Archives by Tag ' foreclosure '
In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently. In many if not almost all cases, the party seeking to exercise […]
As Neil Garfield explained to me and many of his clients and readers, the only thing most judges are interested in is where did the money go, who paid, who received and whether it was paid, and if in part, to what extent. One must be very careful to distinguish this from the “show me […]
Why This Opinion Matters Here is a case where counsel parsed the words and documents down to their essence—and won in circumstances where most would predict defeat. see Opinion 5-18-2023. The decision is important for several reasons. The Fact Pattern Plaintiff (Shetty) acquired title from the homeowner before the foreclosure sale and before the reinstatement […]
The bottom line in trial court actions defending foreclosures is that generally whatever you’re thinking about your defense, you need a little more than that. On Appeal, you need a lot more than what you are supposing will present the foundation for an opinion that reverses the trial court. I often hear lawyers who are […]
see Page v. Deutsche Bank Tr. Kudos to Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, Florida, for Petitioner William L. Grimsley and Kimberly Held Israel, Jacksonville, Florida, Daniel Alvarado, Elia Alvarado, South Florida Defense Group, Bowin Law Group, Michael Jay Wrubel, P.A., Jonathan Kline, P.A. “The certified conflict issue in this case is […]
What is clear to me is that nothing has changed except the government complicity in predatory lending practices is increasing despite the passage of Dodd Frank. A fact that keeps getting buried here is that Federal Law (Truth in Lending Act) puts the burden of determining affordability of an alleged loan product on the lender, […]
Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays This edition of the West Coast Foreclosure Hour features California attorney Charles Marshall who will address sanctions and motions directed at you as litigant and/or your attorney including: – removing lis pendens; – supposed failure to […]
MAIN NUMBER: 202-838-NEIL (6345). Get a Consult! https://www.vcita.com/v/lendinglies to schedule, leave message or make payments. Our Services: https://livinglies.me/2016/04/11/what-can-you-do-for-me-an-overview-of-services-offered-by-neil-garfield/ Register for Consultation here: https://live.vcita.com/site/lendinglies Have a Foreclosure Question? Get an answer NOW with the Foreclosure Information Service $49: https://live.vcita.com/site/lendinglies Fill out our FREE registration form at https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Thanks to Cementboots who posted this information on the […]
A woman claiming she had to sell her home because of her lawyers’ botched foreclosure work can move forward with her legal malpractice and fraud suit, a federal judge has ruled. Christine Bernstein sued Keaveney Legal Group along with lawyers James P. Keaveney and Joshua Thomas for violations of the Pennsylvania Unfair Trade Practices and […]
The same judges that consistently ignore defenses with respect to the endorsements, assignments, or other issues instantly recognize that where there is an error or break in the chain of title, the “bank” must step back, dismiss the foreclosure and start over again. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY […]
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