The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort […]

Tags: ATTORNEY FEES, damages, disgorgement, interpleader, sending documents to servicer, tender of payment, wrongful foreclosure
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading |

What is unique and instructive about this decision from the Montana Supreme Court is that it gives details of each and every fraudulent, wrongful and otherwise illegal acts that were committed by a self-proclaimed servicer and the “defective” trustee on the deed of trust. You need to read the case to see how many different […]

Tags: Bank of America, Bayview, damages, deceptive lending, deceptive servicing, fabrication, false recording, false utterance, FDCPA, forgery, fraud, Least sophisticated consumer, notarization, punitive damages, Sanctions, strict liability, US BANK, Wells Fargo
Posted in Uncategorized |

We get it. Judges don’t like statutory rescission under TILA. They are not required to like TILA rescission but they are required to follow it. This decision openly defies the SCOTUS ruling and refuses to apply it. Despite clear legislative intent to prevent banks from stonewalling rescission they are succeeding in doing so nonetheless as […]

Tags: 20 days, damages, disclosure, disgorgement, effective, foreclosure defense, foreclosure offense, fraud, jesinoski, Mortgage, note, securitization, TILA rescission
Posted in Uncategorized |

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 […]

Tags: 9TH CIRCUIT, borrower, class action, damages, disclosure, discovery, FDCPA, foreclosure defense, foreclosure offense, fraud, mail fraud, securitization
Posted in Uncategorized |

WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583  Our services consist mainly of the following: 30 […]

Tags: damages, disclosure, foreclosure defense, foreclosure offense, fraud, securitization
Posted in Uncategorized |

This is for general information only. For further information please call 954-495-9867 or 520-405-1688 Consult a lawyer before making any decisions based upon the content of this article or anything else on this blog. ==================================== see http://www.mpamag.com/news/foreclosure-settlement-funds-misspent-26697.aspx The media and the Bank lobby keep referring to illegal activity, risky or mismanagement. I call it a […]

Tags: 50 state settlement, damages, foreclosures
Posted in Uncategorized |

For additional information or assistance please call 954-495-9867 or 520-405-1688. ———————————— It is a complicated answer. The following is NOT a comprehensive answer which would the length of a treatise. see also Fla 4th DCA Beauchamp v Bank of New York Mellon, J Shahood reversed — Beauchamp v BONY-Mellon The Beauchamp case brings to the […]

Tags: 4th DCA, affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, beachamp, beauchamp, best evidence, damages, evidence, right of redemption, Shahood
Posted in Uncategorized |

Banks Use Modifications Against Homeowners Click in or phone in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm EDT Thursdays It is bad enough that they outright lie to homeowners and tell them they MUST be 90 days behind in payments to get a modification. That isn’t true and it is […]

Tags: ATTORNEY FEES, damages, FCCPA, HDC, HOLDER, notice, PARAGRAPH 22 NOTICE, purchase for value, reinstatement, SAMAROO, Wells Fargo, where is the loan contract?
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

In my newly formed practice and thanks to the diligent work of my partners at GGKW, we have discovered something that is over the top even by current standards in the current mortgage mess, to wit: servicers, banks and other entities are receiving complete payoffs of the mortgage upon the death of the insured homeowner […]

Tags: accidental death insurance, damages, mortgage bond insurance, mortgage insurance, PMI, Sanctions, Wells Fargo
Posted in Corruption, Eviction, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Carmen Reinhart: “No Doubt. Our Pensions Are Screwed.” http://www.zerohedge.com/news/2013-04-11/carmen-reinhart-no-doubt-our-pensions-are-screwed Editor’s Comment: It is nothing less than an insult to our intelligence. As the walls crumble around the myth of securitization, the banks are stepping up efforts — in concert with the agencies that are supposed to regulate them — to prevent people from doing simple […]

Tags: attorneys, damages, Elizabeth Warren, Federal reserve, FORECLOSURE REVIEW, OCC REVIEW, Privacy, sherrod brown
Posted in Eviction, securities fraud |