Statute of Limitations: Dade County — Deutsche Loses Foreclosure — Cited for 7 years of delays
Dec 30, 2014
For further information please call 954*495*9867 or 520-405-1688 ================================= see Deutsch Crashes on Statute of Limitations in Dade County For many years judges have turned delays in foreclosures against borrowers usually making some comment about having lived for free without making payments. Those judges have ignored the fact that the delay was caused by the Plaintiff who initiated the foreclosure,…[...]
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For more information please call 954*495*9867 or 520-405-1688 ================================ After Years of wrangling, the government sponsored entities, Fannie and Freddie have changed their policy. They had a questionable "rule" that homeowners could not be permitted to buy back their homes after a foreclosure sale. But now they can. Effectively this allows homeowners to enforce a principal correction where fraudulent inflated…[...]
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NEW LOAN CLOSINGS — BEWARE!!!— NonJudicial Deeds of Trust Slipped into New Mortgage Closings in Judicial States
Dec 29, 2014
For more information please call 520-405-1688 or 954-495-9867 ==================================== IF YOU ARE HAVING A CLOSING ON A REFI OR NEW LOAN BEWARE OF WHAT DOCUMENTS ARE BEING USED THAT WAIVE YOUR RIGHTS TO CONTEST WRONGFUL FORECLOSURES --- GET A LAWYER!!! ==================================== http://www.creditslips.org/creditslips/2014/12/foreclosure-news-who-gets-to-decide-whether-a-state-is-a-judicial-foreclosure-state-or-a-non-judicia.html#more EDITOR'S NOTE: It is no secret that the Bank's have a MUCH easier time foreclosing on property in…[...]
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Collaboration is the Answer: Lawyers and Consumers, Homeowners and Student Borrowers Should Join Up
Dec 26, 2014
As many of you know, I am committed to being a part of the Collaborative Movement in this country. I have been a VOICE for reformation of the Mortgage Industry and many of you have VOTED with me by sharing information that has help us all in these trying times. While we have informal collaboration, it is time to express…[...]
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I hope all your holidays bring blessings to you and your families Best Regards Neil F Garfield[...]
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For further information please call 954-495-9867 or 520-405-1688 ============================== Bryan G. Scott has written an excellent article that should be read in its entirety at http://www.jdsupra.com/legalnews/its-not-the-crime-its-the-cover-up-e-39616/ This article runs to the heart of the mortgage mess, the cover-up and the potential impact on past, present and future foreclosures in the application of statutes of limitation relating to causes of action…[...]
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For further information please call 954-495-9867 or 520-405-1688 ====================================== The new settlement with New York's Department of Financial Services calls for resignation of the Chairman (Erbey), payment of a $100 million fine, Payment of $50 million in restitution to borrowers who were wrongfully foreclosed, and a set of rules requiring Ocwen to help borrowers avoid foreclosure. Schneiderman, Attorney General, was…[...]
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LIVINGLIES PASSES 10 MILLION VISITS! THANK YOU READERS, LAWYERS, CONSUMERS AND HOMEOWNERS!
Dec 22, 2014
In October, 2007 I started this blog without any idea that one day I would be talking to readers who had visited the site more than 10 million times. I thought it was amazing when 400 visits "piled" up in a month! This has been a rewarding journey even if it was frustrating. None of the success of this blog…[...]
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For further information please call 954-495-9867 or 520-405-1688 ================================= see 2014-sc13-2384 It would seem that the Florida Supreme Court has been listening and watching very closely. The new rules corroborate many things stated in this blog. Still to come are ruling or rules dealing with discovery in support of the homeowner's defenses. This is effective for cases filed on or…[...]
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Dan is our senior forensic analyst. His comments were right on point. It also exposes a point of vulnerability for lawyers who defend foreclosures. If the original party had no right to collect or enforce, then the notice of default and notice of acceleration are void. But then you have the issue of "apparent authority" and whether that is relevant…[...]
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