Archives by Tag ' standing '
Listen Here: https://youtu.be/jOeAe9zT5D0 Yesterday, attorney James “Randy” Ackley appeared on the Neil Garfield Radio Show. The show was a fascinating discussion about banks’ creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose. Neil and Randy addressed why the courts were allowing loan servicers to present evidence […]
by William Hudson Neil Garfield is adamant that if consummation did not occur, there can be no contract. His belief is supported by hundreds of years of contract law (including the marriage contract). In regards to marriage, most people know if consummation occurred, yet when it comes to taking out a securitized loan like a […]
By William Hudson 2015. Lewis v USBank-Motion-for-Rehearing Miami foreclosure defense attorney Bruce Jacobs accomplished what few attorneys have the commitment, perseverance and sheer guts to accomplish. However, he did so knowing he had a good criminal attorney in his corner- in case the court decided to sanction him, file a Florida Bar ethics complaint or […]
I don’t know how I missed this but 4closurefraud.com compiled a list of cases in which the banks lost. (See below) The basis on which they lost was simply the finding that the alleged Trust or Plaintiff did not own the debt, note or mortgage. This is the same as the San Francisco study that […]
Yvanova v New Century Mortgage 02182016 Supreme Court of California opinion By William Hudson Last week the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds […]
For further information please call 954-495-9867 or 520-405-1688 This is not a legal opinion on any case. Consult with an attorney. ============================= see Rodriguez v. Wells Fargo “The core element concerning to whom the note was payable on the date suit was filed was not proven.” Bottom Line: You can’t file a lawsuit without standing. […]
In observance of the Jewish holiday of Yom Kippur, my office will be closed Wednesday, September 23. The following article was scheduled in advance: ======================================= See Anh N. Tran, et al. v. Bank of New York SCOTUS Certiorari_SRCH READ THE ENTIRE BRIEF SLOWLY AND STUDY IT. I think we have another case here where the […]
For further information please call 954-495-9867 or 520-405-1688 NOTE: The rescission package we offer provides information on the specific loan of the borrower, whether rescission is an option, to whom the rescission letter should be addressed, whether your prior letter of rescission is effective, and how to prepare for further litigation regarding the effective date […]
For further information please call 520-405-1688 or 954-494-6000. ============================ see 4th DCA Salmon v Foreclosed Asset sales and Transfer CorpDOC042315 I have often reminded lawyers that Judges NEVER get reversed when they deny a motion for summary judgment. When they grant summary judgment in foreclosure cases, their vulnerability to a reversal increases exponentially. In the […]
For further information please call 954-495-9867 or 520-405-1688 =============================== We are starting to get a peek at the strategy the banks will employ in dealing with notices of rescission. In one case the homeowner sent the notice of BOA, who answered that they received it (one problem solved) and that the new servicer is Ocwen […]
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