Archives by Tag ' 9TH CIRCUIT '
The issue is jurisdiction. Lawyers filed papers for AWL but AWL was dissolved as a corporation. The lawyers countered with the allegation, on appeal, that AWL was a fictitious name for Countrywide without specifying the location of CW. Hence no diversity of jurisdiction could be supported by the allegations in the notice for removal. The […]
Judicial Arrogance and Intolerance Keeps leading back to the same point — that TILA Rescission is not common law rescission. Yet Judges continue to rule on TILA rescission as though it were common law rescission. Here again the 9th Circuit confirms what the Supreme Court of the United States has already said — neither tender […]
The court held that the FDCPA unambiguously requires any debt collector – first or subsequent – to send a section 1692g(a) validation notice within five days of its first communication with a consumer in connection with the collection of any debt. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN […]
Click in to tune in to: The Neil Garfield Show Or call in at (347) 850-1260, Tonight at 6 pm EST Thursday. The legal landscape is changing in California. After a foreclosure drought, Yvanova opened a floodgate of new decisions that bolster a homeowner’s right to challenge a fraudulent foreclosure pre- and post-sale. Joining us […]
by Charles Marshall, Esquire Gieseke Remand Order 5 20 16 from 9th Circuit THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. On the heels of Sciarratta v. US Bank, in the wake of Keshtgar v. US Bank, under the umbrella of Yvanova […]
It seems obvious that if a complete stranger to the transaction (see the wording from the San Francisco study), is attempting to enforce a debt or seek a foreclosure, they should have no rights at all. And if a party accepts a modification application, they are making several representations about their authority and what they […]
For further information please call 954-495-9867 or 520-405-1688 Important Message: This blog should NEVER be used as a substitute for competent legal advice from an attorney licensed in the jurisdiction in which your property is located. =============================== see http://openjurist.org/784/f2d/910/king-v-state-of-california-d-m The most popular question I get here on the blog and on my radio show is […]
CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s […]
CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s […]
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM THE BRIEFS: “MERS Cannot be and in fact is not the beneficiary of the DOT. There is no named beneficiary in the SOT and ANY and ALL beneficiaries must be named in the SOT. Therefore the SOT (and consequently the NTS) is […]
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