used as a substitute for the advice of an attorney licensed in the jurisdiction in which your property is located. ============================== see also 201306_cfpb_laws-and-regulations_tila-combined-june-2013 I've been busy dealing with Judges who are resisting meritorious defenses and proactive lawsuits challenging the validity of…[...]

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Tags: canceled note, chain of title, disgorgement by lender to borrower, liability for debt, modifications, nullification of mortgage, nullification of note, proactive mortgage challenges, rescission, satisfaction of mortgage, TILA rescission
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For further information please call 954-495-9867 or 520-405-1688 ================================ see Robot Can Write Your Letter and Signature In a typical day in Court, the "borrower" is asked by the lawyer for the "lender" whether THAT is his or her signature on the note and the mortgage. The initial response is yes. By admitting that signature you have validated the note…[...]

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Tags: authentication of documents, fabricated mortgage, fabricated note, robotic signatures, self-authenticating documents, witness memory
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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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