Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm EDT Thursdays   If you learn anything it should be this: cases are not won or lost based upon the merits of each side. They are won and lost based upon perception and procedure. Everyone already knows what I…[...]

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As it relates to ownership of the subject underlying debt in a claim for foreclosure it is almost certain in every case that no trust exists. As it relates to ownership of some hypothetical interest in something that has nothing to do with the foreclosure, it is possible that a successful argument can be made for the existence of a…[...]

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You need both. One identifies the factual issues that are inconsistent with the claim against the homeowner. The other identifies the legal issues asserted by the foreclosure mill that are not supported by fact and the procedural issues and hurdles you must jump over to mount a successful defense. The obvious problem is that homeowners do not know where to…[...]

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The only thing I would add to this article is that homeowners and lawyers should find ways of supporting floridabulldog.org and attorney Bruce Jacobs. He has the courage to be "discourteous" to liars and thieves and those who are willing to wink and nod as fake documents are used to press false claims. see https://www.floridabulldog.org/2021/07/gundersen-ignores-tainted-bank-documents-to-justify-foreclosures/https://www.floridabulldog.org/2021/07/gundersen-ignores-tainted-bank-documents-to-justify-foreclosures/  [...]

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... the point you are (or should be) asserting is that the company being used as a source of documents and source of testimony (the apparent servicer) about the homeowner transaction had nothing to do with the origination, maintenance, administration, accounting, custody, collection or enforcement of the rights and obligations arising from the original transaction. Therefore nothing it wants to…[...]

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PRESS RELEASE—for immediate release July 1, 2021 For inquiries, please contact: admin@apropertyownersnetwork.org 941-237-0558 American Property Owners Network Plans to Help Pandemic Victims Fight Foreclosures You are Invited to APON's Online Q & A 4:30 PM EST, Tuesday, July 6th Click Here for the link and contact information to register (subject to approval) for the public to join the introductory Webinar):…[...]

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you can use your knowledge ... to ask for things that the foreclosure mill will never provide even though they are required to do so under the rules of civil procedure and more importantly under the terms of a court order issued by the judge commanding them to comply with the discovery demands. That is where most homeowners prevail in…[...]

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Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 3pm Pacific Thursdays Bill Paatalo will join host Charles Marshall to discuss how lenders behind securitized trusts such as US Bank, has no contact with the so-called certificateholders who would presumably possess bona fides to confirm the status particulars of…[...]

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It is not the act of forbearance that admits the existing default. It is the agreement or forbearance that creates an apparent waiver and release of all claims or crimes that might relate to challenges to the existence of the underlying obligation, existence of a financial loss (default), and challenges to any claim of Rights to administer, collect or enforce…[...]

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The full impact of this decision may not be known for years. But the immediate impact is that it gives homeowners a chance to move for remand back down to state court after attempted removal to Federal Court. Unless clarified later, which does not seem likely, this decision could mean that the Supreme Court of the United States says that…[...]

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Tags: FDCPA, Federal jurisdicition, FRCA, RESPA, state court jurisdiction on Federal claims, TILA
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