For further information please call 954-495-9867 or 520-405-1688 ============================== see Massachusetts Settlement: Fine PLUS Curing Title Defects Martha Coakley gets it. She is the attorney general of Massachusetts. And she alone has enforced the law the way it should be enforced. When a bank or anyone else files a fraudulent foreclosure action they should pay […]

Tags: Bank of America (BOA), Chase, Citi, fine, title defects, Wells Fargo, wrongful foreclosure
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For further information please call 954-495-9867 or 520-405-1688 =============================== We have all seen it, heard and experienced it over and over again. In this case Wells Fargo offered a “temporary” modification, it was accepted and the trial payments were made. Wells Fargo said the modification offer and acceptance lacked consideration — the height of arrogance […]

Tags: acceptacne, consideration, contract, FORECLOSURE SETTLEMENT, LOAN MODIFICATION, offer, Wells Fargo
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For further information please call 954-495-9867 or 520-405-1688 ========================== Hat tip to anonymous The full case was 25 pages, I redacted to about 4 below, but very substantial topics and analysis on this similar to Rivera in full version. – A win on recovery of mortgage payments made to Wells, $73,000. – Loss on recovery of […]

Tags: bankruptcy court, disgorgement of mortgage payments, equity, foreclosure, Litton Loan, Ocwen, PROOF OF CLAIM, Thompson, Wells Fargo, Wisconsin
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For further information please call 954-495-9867 or 520-405-1688 ———————————————- see AppellateOpinion Holt v Calchas 4th DCA decision The clear assumption in this case is that Wells Fargo had stepped into the shoes of the lender and that if Wells Fargo did not win or if its surrogate did not win, it was assumed that the […]

Tags: assignment, business records exception, Cargill, Chase, consumer solutions 3 LLC, evidence code, Florida, Florida statute 90.803(6)(a), GLARUM V LASALLE, hearsay rule, Holt decision WAMCO decision, HUNTER V AURORA, Payment history hearsay objection, Servicer advances, SPS, TRUSTWORTHINESS, verbal act, WAMCO V INTEGRATED, WEISENBERG V DEUTSCH, Wells Fargo, YISRAEL V STATE
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For further information please call 954-495-9867 or 520-405-1688. We provide litigation support in all 50 states. ———————————– On an upbeat note, we are getting more and more communication from homeowners who have won their cases outright and not subject to confidentiality agreements. Fortunately these happy homeowners have realized that the fight is not yet over […]

Tags: bankruptcy, common law, contract law, Elizabeth Warren, equity, free house, judgment lien, principal balance, property law, unclean hands, Wells Fargo
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Banks Use Modifications Against Homeowners Click in or phone in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm EDT Thursdays It is bad enough that they outright lie to homeowners and tell them they MUST be 90 days behind in payments to get a modification. That isn’t true and it is […]

Tags: ATTORNEY FEES, damages, FCCPA, HDC, HOLDER, notice, PARAGRAPH 22 NOTICE, purchase for value, reinstatement, SAMAROO, Wells Fargo, where is the loan contract?
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: claims of "servicers", claims of "trustees" of REMIC trusts, claims of ownership of the debt, Federal court, Fraudulent misrepresentation by banks and servicers, Wells Fargo
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

Today is National Honesty Day. While it should be a celebration of how honest we have been the other 364 days of the year, it is rather a day of reflection on how dishonest we have been. Perhaps today could be a day in which we say we will at least be honest today about […]

Tags: appraisal fraud, auction fraud, Bank of America, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure fraud, foreclosure offense, modification, predatory lending, securitization, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

In a short written opinion Judge William J Zloch, formerly of Notre Dame football fame (quarterback and wide receiver) dealt a huge blow to bankers pretending to be lenders and servicers pretending to be bankers. For him the issue was simple. And he is right. His opinion contains irrefutable logic. Ocwen wanted to escape trial […]

Tags: Florida Southern District, Ocwen, trial by jury, waiver of trial by jury, Wells Fargo, Zloch
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Pleading, Servicer |

Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays It has been my contention all along that these cases ought to end in the discovery process with some sort of settlement — money damages, modification, short-sale, hardest hit fund programs etc. But the only way the […]

Tags: Bank of America, bank of new york, competency of witness, depositions, discovery, foreclosure defense, Mellon, modification, objections to discovery, personal knowledge, short-sale, Urban Lending Solutions, Wells Fargo
Posted in Corruption, evidence, foreclosure defenses, Modification, Motions, Pleading, Servicer |