A QWR is a qualified written request under the rules of RESPA. A DVL is a debt validation letter under the rules of the FDCPA. Centers of either one must conform to the existing rules --- not what they would like the rules to be. The purpose of a QWR or a DVL is to resolve questions or disputes. It…[...]

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This New Webinar is about what to do before the battle begins. APPROVED FOR 1.0 CLE CREDITS APPROVED BY THE FLORIDA BAR (1 Hour Presentation) Course Materials and Follow up conference call included. LIVE Streaming Presentation 4pm EST 11/19/21) (Q&A 12/3/21 at 4PM EST). HOMEOWNER ATTENDANCE PERMITTED Click Here --->SIGN UP NOW Prelitigation Advice and Proactive Legal Actions in Foreclosure…[...]

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CONFIRM SAULE OMAROVA AS HEAD OF OCC!! ---------------------------------------------------------- "Bank of New York Mellon as trustee for the certificate holders" is an exercise in deceit and fraud. Lawyers for homeowners should pay more attention to filing a motion to dismiss or a motion for more definite statement as to the identification of the claimant.  It is simply human to try to…[...]

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Tags: Bank of New York Mellon, BONY
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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Nearly all consumers think they're litigating or dealing with banks when in fact they're not. Tonight we look at basic elements of winning based upon 16 years of experience, research, and data collection. Here are some of the…[...]

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Nobody talks about ICE.  But it owns the New York Stock Exchange, MERS and an incredible buffet of FINTECH capabilities and it operates as though it is a governmental or quasi governmental agency. It isn't. see https://candysdirt.com/2018/10/17/mers-and-ice-modernization-without-regulation-increases-housing-crash-risk/ And its practices have been institutionalized by longevity and the courts who have no idea what Wall Street is doing. The bottom line…[...]

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Here is the example: BANK OF NEW YORK MELLON AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS, INC. ASSET BACKED CERTIFICATES, SERIES 2007-11. FACT CHECK 1. BONY IS NOT A TRUSTEE FOR ANY CERTIFICATE HOLDERS BECAUSE THE CERTIFICATE HODLERS ARE NOT BENEIFICAIRIES OF ANY TRUST. FACT CHECK 2: NO TRUST IS IDENTIFIED EVEN BY NAME. CONCLUSION: THE HOMEOWNER IS FIGHTING…[...]

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The current custom and practice is to substitute a partial report that is entirely hearsay (usually titled "Payment History") for the expected and legally required loan account receivable. Such a report when revealed as such is not admissible into evidence if the homeowner raises an objection. * In the alternative the homeowner can get such reports out of the evidence…[...]

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I am often sent documents to review. And most of the documents purport to grant authority to some person or entity to do everything (or at least something) necessary to complete the process of foreclosure. In virtually all cases documents that are allowed to appear are merely part of the illusion of authority and not the source of Authority. In…[...]

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Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6 pm Eastern Thursdays Anyone who participated in the 9/29/21 CLE Webinar "Examination and Challenge of Assignments of Mortgage" must have come away with at least this takeaway --- the devil is in the details. And as I repeatedly suggested…[...]

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As promised we are doing a follow-up telephone conference to my CLE presentation of "Examination and Challenge of Assignments of Mortgage". It was conducted live via ZOOM webinars at 3 pm on Wednesday, September 29, 2021.  The follow-up conference call details are below. I am announcing here to allow nonparticipants in the Webinar to listen to the Q&A. Participants can…[...]

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