See Tom Ice Wins His Point: Local Rules Deeming Motions "Abandoned" Are Not Valid Tom has been getting into the murky world of what is agreed or known between Judges that administer foreclosure actions. One such problem is the local rule in some jurisdictions that certain motions are deemed abandoned regardless of what applicable legislation or Supreme Court Rules of…[...]

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The show was canceled at the last minute because of an unscheduled appointment I had with a kidney stone. I am fine now.[...]

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For further information please call 954-495-9867 or 520-405-1688 ========================== Hat tip to anonymous The full case was 25 pages, I redacted to about 4 below, but very substantial topics and analysis on this similar to Rivera in full version. - A win on recovery of mortgage payments made to Wells, $73,000. - Loss on recovery of attorneys fee's to Debtor, BUT,…[...]

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Tags: bankruptcy court, disgorgement of mortgage payments, equity, foreclosure, Litton Loan, Ocwen, PROOF OF CLAIM, Thompson, Wells Fargo, Wisconsin
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For further information or assistance please call 954-495-9867 or 520-405-1688 ================================ see http://www.bankrate.com/finance/real-estate/get-house-back-after-foreclosure.aspx There are numerous ways to reverse or cure the foreclosure process. We have outlined legal procedures to vacate judgements, set aside the sale etc. in other articles. One way that we have not explored in depth is the right of redemption. The government sponsored entities (GSEs) have…[...]

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Tags: foreclosure, redemption
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For further information please call 954-495-9867 or 520-405-1688 =========================== Well at least OneWest legally exists and it didn't originate any loans even though it sometimes tries to give that appearance. But it is clear that this company was literally formed over a weekend to takeover IndyMac business. In so doing it made a number of dubious deals in which it…[...]

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Tags: Assured Guaranty Municipal Cor, Beekman, class action, FDIC, HAMP, Lehman Brothers, Office of Thrift Supervision, OneWest
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For further information or assistance please call 954-495-9867 or 520-405-1688 ============================ By popular request, here is my shortlist for items to deal with in foreclosure defense or any challenge to the validity of a mortgage and note.: Original loan fabricated of faulty --- the "lender" did not legally exist as an entity or there was no consideration for the original…[...]

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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 or assistance please call 954-495-9867 or 520-405-1688 --------------------------------------- Hat Tip to Patrick Giunta, Esq., Senior litigator and manager of litigation for the livinglies team. see 18th Judicial Circuit BOA v Nash VOID mortgage Void Note Reverse Judgement…[...]

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Tags: 18th judicial circuit, america's wholesale lender, Bank of America, countrywide, Donald duck loans, Nash, recovery of all payments, reverse foreclosure loans, Seimole County, void mortgage, void note
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For further assistance please call 954-495-9867 or 520-405-1688 ------------------------------------ Carol Molloy, Esq., one of our preferred attorneys is now taking on new cases for litigation support only. This means that if you have an attorney in the jurisdiction in which your property is located, then Carol can serve in a support role framing pleadings, motions and discovery and coaching the…[...]

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Tags: American Brokers Conduit, Chrsitiana bank, Donald duck loans, HAMP, HDC, PETE, PSA, Quicken Loans, REMIC TRUST, RESPA, The Money Source, TILA, Transfer without sale, UCC
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For Further information or assistance please call 954-495-9867 or 520-405-1688 -------------------------------------- see 13-450 N Carolina Appellate Decision on Holder, PETE, HDC and Owner of the Debt 2013 Decision There are several interesting features to this appellate case, not the least of which is that it comes from North Carolina which has not been particularly friendly to borrowers. What is interesting…[...]

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Tags: dismissal with prejudice, HDC, HOLDER, money trail, North Carolina Appeals Court, Ownership of Debt, Payee on the note, PETE, right to amend
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For More Information and assistance please call 954-495-9867 or 520-405-1688 ------------------------------------ No reasonable person would abandon this many homes after taking the trouble to foreclose on them. There is an obvious preference for foreclosure over workouts, modifications, short sales, resales, and other tools. This shows clearly that loss mitigation is not one of the factors in the minds of those…[...]

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Tags: ABANDONMENT, foreclosure fraud, fraudulent loans, investors, local government, modifications, REMIC, WORKOUTS
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