Archives by Tag ' fraud '
There is one issue in foreclosure cases that many homeowners overlook—and it can change everything. That issue is timing and something called the Statute of Limitations in Foreclosure Defense. Banks and servicers act like they can come after you forever. Like there is no deadline. Like once you fall behind, they can enforce the debt […]
Most homeowners walk into court assuming one thing that is almost always wrong: that a company like Shellpoint , trying to take their home, actually has the legal right to do it. That assumption is the entire game. Companies like Shellpoint Mortgage Servicing depend on it. They rely on the court—and the homeowner—not looking too […]
Every week, homeowners representing themselves in foreclosure court tell the same story. They knew something was wrong. The bank’s paperwork didn’t make sense. The numbers didn’t add up. The story kept changing. And yet—they lost. Not because they were wrong. But because the court never heard the right evidence, presented the right way, at the […]
The Myth of Personal FailureBanks want you to think foreclosure is your fault. It’s not. How Banks Rig the GameServicing errors, force-placed insurance, and fake fees create defaults. -MISLEADING LOAN MODIFICATION PROCESS AND PROCEDURES -UNREASONABLE DELAYS IN THE MODIFICATION APPROVAL PROCESS FOR HOMEOWNERS, INTENTIONALLY CREATED, IN ORDER TO PROCEED WITH FORECLOSURE AND SALE HOME SALE […]
Our homeowner clients know the importance of fraud claims to show lack of standing and other defenses and now so can you.
One of the most important things I learned from Neil Garfield in the time he was mentoring me and preparing me to take over his practice is this: When you’re trying to figure out who has the rights to your home loan, don’t get caught up asking about who has the paper note. Instead, focus […]
PSA ≠ Trust Agreement: The “Bare Naked Title” Trap Driving Modern Foreclosures TL;DR: A Pooling & Servicing Agreement (PSA) is not a trust agreement. In many MBS foreclosures, only bare legal title is shifted—without any transfer of the underlying debt. Under UCC 9-203 (adopted verbatim in all U.S. jurisdictions), no one can enforce a mortgage […]
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will discuss the curious case of blatant economic fraud on the entire country by investment banks. They figured out how to eliminate the risk of loss on lending, how not to […]
There is no doubt in the minds of most serious trial lawyers who dig deep enough that homeowners can and should win all or most of the foreclosure cases. There is also little doubt that homeowners will lose by default or by inadequate presentation and well-founded attacks on the foreclosing party’s existence and ownership of […]
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