Attack the “Successors” by Neil Garfield In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word “successor.” I have been saying...
Mortgage Fraud Daily News Update ⋅ April 3, 2021 Former Nike manager Errol Andam reaches plea deal on federal charges, faces up to 37 months in … oregonlive.com Andam agreed to plead guilty to charges of wire fraud, money laundering...
How to use “Unpublished” Opinions by Neil Garfield One of the peculiar aspects of foreclosure litigation over the past two decades has been the overuse (by appellate courts) of instructions not to publish opinions that favor homeowners in litigation. So the homeowner...
Mortgage Fraud News Daily Update ⋅ April 1, 2021 Lake County Recorder launching alert system to help thwart identity theft, mortgage fraud nwitimes.com The person then takes the deed to a bank, fraudulently obtains a mortgage and disappears with a...
Courts Are Wasting Time, Not Saving It: Apply the rules of evidence and both claims and defenses will fall. by Neil Garfield The excuse for the sloppy ways that the rules of civil procedure and the rules of evidence are applied in a case where the foreclosure process...
Allowing 5 million families to be evicted when moratoriums end, is not a solution. It’s problem by Neil Garfield Allowing 5 million people to be evicted when moratoriums end, is not a solution. It’s problem.Here is the solution for any landlord that owns rental...
How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents by Neil Garfield “Facial validity” consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents...
BERGEN COUNTY MAN ADMITS DECADE-LONG $80 MILLION FRAUD SCHEME NEWARK, N.J. – A Bergen County, New Jersey, man today admitted orchestrating a long-running bank and securities fraud scheme, which led to large-scale losses for financial institutions and investors, Acting...
Basic Premise in Foreclosure Defense: Documents Are Not Events by Neil Garfield The objective in foreclosure litigation is not to prove something. The objective is to prevent the claimant from proving anything. The fundamental error of most homeowners, lawyers, and...
FRAUD STOPPERS FRAUD ALERTPublic Service Announcement (PSA)Regarding Disbarred Attorney Michael Pines Disbarred Attorney Michael Pines Fraud Warning Alert Mr. Michael Pines, [AKA: Michael Roberts] was released from prison and the CA state mental facilitate and...
“Modifications” and Mediations are Opportunities for Homeowners to Deliver Blows and Setbacks to Self-proclaimed “Servicers” by Neil Garfield When presented with a situation in which a court has ordered mediation or where a proposed modification has been offered,...
How Homeowners Can Win On Appeal in Foreclosure Cases by Neil Garfield 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...
The “Holder” Myth: How Wall Street Baffles the Courts Posted on March 3, 2021 by Neil Garfield In a very recent deposition expertly done by a lawyer in an extremely conservative state, the grossly illegal plan to falsely present a scenario of “securitization of loans”...
Steps to save your home from foreclosure First, contact your lender to understand your options. In most cases, it’s usually a loan modification or forbearance. Loan modification will lower your monthly payment, but it could affect the amount of interest you’ll pay....
Why You Need to be Thinking About GAAP by Neil Garfield For 15 years I have tried to get CPA auditors to enter the field of expert witnesses against the investment banks. While some have nibbled at the line, none have taken the bait or come on board. So homeowners and...
Foreclosure Moratoriums are a Trap Designed to Set You Up for Total Economic Collapse Foreclosure Moratoriums Extended to drive you even further into debt and evitable financial ruin. If you think the government is going to come and save you and you will get a free...
Why Fraud Charges Keep Getting Kicked Out by the Courts by Neil Garfield This is tricky. I have often had complaints dismissed because I didn’t make it over the threshold requirements for surviving a motion that attacks the elements of fraud. So in answer to...
Atlanta attorney disbarred, arrested and extradited to Walton Co. on fraud charges FOX10 News On February 2, 2021 DeKalb County Police Department received a tip from Crime Stoppers regarding Dickason’s location on Echo Trail in Atlanta, … Look at the Name...
Mortgage Fraud Whistleblower Gets Fees Tied to $15 Million Deal A False Claims Act whistleblower will receive $152,327 in attorneys’ fees and costs for her role in bringing about a $15 million settlement between the federal government and Guaranteed Rate Inc. for...
Missouri County Sheriffs Will Arrest Feds Who Violate Second Amendment Under Biden The Commission of Newton County, Missouri passed legislation in February that will empower local law enforcement officials to arrest federal agents who attempt to violate the Second...
Mortgage Fraud Daily NEWS Update ⋅ February 10, 2021 First American launches mortgage fraud recognition tool Mortgage Professional America … has launched a new tool that allows lenders and investors to more precisely identify the risk of fraud...
Wall Street is Lying to Investors of All Stripes by Neil Garfield Like always, there is the “in-group” and then everyone else. Ocwen is viewed as a hot trade even though it has no discernable business base other than receipt of income from conduits or sham...
Well, Isn’t This Special… Posted on February 4, 2021 By Sydney Sullivan In the process of research for a homeowner in the throws of foreclosure hell, albeit stayed in moratorium for the purposes of COVID as a “Federally backed mortgage loan” pursuant to the 2020...
Foreclosure NEWS Daily Update ⋅ February 6, 2021 All Year files last-minute lawsuit to block Bushwick mezz foreclosure The Real Deal A day before the scheduled UCC foreclosure sale of its trophy Bushwick rental project, Yoel Goldman’s All Year...
13 Questions: Here is what the OCC said should be minimum operating standards for “servicers” by Neil Garfield On April 19, 2013, the Office of the Comptroller of the Currency (OCC) published “Operating standards for scheduled foreclosure sales.” This was...
Ocwen (PHH) Slammed with Lawsuit by 33 State Attorneys General by Neil Garfield Let them know what you think!!! The new suit is about charging illegal fees. But if the attorney generals of each state want real leverage they need only demand discovery responses to one...
Foreclosure Daily NEWS Update ⋅ February 1, 2021 New foreclosure rules align state law with Michigan Supreme Court ruling Iosco County News Herald County treasurers notify property owners of foreclosure. The delinquent tax process is a roughly...
WHAT IS A SERVICER ADVANCE? According to Ocwen it has zero credit risk and is not really an advance by Neil Garfield One place where securitization players and foreclosure players don’t lie is in reports that are formally filed with the SEC. So in my research, I...
Watch Out for Foreclosure Rescue Scams and Promises of Modification Everett man pleads guilty to mortgage scam The manager of an Everett, Washington, call center pleaded guilty Tuesday to a scam that took $2.5 million from about 1,000 distressed homeowners who were...
Foreclosure NEWS Daily update ⋅ January 26, 2021 Foreclosure suit hits Palmer House retail space Crain’s Chicago Business As the owner of the Palmer House Hilton hotel grapples with a $338 million foreclosure lawsuit amid the COVID-19 crisis,...
Foreclosure NEWS Daily update ⋅ January 25, 2021 Summit County Public Trustee extends moratorium on foreclosures Summit Daily News It also prohibits loan servicers from initiating or proceeding with a foreclosure. Under the moratorium, mortgage servicers are...
foreclosure Daily NEWS update ⋅ January 22, 2021 FHFA extends foreclosure, eviction moratorium to February HousingWire This marks the fifth time the FHFA has extended the eviction and foreclosure moratorium on a program originally set to expire in...
Mortgage Fraud Daily update ⋅ January 21, 2021 NEWS Atlanta area woman’s 2005 sentence for mortgage fraud scheme commuted by Trump 11Alive.com WXIA According to the Atlanta Business Chronicle report, McFarland was the ringleader in a mortgage...
Modifications Are Part of the Big Lie: Don’t send that application for modification if you don’t want to waive important rights. by Neil Garfield The application for modification licenses New Rez aka PHH aka Ocwen to sell, distribute the personal data and transaction...
For a FDCPA lawsuit. Debt collectors must do these things First, as promised, the short list of things that debt collectors MUST do when they contact you: Tell you they are attempting to collect a debt Tell you that any information you tell them will be...
If you have CYNTHIA RILEY’s “signature” on any document in your chain of title you need to read this. Same for Jess Almanza. Posted on January 12, 2021 by Neil Garfield MFI-Miami has a file cabinet filled with foreclosure files containing Riley’s stamp that weren’t...
Florida Supreme Court Reverses: Homeowners can recover attorney fees even if they prove lack of standing when they win by Neil Garfield see Page v. Deutsche Bank Tr. Kudos to Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, Florida, for Petitioner William L....
What Happened With Your “Loan” — By admitting that you received a loan you lose. by Neil Garfield The plain truth is that homeowners are losing their cases through asymmetry of information. They think they understand when they do not have a clue. They are admitting...
Mortgage Fraud Examiners is on the forefront of a new trend in foreclosure defense! Do you know that APPRAISAL AND MORTGAGE FRAUD CAUSE AN ESTIMATED 83% OF ALL MORTGAGES TO BE LEGALLY PROBLEMATIC? This is due to the overappraising of homeowners’ properties and...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Qui Tams, Class Actions, and Mass joinders in Wrongful foreclosure and Mortgage Fraud Lawsuits? Qui Tam? Class Action? Mass joinder? Wrongful foreclosure? by Neil Garfield The problem with qui tam in connection...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS CFPB Final Debt Collection Rule v. NPRM With the Consumer Financial Protection Bureau’s (CFPB or Bureau) release of its final debt collection rule on Friday, everyone is wondering the same thing: how does the final...
JOIN NOW The Key to Winning is Aggressive Discovery and Compliance with Court Orders by Neil Garfield I have just received a slew of inquiries about what to do when the foreclosure mill files evasive responses and objections. Here is the answer. Discovery consists of...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Crowther pleads not guilty to new federal fraud charges A Federal Grand Jury has returned a superseding indictment charging Casey Crowther with new charges after initially being accused of using COVID-19 relief funds to...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Foreclosure Fraud NEWS We need to start asking the right questions when in Foreclosure. We need to start asking different questions as the Show Me the Note theory does not work. When they do produce the Note, there is an...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS BANKS ARE STEPPING UP ATTACKS ON THIS SITE Posted by Neil Garfield The banks employ a fairly large army of people whose job it is to discredit meritorious foreclosure defenses. Their job is to convince the public and...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Is it identity theft or invasion of privacy? by Neil Garfield They have stopped calling the certificates mortgage bonds because they have nothing to do with the mortgages and they are not bonds. Hat tip to...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS More Details on VendorScape, CoreLogic and Black Knight by Neil Garfield Hat tip to “Summer chione” So it is apparent that the banks are responding to discoveries about how orders are transmitted to lawyers,...
Post Judgment Assignments Continue to Baffle Homeowners and Foreclosure Defense Lawyers Posted on December 4, 2019 by Neil Garfield Charles Koppa in San Diego was the first person to point out to me that the activities after even a nonjudicial sale told the...
OPEN LETTER TO PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES REGARDING MORTGAGE FRAUD & FORECLOSURE FRAUD OPEN LETTER TO PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES Donald J. Trump, Republican Party nominee for President of the United States Mike Pence,...
Stop Foreclosure & Mortgage Fraud Sue for Mortgage Fraud Get the FACTS & EVIDENCE you need to save your piece of the American Dream Overturn the tables on the money-changers and make them pay you to go away! FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS NEW...
Save your house from foreclosure and sue the banks for mortgage fraud with FRAUD STOPPERS PMA FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Boilerplate Answers to Discovery Won’t Cut It. If Plaintiff does it, they lose the claim. If Defendant does it, they lose the...
Thousands of Homeowners Win Against the Banks: Here is Why You Never Hear About It By Neil Garfield You made all that revenue possible by signing a note and mortgage in favor of someone who was not lending you any money. Nobody told you about that. And nobody told you...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 30, 2020 STOP FORECLOSURE NEWS Brooklyn developer duo hit with foreclosure lawsuit The Real Deal Brooklyn developers Joseph Brunner and Abe Mandel are caught...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 29, 2020 FORECLOSURE NEWS NOTICE OF FORECLOSURE Tax Map No: 076A3 (08) 102 Coalfield.com NOTICE OF DEFAULT AND FORECLOSURE SALE, made this 8th day of September,...
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Stop Foreclosure News September 25, 2020 ATTENTION: you may be eligible for financial compensation for mortgage fraud, clear and free title to your home, or both! Take action right now before your options for compensation end. Register for a FREE MORTGAGE FRAUD...
ATTENTION: you may be eligible for financial compensation for mortgage fraud, clear and free title to your home, or both! Take action before your options for compensation end. Register for a FREE MORTGAGE FRAUD ANALYSIS FRAUD STOPPERS Foreclosure News Daily Update ⋅...
FRAUD STOPPERS Foreclosure News and Updates ATTENTION: you may be eligible for financial compensation for mortgage fraud, clear and free title to your home, or both! Take action right now before your options for compensation end. Register for a FREE MORTGAGE FRAUD...
Foreclosure News FRAUD STOPPERS is the #1 company providing Foreclosure News, Stop Foreclosure, Mortgage Fraud, Wrongful Foreclosure, Quiet Title, Short Sales, Loan Mods, Refinance, Attorneys, Credit Repair, Bankruptcy documents, and more! Save time & money...
Foreclosure News Daily Update ⋅ September 15, 2020 FRAUD STOPPERS is a National Private Members Association that provides Foreclosure News and Cutting Edge Mortgage Fraud & Foreclosure Litigation Support Products & Services to Law Firms, Foreclosure...
How To Determine Who Has Standing to Foreclose When You Have Multiple Plaintiffs in a Foreclosure Case Who Has Standing to Foreclose? Due to the improper negotiation, transfer, and delivery of the mortgage loan contract throughout the securitization process...
California courts lift eviction and foreclosure moratorium leaving more than 365,000 CA households at risk of eviction and homelessness. The Judicial Council of California voted 19-1 on Thursday to lift its moratorium on most evictions and foreclosures....
How to Analyze A Purported Assignment of Mortgage or Promissory Note by Neil Garfield The execution of any document does not by itself create a legal event. First, the document is only valid if it memorializes an actual event. Second, the document is...
Gary Dubin, Esq. Scores Another Foreclosure Victory for Homeowners in Hawaii in Notorious LSF9 Case New post on Livinglies’s Weblog by Neil Garfield More kudos to Gary Dubin who keeps producing favorable decisions for homeowners. This ruling is important for a...
How to Use Experts to Win Your Foreclosure Case The first thing you need to know is that the banks will never bring their own expert to contradict your expert. The second thing you need to know is that the use of an expert is complicated if you really want to achieve...
How to Challenge the Alleged Sale of your Mortgage Loan Debt to a Third-Party Debt Collector to Fight Foreclosure using the Uniform Commercial Code (UCC) Under the laws of all states that adopted Article 9 §203 of the Uniform Commercial Code (all 50 states) a...
Mortgage Loan Default is NOT a Real Default Unless Someone Owns Your Debt and Can Prove Financial Loss It’s Not a Default If You Stop Paying — Unless Someone owns Your Debt and Can Prove Financial Loss by Neil Garfield posted 07/27/2020 NOTE: BE AWARE THAT WELLS FARGO...
BBB Scam Alert: Foreclosure Rescue Scams By Better Business Bureau. July 16, 2020. Are you facing the threat of losing your home? Be wary of individuals and companies offering to “help” you out of your difficult financial situation. Consumer advocates...
FRAUD STOPPERS PMA is the #1 Company for Hybrid Legal Services. Stop foreclosure. Save Your Home. Sue the Bank. Sue for quiet title or wrongful foreclosure. Loan modifications, short sales, bankruptcy, credit repair, Bloomberg Mortgage Fraud Securitization Audits,...
Foreclosures on the rise but mortgage lenders still not helping homeowners How Banks Can Avoid a Repeat of the 2008 Foreclosure Crisis by Michael Olenick July 09, 2020 U.S. homeowners are struggling to stay on top of their mortgages — and the problem is likely...
Wells Fargo Bank N.A as Trustee v. John L. Reed Barclays Bank PLC Plaintiffs Error #4 Bill of Sale shows $1,214,208,.30 Download and read entire PDF 1_16_09_Amended_Motion_to_Vacate_a_Void ...
1. When can I start foreclosure under these 4 scenarios:A. No Act 91 or Act 6 notice has yet been sent. Do I wait until Sept. 1 to send it?Yes, and, even if a notice is sent prior and the debtor rceived it, it will be deemed to have been sent Sept. 1, 2020.B. An Act...
How long does foreclosure take in my State? Home foreclosures can take a few months to a few years depending on your state laws and what actions you take to stop the banks from illegally foreclosing on your home. Every three months, more than 250,000 American homes...
Beyond Show Me the Note is Show Me the True Holder of the Note with Rights to Enforce How to Use the Business Records Exception to Hearsay Rule to Keep Out “Servicer” Records in Foreclosure Cases Posted on July 2, 2020 by Neil Garfield Fundamentally you must...
MORTGAGE ASSIGNMENTS AS EVIDENCE OF FRAUD Lynn Szymoniak, Esq., Editor, Fraud Digest, szymoniak@mac.com In the past ten years, hundreds of thousands of residential mortgages were bundled together (often in groups of about 5,000 mortgages), and investors were offered...
The Hidden Costs of Homeownership Mortgage interest rates have dropped precipitously and that puts homeownership within reach for more people than ever before. But before you jump at the substantial opportunity the real estate and financial markets may...
7 Best Homeowners Insurance Companies of 2020 INSURANCE 7 Best Homeowners Insurance Companies of 2020 UPDATED: MAY 11, 2020 10:23 AM ET | ORIGINALLY PUBLISHED: JANUARY 27, 2020 The average American homeowner spends more than $1,200 a year on homeowners insurance....
Making an Offer on a House? 11 Strategies to Win June 24, 2020 by Emily Huddleston Share on facebook Share on twitter Share on linkedin Share on pinterest So you’ve found your dream house and you’re ready to make an offer, but how do you make sure your offer stands...
Former Mortgage Company President Ronald J. McCord Indicted in multimillion-Dollar Fannie Mae Mortgage Fraud A former mortgage company president has been charged with 24 counts of financial fraud in a multimillion-dollar mortgage swindle, according to the Justice...
Wisconsin Foreclosure Defense Attorney & Whistle-Blower Wendy Nora Exposes Forged Documents used in Illegal Foreclosures Nationwide Posted on June 5, 2020 by Neil Garfield Dear Attorney General Kaul, * My name is Wendy Alison Nora. I am writing to you with a copy...
According to Neil Garfield Lawyers Lose Foreclosure Lawsuits…. This will probably get me in plenty of hot water with lawyers. Homeowners should be winning foreclosures most of the time. The reason they don’t? — Ineffective Counsel. Posted on April 24, 2020 by...
Carrington Forced to Pay Garland Texas Woman $755,000 in Foreclosure Fraud Lawsuit Jury awards Garland woman $755,000 in lawsuit alleging foreclosure fraudAuthor: Teresa WoodardShe purchased her home in 2001, and paid on it for 14 years, but began to fall behind in...
Illegal Foreclosures Amid COVID-19 Foreclosure and Eviction Moratoriums Although several State Governors have issued temporary moratoriums on foreclosures and evictions, banks and loan servicers are still committing illegal foreclosures and evictions using fraudulent...
How Homeowners Can Weaponize Mediation Processby Neil GarfieldIn the 9th Circuit Court in and for Orange County, Florida the following administrative order has been issued:see 2012-06-03-Amended-Residential-Foreclosure-Mediation-Procedures-Orange-County The order...
The Time to Act is Right Now. You Can Benefit from the Current Coronavirus Outbreak Eliminate Your Mortgage using Current Federal Law! The timing has never been better to stop foreclosure and put your mortgage lender or loan servicer in default and set yourself...
Deutsche Bank National Trust Company Does NOT Legally Exist as Trustee for Borrower Loans Deutsche Bank National Trust Company Legally Exists as a Company, But Not as Trustee for Borrower Loans Posted on March 10, 2020 by Neil Garfield Several readers have sent me...
Quiet Title is Not as Easy as It Sounds, But It Could Lead to Successful Strategies and Tactics Posted on February 18, 2020 by Neil Garfield The failures to disclose material facts providing the real context of the “loans” deprived borrowers of choice between lenders...
Has Your Fannie Mae Mortgage Been Sold to Private Investors? You can get a trial ready Chain of Title Investigation and Expert Witness Affidavit to prove who the real holder of the note is, and is not, by clicking here Quoting Neil Garfield: There is a...
JOIN FRAUD STOPPERS PMA TODAY AND GET A FREE FEDERAL FDCPA LAWSUIT and SAVE YOUR HOME FROM FORECLOSURE…. For details click here FDCPA Claims Might Not Be Barred By Statute of Limitations by Neil Garfield Here is a powerful argument that SCOTUS...
Mortgage Loan Servicers Tricking Homeowners into Renewing Statue of Limitations on Mortgage Debts to Illegal Foreclose on Homes Collection Letters Can Renew Statute of Limitations by Neil Garfield The courts had previously protected borrowers as much as...
Banks are using “settlement” as a means to fill title gaps. Don’t fall for it. Posted on December 18, 2019 by Neil Garfield So what the bank lawyers are trying to do is put us to sleep with the legalese wording and essentially appear to be saying one thing when in...
Monette Saccameno v. U.S. Bank N.A., trustee and Ocwen Loan Servicing LLC 7th Circuit Affirms $582,000 Punitive Damages Against Ocwen Posted on December 3, 2019 by Neil Garfield “We are not sure how many human errors a company like Ocwen gets before a jury can...
How Borrowers Could Make Money from Mortgages and Foreclosures Originally posted by: Neil Garfield Take a step back and then look at this situation from a wider perspective. Understand that the real deal was the issuance of multiple levels of securities...
How to Use The Burden of Proof in TILA Rescission to Save Your House from Foreclosure Originally posted by Neil Garfield Another analysis just completed for a client: The situation is that the homeowner sent a notice of rescission under the TILA...
AURORA LOAN SERVICING ADMITS TO FABRICATING ALLONGES / INDORSEMENT PAGES TO ILLEGAL FORECLOSE ON HOMES Originally posted by Neil Garfield https://livinglies.me/2019/09/24/about-that-original-note/ Edward Hyne, Nationstar’s Rule 30(b)(6) witness refers to the...
Why You Should Always Challenge Loan Servicer’s Standing to Foreclose Don’t Admit Anything About the Servicers Either — It’s All a Lie Another Great Post by the King of Foreclosure Defense Neil Garfield Homeowners often challenged the authority of...
Improperly Named Trustee on Deed of Trust Can be Liable for Actions on Behalf of Non-BeneficaryOriginally posted by Neil Garfield I have long expressed the belief that the courts had it all wrong when they, along with legislative attempts, decided that when parties...
HOW TO WIN YOUR FORECLOSURE LAWSUIT IF THE BANK STONEWALLS YOU DURING DISCOVERYOriginally posted by Neil GarfieldSo a recent question from an old client mirrored the requests from many lawyers and pro se litiangats about the discovery process. My answer is summarized...
Martin Act Threatens Banks Securitization Scheme Originally reported by Neil Garfield While most people didn’t notice, all of Wall Street took notice when the New York Governor signed into law a bill that extends the right of the state attorney general to...
Consent Order Contains Admission of False Affidavits and False Chains of Title Posted on August 26, 2019 by Neil Garfield A lot of student loan debt ends up being claimed by “Trusts” that are exactly like REMIC trusts except they are not about residential mortgages....
FEDERAL JUDGE RULES BORROWERS HAS STANDING TO CHALLENGE ASSIGNMENT AND ALSO AS TO BANK’S FAILURE OF PROOF The entire Opinion, which we have already discussed, is set forth below. Mr. Barnes represents the Gerbers and prepared all of the briefing on this matter for the...
Uniform Commercial Code Article 9 §203 and the Holder in Due Course Regarding the holder in due course and foreclosure defense, according to Neil Garfield he states: I have recently found it helpful to point out the difference between enforcement of a note and...
Arkansas Foreclosure Law Firm, Mickel Law Firm, Admits to the Absence of any Mortgagee in Court Documents Attorney-In-Fact-For-An-Absent-Mortgagee Why would a lawyer go to court without a client? Answer: Because they are engaged in total fraud, and they...
Judge grants temporary restraining order against St. Louis County foreclosure mediation law This article first appeared in the St. Louis Beacon, Sept. 27, 2012 – A St. Louis County judge issued a temporary restraining order against St. Louis County’s...
Chase Laundered WAMU Loans Through Offshore Accounts with Fictitious Names Here is what we know: Washington Mutual (WAMU) was in the business of originating loans not lending money. WAMU sold every originated loan before, during or after loan origination. Its...
California Judge Rules for Borrower in Post-Sale Eviction Proceeding Originally by Neil Garfield This is the latest of a string of decisions from trial judges who took the time to carefully analyze the law and then facts. In this case the issue was whether the...
How to Use Article 9 §203 UCC Requiring Value Be Paid for Debt to Fight Wrongful Foreclosure by Neil Garfield What many lawyers continue to miss is that there is a difference between the laws entitling someone to enforce a note and the laws entitling someone to...
Federal Judge Slams Bayview and Attorneys on Illegal “Modification” Maneuvering Originally posted by Neil Garfield The Lesson here is that the denial of modification presents and important opportunity to challenge the practices, authority and viability of claims by...
Calif. Supreme Court Allows Creditor Holding Senior and Junior Liens to Seek Deficiency Judgment on Sold-Out Second Lien Originally posted by Maurice Wutscher LLP June 26 2019 The Supreme Court of California recently held that the anti-deficiency statute in California...
McDonough v Smith: U.S. Supreme Court Rules on Suing Banks for Fabrication of Evidence Originally posted by Neil Garfield This decision is extremely important for 2 reasons. 1st, it reaffirms a right under federal law to bring an action for damages for fabrication of...
Another View: At Wells Fargo, a tone-deaf response to shattered lives Originally posted at https://www.theintell.com/opinion/20190624/another-view-at-wells-fargo-tone-deaf-response-to-shattered-lives The next time you see a commercial declaring a new era at Wells...
Illinois Court of Appeals Cracks Code of Silence on Who Pays Foreclosure Mills Posted on June 18, 2019 by Neil Garfield Illinois Court of Appeals Cracks Code of Silence on Who Pays Foreclosure Mills. The wording of the decision strongly suggests that whether the...
Veira v PennyMac and JPM Chase 4th DCA Rules PennyMac Lacks Standing to Foreclose Posted on June 11, 2019 by Neil Garfield VIEIRA-v.-PENNYMAC-CORP-FindLaw Another case showing shifting attitudes toward illegal foreclosures. At the trial level there have been many...
Meet the New Boss, U.S. Bank and Black Knight; Same as the Old Boss LPS Lender Processing Systems (LPS) which owned DOCX the notorious robosigning mill featured in the 60 Minutes episode The Next Housing Shock has changed its name to Black Knight. Meet the new...
FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS AND THE CIRCUIT COURT RECORDS OSCEOLA COUNTY, FLORIDA PART 1 OF 2: SECTIONS 1 – 4 FORENSIC_EXAMINATION_OF_THE_REAL_PROPERT The forensic examination of the real property records of Osceola County, ...
CFPB claims debt collection firm Forster & Garbus robo-sued thousands on behalf of Citibank, Discover, others Move over robo-signing… During the foreclosure crisis, a number of lenders, servicers, law firms, and others engaged in a practice where employees...
BRIEF IN SUPPORT OF VOID JUDGMENTS BRIEF_IN_SUPPORT_OF_VOID_JUDGMENTS Void judgments are those rendered by a court which lacked jurisdiction, either of the subject matter or the parties, Wahl v. Round Valley Bank 38 Ariz. 411, 300 P. 955 (1931); Tube City Mining &...
Once a Failed Remic, Never a Remic Available at: http://works.bepress.com/david_reiss/58 Once a Failed Remic, Never a Remic Bradley T. Borden David J. Reiss This paper can be downloaded without charge from the Social Science Research Network Electronic Paper...
Whistle BLOWER from McCARTHY Holthus Admits FAKED Chain of Titles by Deadly ClearWilliam WAGENERPublished on May 3, 2019 “We never had original documents.” They were told to create a fake chain of title. “Polly, admits she used to work for McCarthy...
New Jersey Gov. Phil Murphy Signs Legislative Package to Address New Jersey’s Foreclosure Crisis Gov. Phil Murphy today signed a bipartisan legislative package into law that will help New Jerseyans struggling with the state’s highest-in-the-nation foreclosure rate....
The Comptroller of the Currency of the United States of America (OCC) finds that Wells Fargo has been using fake and forged documents to steal homes and sets new requirements for Wells Fargo to continue OCC_Goes_After_Wells_Fargo UNITED STATES OF AMERICA...
New York launches its own CFPB Mortgage Fraud Department Following through on a pledge made more than a year ago, the New York Department of Financial Services is launching its own version of the Consumer Financial Protection Bureau, seeking to fill the...
Jury awards Garland woman $755,000 in Carrington Real Estate Services lawsuit alleging foreclosure fraud She purchased her home in 2001, and paid on it for 14 years, but began to fall behind in 2015 and the home fell into foreclosure. Days after the foreclosure...
U.S. Bank, N.A. as Trustee Facing Sanctions In Miami Originally Posted by Neil Garfield at https://livinglies.me/2019/04/23/u-s-bank-facing-sanctions-in-miami/ “It’s unusual that we’re in this position, but it’s unusual that any bank would dare do what they’re doing...
Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order. Judge Beatrice Butchko’s order floats the possibility of sanctions if the bank fails to produce discovery documents the judge ordered it to release in August 2018. Signed Order...
NY Times: Student Debt Getting Wiped Out by Fraudulent Claims of Securitization Posted by Neil Garfield | July 18, 2017 So here is an example of why you need to send a DVL (Debt Validation Letter). It turns out that mainstream media and the court system are...
Can I Get Sued Over a Court-Authorized Foreclosure? Monday, April 15, 2019 https://www.natlawreview.com/article/can-i-get-sued-over-court-authorized-foreclosure If a Clerk of Court authorizes a foreclosure sale and the trustee sells the property, can a borrower or...
CALIFORNIA 3rd THIRD APPELLATE DISTRICT WRONGFUL FORECLOSURE CASE: You Can Cancel the Assignment, Notice of Default, Notice of Sale and Reverse the Sale. Posted on April 11, 2019 by Neil Garfield This decision “Not for publication” takes one more step toward...
While New Jersey’s foreclosure rate is going down, it is still the highest in the nation. Real estate website Realty Trac says there are about 20,000 active cases which is comparable to the total prior to the financial crisis. The national rate of foreclosures is 1 in...
The Obduskey Supreme Court Case and using the FDCPA to Stop Foreclosures in Non-Judicial States The Fair Debt Collection Practices Act (FDCPA) regulates the activities of “debt collectors,” but the confusing and convoluted statutory definition of the gateway term...
Supreme Court makes it harder for borrowers to fight foreclosures in non-judicial states Posted on March 22, 2019 https://justiceleaguetaskforce.wordpress.com/2019/03/22/supreme-court-makes-it-harder-for-borrowers-to-fight-foreclosures-in-non-judicial-states/...
Citibank to pay $25 million for violating the Fair Housing Act Posted on March 20, 2019 https://justiceleaguetaskforce.wordpress.com/2019/03/20/citibank-to-pay-25-million-for-violating-the-fair-housing-act/ Here we go again… Citibank will pay out a fine of $25 million...
The League of Fraudulently Dispossessed Homeowners has a sealed lawsuit in Federal Court of Claims It has been assigned a DOJ commercial agent for Civil Justice, and Assistant Attorney General, a Director and an Assistant Director. After months of back and forth...
GOVERNMENT SHUTDOWN CAUSES A FORECLOSURE — AND COULD CAUSE MORE Originally posted by David Dayen February 13 2019, 5:30 a.m. Leong, 83, took out a reverse mortgage on her home in 2004, which gives seniors with equity in their home the opportunity to take money out...
Posted on January 31, 2019 by Neil Garfield So here is an attorney asking the court to vacate a decision in which the homeowner won. The lawyer had already falsely represented the status of Deutsch, the existence of a trust and any implied transaction by which...
Original mortgage documents found on separate exposed server. The massive data breach involving more than 24 million mortgage and banking documents just got much, much worse as an investigation unearthed a separate unprotected server that provided access to some of...
According to new data there is a rise in Texas Foreclosures. Nationwide home foreclosure starts were at a 13-year low in 2018. But in North Texas home foreclosure filings inched up after seven straight years of declines, according to a new report by Attom Data...
New York City Foreclosure Hotspots Originally Posted on Jan 13, 2019 NEW YORK — Some New York City neighborhoods were hotspots for foreclosures even as they grew less common last year, a recent report shows. The city saw 720 first-time home foreclosures in the last...
Democrats move to protect federal workers from foreclosure Democratic lawmakers have introduced legislation that would protect federal workers from foreclosures, evictions and loan defaults during a government shutdown. The Federal Employee Civil Relief Act was...
20 Points of TILA Rescission: 9th Circuit Court Allows “Claim” for Rescission Under WA Statute of Limitations Originally posted by Neil Garfield 20180114 See bottom of page to get a FREE TILA Rescission Letter I have distilled the legal points and procedure of TILA...
Another Wells Fargo Computer Glitch Results in More Wrongful Foreclosures By Chuong Nguyen — Posted on December 4, 2018 – 1:06PM Wells Fargo blamed a computer glitch for the second time this year that resulted in the bank mistakenly foreclosing on hundreds of...
He Never Missed a Mortgage Payment, But The Bank Still Foreclosed On His Home Anyway Homeowners say they’re being preyed upon by mortgage industry and mortgage loan servicers committing mortgage and foreclosure fraud resulting in wrongful foreclosure cases, from...
Goldman Sachs $5,000,000,000 Securitization Lawsuit Settlement Discover if your mortgage loan was securitized by Goldman Sachs and therefore eligible to the $1,800,000,000 securitization lawsuit settlement available for Homeowners and Borrowers in the Form of...
Zombie Property Survival Guide Editor’s note: this story previously appeared in the October issue of DS News, available to read in full online.In popular movies and TV shows such as The Walking Dead, the zombie has become a go-to favorite when it comes to...
The Ripple Effect of Foreclosures A report by Zillow explains how the effects of the Great Recession were not just twofold but deeply profound—and also reveals how the crisis served to benefit those who bought foreclosed homes during that time. According to the...
PUBLIC LEGAL EDUCATION: liberty without justice is a joke. As you who have already got the #1 Pro Se Legal Education Course helping everyday people learn how to win in court since 1997 (How to Win in Court) already know, liberty without justice is a joke. That’s...
Wells Fargo foreclosed on homeowners who had a chance to keep their homes Wells Fargo & Co. foreclosed on 400 homeowners after improperly denying them loan modifications that could have allowed them to stay in their homes, the bank said in a regulatory filing...
Supreme Court’s ‘BFP’ Holding Misapplied In Foreclosure Sale Conducted Under RPTL After Ontario County sought foreclosure under New York’s Real Property Tax Law, appellants led Chapter 13 bankruptcy plans to pay arrears. Adversary proceedings sought to avoid their...
Default Judgment in Foreclosure Action Vacated as Not Willful; Meritorious Defense Noted Default Judgment in Foreclosure Action Vacated as Not Willful; Meritorious Defense Noted Plaintiff sought foreclosure on a property Freeway Group Inc. bought from the Espinosa...
Class Action Lawsuit Claims Ocwen Improperly Foreclosed On Mortgagees (July 25, 2018, 4:50 PM EDT) — Ocwen Loan Servicing LLC has been filing foreclosure actions against its mortgagees before either applying or refunding unapplied funds on their accounts,...
Jury awards Garland woman $755,000 in lawsuit alleging foreclosure fraud. She purchased her home in 2001, and paid on it for 14 years, but began to fall behind in 2015 and the home fell into foreclosure. Days after the foreclosure notice went public, someone knocked...
Mortgage Fraud Banking Syndicate Challenged in Pennsylvania By Mark Anderson Monetary reformer Mickey Paoletta has cleared a key legal hurdle with the Pennsylvania Supreme Court in his effort to use a “King’s Bench” petition to beat mortgage fraud and mortgage...
The League of Fraudulently Dispossessed Homeowners Criminal Joinder OMG we really did it. The League of Fraudulently Dispossessed Homeowners is fighting behind the scenes to put an end to the foreclosure madness and corruption plaguing our nation; and we finally have...
Florida Appeals Court Ruled Lenders Can’t Claim Rents During Foreclosure By Carolina Bolado Law360 (June 27, 2018, 10:13 PM EDT) — A Florida appeals court ruled Wednesday that a property owner who was not a party to the original mortgage does not have to...
Are Foreclosure Judges Taking Bribes from Banks to Illegally Foreclose on Homeowners? Investigative journalist Janet Phelan, author of the book Exile and expert on uncovering evidence of financial corruption infesting our courts, exposes how corrupt foreclosure...
Prove Unlawful Foreclosure Statute Of Limitations and You Could Save Your Home From Foreclosure Orginally posted June 22, 2018 at http://realtybiznews.com/prove-unlawful-foreclosure-statute-of-limitations-and-keep-your-home/98749036/ If a mortgage holder delays too...
88-year-old Grandmother walks 1.2 miles to treasurer’s office to save her home from foreclosure NILES — For several years, Berrien County Treasurer Bret Witkowski has been teaching residents the steps they can take to keep their homes out of foreclosure....
Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial (Foreclosure Workshop #16: Rebroadcast from July 17, 2016) This important broadcast, first exclusively airing on The...
Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit Fla 4th DCA Slams Door on “another Ditech loan” in foreclosure claims Posted on April 13, 2018 by Neil Garfield Spencer v Ditech...
You Defeated Plaintiff’s Motion for Summary Judgment, But Do You Know The Ten Things You Need To Do Next? Posted on April 8, 2018 Sunday, April 8, 2018 – 3 PM HST Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR Sundays: 3 pm (HST) Click HERE to listen....
Nuns’ pressure leads Wells Fargo to publish causes of ‘systemic lapses in governance’ A group of nuns and religiously-affiliated investors said Wells Fargo & Co. has agreed to publish a review that shows the root causes of the systemic lapses in governance and...
Shellpoint Mortgage Servicing Wrongful Foreclosure Lawsuit to Stop Eviction BERNARDSTON — As the auctioneers announced the sale of 73-year-old Bob McCollum’s home, his cat, Fluffy, came out for the action. The cat cozied up to the auctioneers. One of them crouched...
Florida’s Third District Court of Appeals Decision Rejects Multiple Common Foreclosure Defenses On February 7, 2018, Florida’s Third District Court of Appeal rejected multiple arguments routinely advanced by borrowers’ counsel in defense and delay of foreclosure...
Stop Foreclosure and Mortgage Fraud and Rescind Your Mortgage Loan Contract with a TILA Rescission Letter Download a FREE TILA Rescission Letter here: TILA Rescission Letter Guide to understanding TILA Rescission. By Neil Garfield If someone is giving...
Shellpoint Mortgage Servicing – Racketeering Still going on with “pretend lender/sesrvicers” Have never heard back from them as they know they were a “pretend lender/serivcer” who forced me basically into a short sale with all the money I...
Thousands in Arizona could get money from $45M settlement over bad foreclosure practices. More than 2,000 Arizona families are eligible for part of a $45 million settlement with PHH Mortgage Corp. for its handling of mortgage payments and foreclosure aid during the...
Bank of America Foreclosed On Home Despite Borrower Making Mortgage Payments PITTSBURGH (KDKA) – Imagine paying your mortgage on time every month, and your bank takes your home away anyway. It may not make any sense, but it’s happening to some homeowners. Since 2004,...
BITCOIN is currently at $16,000 and set to hit $1,00,000 by 2020, according to experts Bitcoin surged to a record high of $11,377.33 Wednesday morning, according to CoinDesk. Outspoken libertarian and MGT Capital Investments CEO John McAfee subsequently tweeted that...
Fannie, Freddie to hold off on evictions during the holidays HomeNews by Francis Monfort13 Dec 2017 Fannie Mae said the suspension will apply to single-family and two- to four-unit properties. Families will be allowed to remain in their homes during the period....
Rating Action: Shellpoint Mortgage Servicing Moody’s assigns provisional ratings to Prime RMBS issued by J.P. Morgan Mortgage Trust 2017-6 Global Credit Research – 12 Dec 2017 New York, December 12, 2017 — Moody’s Investors Service has assigned...
Why Foreclosing Securitized Trust Plaintiffs Cannot Prove Entitlement To Foreclose Posted by https://deadlyclear.wordpress.com/2017/12/10/why-foreclosing-securitized-trust-plaintiffs-cannot-prove-entitlement-to-foreclose/ on December 10, 2017 (December 12, 2017,...
The Foreclosure Process Foreclosure happens when a borrower neglects to meet credit commitments. Dispossession rights and methods are distinctive in each state. Nonetheless, these distinctions are minor varieties. The dispossession procedure is: Default...
New Residential to acquire Shellpoint Partners in $190 million deal HomeNews by Paolo Taruc04 Dec 2017 The Many Ways to Be Relieved of Your Timeshare ObligationsWhile it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that...
Shellpoint Mortgage Servicing Foreclosure Sales Stopped Guaranteed RED FLAG: I have read the horrible things that Shellpoint is doing to others and I read this on RIPOFF REPORTS (Total Visits 8,998,758,637) “…call your local police immediately and also...
The Pro Se Problem Why Pro Se Litigants Have a Hard Time. Whether it’s the high cost of lawyers’ fees or growing distrust of lawyers, there is a mounting trend these days for more people to fight without a lawyer. The American Bar Association (ABA) reports...
92 year old woman evicted over 27¢ on a Reverse mortgages. Actor and pitchman Tom Selleck, among others, has helped persuade more than 1 million seniors in markets like Palm Beach County that reverse mortgages are not “too good to be true.” But a federal agency...
Offers of Proof … If you start to offer evidence, the other side objects, and the judge sustains your opponent’s objection, you must move the court to allow you to make clear on the record what your evidence was going to be and what it would tend to prove!...
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Trusting Lawyers Loses Lawsuits! YOU DARE NOT TRUST LAWYERS! If you’re like most people, you don’t. I don’t either, and I’ve been one since 1987! Guard against the shady ethics of your opponent’s lawyer. Keep a close watch on your own...
McGregor Fund grants $500,000 to help shield homeowners from tax foreclosure McGregor Fund grants $500,000 over two years United Community Housing Coalition will use funds to help 1,000 households in tax foreclosure Funds will help enroll homeowners in Wayne...
Illinois Department of Financial and Professional Regulation, Division of Banking filed a Cease and Desist Order against Ocwen Loan Servicing, LLC SPRINGFIELD, Ill., Sept. 28 — The Illinois Department of Financial and Professional Regulation issued the following...
Senator Warren Says That Equifax is Profiting from Data Hack While Consumers Pay the Price. With over 100 million files compromised in this latest cyber hack there is a very good chance that your personal information including your social security number may have been...
Learn Good Legal Writing and How to Win in Court What is good legal writing? Impress the judge? Confuse the opponent? Or … win your case? Your goal is: make a winning record! Too many pro se litigants miss this point. Any words not making a winning record must...
Anti-foreclosure activists make last-ditch effort to spare thousands of Detroiters from eviction Posted By Violet Ikonomova Steve Neavling A row of dilapidated houses at Crane and Charlevoix on Detroit’s east side. Eleven houses on this block have been foreclosed...
CitiMortgage class action lawsuit for falsely notarized documents for hundreds of foreclosures in multiple states 9th Circuit revives lawsuit over CitiMortgage foreclosure records CitiMortgage must face a proposed class action accusing it of using falsely notarized...
Federal Money available for Michigan homeowners facing foreclosure By Shruti Saripalli About $40 million dollars are available for Michigan homeowners who are facing troubles with their mortgage payments or property taxes, said Mary Tomley, Director of the...
Bank of America Hit with $45 Million Judgment over Reckless Foreclosure By Edvard Pettersson `Hero’ Judge Urged by Couple to Nix $45 Million Bank of America Penalty. (Bloomberg) — A California couple who were dragged through a Bank of America Corp....
JPMorgan Ordered to Pay More Than $4 Billion to Widow and Family That’s billion with a B…. Outsize punitive damages awards are often reduced by courts Bank found by jury to have mismanaged estate of Max Hopper JPMorgan Chase & Co. was ordered by a Dallas jury to...
JPMorgan’s Big Mortgage Securitization Secret is a Big Nothing Burger! Four years ago, JPMorgan Chase reached a then-record settlement with the Department of Justice after, among other things, the bank received a copy of a U.S. attorney’s draft complaint documenting...
Lenders limited to one foreclosure proceeding per property. A mortgage company can’t bring a second foreclosure action against a borrower after losing a similar foreclosure in the court system, Maine’s supreme court ruled. The court on Thursday unanimously upheld a...
Michigan’s “Hardest Hit” program for homeowners is winding down. Hardest Hit is the federal program to help people keep their homes after the Great Recession. Mary Townley is vice president of Step Forward. That’s the name of the state’s...
California law makers approves bill to stop arbitration used by banks over Wells Fargo bank fraud The California Legislature has approved a bill aimed at stopping banks from using arbitration clauses to shield themselves from lawsuits over sham accounts — a direct...
Nine years later, another Lehman Brothers bankruptcy The two affiliates, Lehman Brothers U.K. Holdings (Delaware) Inc and Lehman Pass-Through Securities Inc, were put into bankruptcy as part of a deal that will generate $485 million cash for the Lehman estate,...
LoanDepot.com sued for foreclosure by The West Virginia Record | ELKINS – A couple is suing LoanDepot.com after they claim it wrongfully began foreclosure proceedings on their home. Arlie C. Addington and Rena Sue Addington have a mortgage loan insured by the Federal...
NJ Judge Says HSBC Must File New Foreclosure Action By Jeannie O’Sullivan Law360, New York (August 31, 2017, 1:37 PM EDT) — A New Jersey court won’t rethink its refusal to extend a final judgment deadline for a mortgage foreclosure action by HSBC Bank USA,...