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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Tags: collaboration
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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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Tags: concealment of facts, construction defencts, contract, equitable estoppel, foreclosure, fraud, North Carolina, TILA, Trillium Ridge
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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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Tags: affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, attorney general, borrower assistance, complete loan file, Erbey, modification, monitor, New York Department of Financial Services, Ocwen, wrongful foreclosure
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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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Tags: affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, exhibits, Florida rules of civil procedure, foreclosures, Pleading, verification
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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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For further information please call 954-495-9867 or 520-405-1688 ================================= see Third DCA - Beauvais Decision In the Third District Court of Appeal, Florida, the Court decided Deutsch v Beauvais against the alleged "creditor" Deutsch.. Dozens of appellate decisions across the country are reversing a long-standing pattern of rubber stamping trial courts who exceeded their discretion, authority or even jurisdiction. This…[...]

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Tags: 3rd DCA, accelleration, Am Bankers, Beauvais, Deutsch, Florida, statute of limitations, void mortgage
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays ==================================== For further information please call 954-495-9867 or 520-405-1688 ==================================== On tonight's show we will talk about the alleged trusts that allegedly own the loans. In most cases, they do not own the loan nor do they represent the interests of…[...]

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Tags: Chase, foreclosure, fraud, REMIC, SPS, unclean hands, unfunded trusts
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For further information please call 520-405-1688 or 954-495-9867 ------------------------- Just back from Orlando where I had a 4 hour trial scheduled for five minutes. Of course nobody except the court knew that. Needless to say the trip to Orlando was a bust. Neither counsel --- Plaintiff and Defendant --- was pleased. The system is badly in need of change. Now…[...]

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