Tom Ice has been a successful litigator for homeowners challenging foreclosures. In 2015 he wrote an article that was published in the Florida Bar Journal detailing exactly what was wrong with the legal analysis in the courts. He pointed out exactly what was happening: * SEE https://www.floridabar.org/the-florida-bar-journal/negotiating-the-american-dream-a-critical-look-at-the-role-of-negotiability-in-the-foreclosure-crisis/ * Over time, the complaints have evolved such that the word “holder” has been…[...]

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The problem with zombie foreclosures is not what you think, at least not entirely. You probably sum up the problem as the banks need to foreclose so they can't least write off the debt. They then abandon the properties if the economic analysis shows that there is a net loss if they take over maintenance, taxes etc. This view is…[...]

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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 Most people are thinking theater. Perry Mason. Some point in litigation where someone admits to being a lying thieving murderous scoundrel. That doesn't happen in real courtrooms for the most part and it certainly does not happen in…[...]

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...homeowners would do well to consider the possibility that they don't deserve to be dunned in collection or foreclosure because they are only the victims of a perverse scheme that gives them money to sign papers and then punishes them for having done so I take the position that if the investment banks want to make millions for each $100,000 in…[...]

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Tags: housing market, Wells Fargo
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Warehouse lending is a legitimate method of financing. I borrow money from you in order to lend money to Jane Smith. In effect, it is arbitrage of interest rates since the interest rate on my loan is less than what I charged to Jane. I am Jane's lender and I establish on loan account receivable on my books with a…[...]

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there is nothing wrong with homeowners winning these cases. Nobody is getting hurt when homeowners win. But everyone gets hurt when the investment banks win using hidden interemdiaries and sham conduits to profit off the misery of homeowners. virtually none of the information put out by the government, private businesses or banks is correct. None of them have any right,…[...]

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The goal of the foreclosure defense strategy is to undermine the ability of the foreclosrue mill to put on a case --- not to prove that the allegations are wrong. * Let me first correct what I think is a misimpression or misapprehension: Defense of a civil case in court consists of two possible strategies --- usually used in conjunction…[...]

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Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with California consumer rights attorney Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Homeowners Don't deserve to receive correspondence stating that they're delinquent or in default from someone based on an unsigned letter that is sent using the letterhead of a company that is only pretending to be a…[...]

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One of the bigest lies in documents related to transctions with homeowners is "for value received." In most cases no such "value" was paid or received by either of the parties to that document. Paper checks have become a thing of the past. We have been too quick to assume they are not necessary --- like paper ballots. But without…[...]

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It's no magic bullet but it can be used effectively. Why the “Holder in Due Course” Argument Matters If you are facing foreclosure, you might hear about something called a holder in due course (HDC). This term basically means a person or company that legally owns the loan and has rights to collect on it. To be a true holder…[...]

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Tags: foreclosure defense
Posted in Fabrication of documents, foreclosure defenses, legal standing |