So in a minor release, you have the following, trumpeting the legal prowess of the Orrick firm, representing Credit Suisse and its subsidiary DLJ. A lawsuit was filed purportedly on behalf of U.S. Bank seeking to enforce repurchase obligations that DLJ had issued and which Credit Suisse would be required to honor if they were valid. This is all part…[...]

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F.S. 679.203: a security interest is not enforceable against the debtor or third parties with respect to the collateral and does not attach unless: ... (b)  Value has been given... [e.s.] Fla. R. Civ. P. 1.115: (a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or other lien which secures a promissory note on residential real property,…[...]

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Once consumers and homeowners get it out of their head that they were not paid as part of a loan transaction and instead they were paid for participating in an undisclosed securities scheme, they will easily see that the money paid to them, coupled with a promise to pay it back, was a ruse in which the homeowner got paid…[...]

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RESPA is a consumer protection statute that regulates the real estate settlement process, including loan servicing and assignments. 12 U.S.C. § 2601(a). In 2010, RESPA was amended pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010), which, among other things, added provisions governing the way in which federal mortgage loan…[...]

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Any lawyer can win these cases by simply challenging the basic premises of the action, to wit: the existence, status, and ownership of the presumed loan account. there is no experience of default by any creditor. That means that the declaration of default is false. And that means that the conditions precedent to foreclosure are absent. This is the sticking…[...]

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A Sarasota Judgment That Shook the Foreclosure Machine A 2020 Sarasota, Florida judgment shows the deep gap between foreclosure fantasy and reality. The case: U.S. Bank, as Trustee for the LSF11 Master Participation Trust v. Cheri Melchione, Case No. 2011 CA 5724 NC (12th Circuit Court, Sarasota County, Florida). The plaintiff—LSF11 Master Participation Trust—was no more real than LSF9, its…[...]

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Tags: bankruptcy, foreclosure defense
Posted in Bankruptcy, foreclosure defenses, foreclosure mill, Uncategorized |

The bottom line and the importance of this analysis is that the basis for any claim in foreclosure is the enforcement of an unpaid debt and the proof of its existence and status, along with the proof of a default. You must understand that a default does not exist because of nonpayment nor because someone (anyone) declares a default. It…[...]

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Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays This may have been inadvertently published yesterday. The simple way to remember all this is that a business record must be a record of business actually conducted by the record keeper. Anything else is hearsay and must be secluded…[...]

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Consider the recent success of Attorney Gary Dubin who just sent me a court order involving a California case he filed against the foreclosure and securitization players. He survived demurrer, received an order declaring the case to be "complex" and he successfully argued for a jury trial. * Here is his message: So far so good. We are even getting…[...]

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Anyone who reads my blog knows that I have repeatedly asserted one fundamental rule. If you are going to attack the basis of the claim against a homeowner, you need to start very early. If you don't, both of the allegations and the implied allegations will become baked into the case. That will give rise to inferences of fact and…[...]

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