“If we accept the Bank’s argument, then we are creating new law. Under the new law a borrower would owe money to a non-creditor simply because the non-creditor procured the borrower’s signature by false pretenses. The actual lender would be unable to retrieve money paid to the fake lender and the borrower would receive credit […]

Tags: ACH instructions, ACH receipt, BFP, Bill of Rights, BofA, Bona Fide Purchaser for value without Notice, CALIFORNIA, Chase, insurable interest, MERS, Motion Practice, Reg Z, table funded loan, Wells Fargo, wire transfer instructions, wire transfer receipt
Posted in bubble, Corruption, Eviction, securities fraud |

CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s […]

Tags: 9TH CIRCUIT, Flagstar, Master Servicer, Medrano, qualified written request, QWR, Reg Z, RESPA, servicer, single transaction doctrine, subservicer, TILA, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Product by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual For Customer Service call 1-520-405-1688 —————————————————————————– No doubt some of you know that we have had some challenges regarding the Forensic TILA analysis. It’s my fault. I decided that the plain TILA analysis was insufficient for courtroom use based upon the […]

Tags: appraisal fraud, APR, asymmetry of results, banks, bond holder, credit bid, creditor, foreclosure, forensic audit, Forensic TILA Analysis, HAMP, homeowners, investors, lawyers, real money funding, Reg Z, reset payments, RESPA, securitization, servicer, TILA audit, two closings
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: In my many conversations with both attorneys and pro se litigants they frequently express intense frustration about those invisible relationships and entities that permeate the entire mortgage model starting in the 1990’s and continuing to the present day, […]

Tags: appraisal fraud, attorney general, auction fraud, closing table, DocX Indictment, fiduciary duty, fiduciary relationship, foreclosure fraud, FORECLOSURE SETTLEMENT, foreclosures, forgery, housing market, housing prices, investors, MERS, mortgage fruad, mortgages, PSA, Reg Z, Robo-Signing, settlement, strategic default, Substitution of Trustee, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

THE BOTTOM LINE IS THAT CASE LAW IN VARIOUS CASES REPORTED IN THIS BLOG SHOWS THAT WHEN ONE INSTITUTION CONFRONTS ANOTHER, THE APPARENTLY INFERIOR LIEN BECOMES EITHER SUPERIOR, OR THE ONLY LIEN. CONDOMINIUM ASSOCIATIONS, HOMEOWNER ASSOCIATIONS TAKE NOTE: YOUR LIEN MIGHT BE WORTH THE ENTIRE HOUSE IF YOU FILE FOR A DECLARATORY ACTION RAISING THE […]

Tags: ASSOCIATION LIEN, HELOC, PRIORITY OF LIENS, Reg Z, SECOND MORTGAGE, table funded loans, truth in lending, UCC
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

APPRAISAL FRAUD IS THE ACT OF GIVING A RATING OR VALUE TO A HOME THAT IS WRONG — AND THE APPRAISER KNOWS IT IS WRONG. This can’t be performed in a vacuum because there are so many players who are involved. They ALL must be complicit in the deceit leading to the homeowner signing on […]

Tags: access to the information, Appraisal, appraisal company, appraisal fraud, builder, closing agent, credit cards, deceitful lending practices, developer, errors and omissions insurance, fair market value, false appraisal, fees, fraud, HERS, insurance, kickbacks, lenders, MORTGAGE BROKER, profit, rating, reabtes, Reg Z, TILA, title agency, trustee, Truth in Lending Act, value, verification, yield spread premium, YSP
Posted in Uncategorized |

“of AAA-rated subprime-mortgage-backed securities issued in 2006, 93 percent — 93 percent! — have now been downgraded to junk status.” Editor’s Note: What homeowners and their lawyers, forensic analysts, and experts need to realize is that the ratings scam on Wall street was only one-half of the equation in a scheme to defraud homeowners. If […]

Tags: Appraisal, appraisers, lender, Moody's, PAUL KRUGMAN, Raters, rating agencies, Reg Z, Senate’s Permanent Subcommittee on Investigations, Standard & Poor's, TILA, verification
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer. While mostly helpful in foreclosure defense,  the rule leaves open the question of ownership of […]

Tags: agents, AGGREGATOR, consumer protection, contact information, creditor, foreclosure defense, legal notices, MERS, mortgage backed securities, mortgage loans, principal residence, Real Estate Settlement Procedures Act, Reg Z, resolve payment issues, RESPA, secured, statutory damages, TILA, violation
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

§ 226.15  Right of rescission.    (a)  Consumer’s right to rescind.  (1)(i) Except as provided in paragraph (a)(1)(ii) of this section, in a credit plan in which a security interest is or will be retained or acquired in a consumer’s principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right […]

Tags: borrower, creditor, foreclosure defense, foreclosure offense, Reg Z, rescission, Truth in Lending Claims
Posted in bubble, Corruption, Eviction, securities fraud |