Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving […]

Tags: ABN AMRO, acquisition, authority to represent, Bank of America, demand letter, foreclosure, foreclosure defense issues, LaSalle bank, merger, modification, notice of acelleration, Notice of Default, Power of Attorney, reinstatement, rocket docket, sec.gov, servicer, sucessor by merger, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

You must remember the judiciary moves slowly is assimilating new facts or patterns in the marketplace. In order to break through a Judge’s preconception of the mortgage origination process, you need to have something that is clear in is presentation of facts, and obvious in its impact. The reasons for having analysis performed by an […]

Tags: affordability, April Charney, audit, brad keiser, damages, deceptive lending, demand letter, Discrepancies, DVL, evidence, facts, forensic analysis, independent third party, latent violations, MAX GARDNER, patent violations, predatory lending, programming, QWR, refunds, REPA, TILA
Posted in bubble, Corruption, Eviction, securities fraud |

In practice, this surfaces as a demand letter, affidavit or assignment or other document used by the pretender lender to establish its case. The path to defeat of the homeowner is paved when they fail to object to the introduction of these documents as anything other than an allegation that raises a question of fact. […]

Tags: 6th Amendment, affidavits, allonge, assignment, Briscoe v. Virginia, demand letter, FOUNDATION, law firm, limited signing officer, Melendez-Diaz v. Massachusetts, MERS, personal knowledge, reports, service mills, servicing company, Supreme Court, voir dire, witness
Posted in bubble, Corruption, Eviction, securities fraud |

events-coming-up-for-garfield-continuum-and-garfield-handbooks New comment on your post #214 “Glossary: Mortgage Meltdown and Foreclosure” Comment: A question on TILA and Non-judicial Foreclosure for anyone who knows the answer; Does a rescission letter that is timely and certifiably mailed to all appropriate parties (lender, assignee, servicer, trustee) prevent/nullify a pending non-judicial foreclosure sale? Would appreciate any information that […]

Tags: common law fraud, demand letter, disclosure, foreclosure defense, mortgage audit, rescission letter, RESPA, RICO, securities fraud, stopping the foreclosure sale, TILA audit
Posted in bubble, Eviction |