Archives by Tag ' foreclosure defense '
Jun 6, 2008

This is a developing resource for attorneys and borrowers to assist them in creating strategies and tactics in foreclosure defense and offense. Assistance and comments regarding bankruptcy jurisdiction is also covered. Bottom Line: The procedure invoked by the mortgage meltdown scheme defrauded investors (false ratings and insurance) in asset backed derivative securities, who were the […]

Jun 2, 2008

HERE IS AN OUT-OF-THE BOX OFFENSIVE PROCEDURE WE PROPOSE. YOUR COMMENTS APPRECIATED. IT IS BASED UPON THE ASSUMPTION THAT THE LENDER ASSIGNED OR TRANSFERRED OR SOLD THE MORTGAGE AND NOTE RIGHT AFTER THE CLOSING ON YOUR TRANSACTION. LOGICALLY THEN THE PERSON TO WHOM YOU WOULD ADDRESS YOUR TILA, FRAUD, AND DECEPTIVE AND UNFAIR PRACTICES CLAIMS […]

Jun 2, 2008

it is a lesson again to practitioners like myself who were convinced there was no answer to the “final order” conundrum: No matter how crazy the tactic might sound, you’re only wrong if you lose. Appeal Your Own Victory? Yes, Indeed! By Wendell Sherk, Missouri Attorney on Jun 2, 2008 in Bankruptcy Cases of Interest,Bankruptcy Practice and Procedure, Chapter […]

May 30, 2008

The good news is that there are people out there who are looking to help you. The bad news is that most of them are not out to help you but rather to help themselves. Check references carefully. Beware of big promises and too little information. Foreclosure defense in the mortgage meltdown and credit crisis […]

May 30, 2008

People ask me, will they really settle? Of course the question is from borrowers and they are asking if they can actually do something about the millions of foreclosures, default cases and upside down equity cases totaling more than 10 million homes in the U.S. alone. The answer is yes, especially now — because the […]

May 30, 2008

For those frustrated with the process of automated attendants and talking with people who have a screen in front of them with a script written for them (and where they will be fired if they don’t use it), we offer the following: To get to a live operator Push zero repeatedly or say “operator” or […]

May 29, 2008

This ought to help you. It is a lot of reading but it has a lot of meat in it. bear-stearns-story  

May 29, 2008

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 […]

May 29, 2008

IF YOU ARE TAKING YOUR LENDER BANK TO COURT OR VICA VERSA, HERE IS MORE FUEL TO THROW ON THE FIRE — THEY EVEN LIED TO OTHER BANKS — INTENTIONALLY SO THEY WOULDN’T APPEAR DESPERATE FOR MONEY.  The Mysteries of Libor And Other Revelations…   THERE CAN BE NO DOUBT THAT THE FINANCIAL SYSTEM IS […]

May 28, 2008

IT ALL COMES DOWN TO THIS: LENDERS DIDN’T CARE ABOUT THE QUALITY OF THE LOAN OR THE IMPACT ON BORROWERS OR INVESTORS (INCLUDING THEIR OWN SHAREHOLDERS). THEY WERE PREPARED TO FALSIFY ANYTHING AND USE ANY MISREPRESENTATION OR PRESSURE TACTIC THEY COULD TO GET THE LOAN SOLD AND THE BORROWER TO SIGN. THEY PRETENDED THEY HAD […]