The court in Mabry
MABRY tip no injunction needed to stop foreclosure TERRY MABRY et al., opinion 2923.5 Cilvil code
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July 10, 2010
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Comercial modification Chapter 11 Workouts
- Stern v. Marshall, 131 S.Ct. 2594 (2011)U.S. Supreme Court Dramatically Curtails Bankruptcy Courts’ Powers Decision casts doubt on certain judgments entered against debtors in bankruptcy court Financial Restructuring and Bankruptcy Department Alert September 2011 The United States Supreme Court recently narrowed the scope of the authority … Continue reading →timothymccandless
- UntitledOriginally posted on Serving California only 909-890-9192 & 925-957-9797: http://www.facebook.com/pages/California-Justice-Foundation/170293853045518?ref=hl# CLICK ITtimothymccandless
- How does a Lis Pendens affect California Real Property?I see questions all the time about Lis Pendens in online Real Estate discussion forums all the time. Before diving into the information below please understand the following. This information pertains to California Real Estate Law. This information was obtained … Continue reading →timothymccandless
- California Chapter 11 Bankruptcy LawCalifornia Chapter 11 Bankruptcy Law California businesses have a couple of options to deal with dire financial conditions, and filing for a Chapter 11 bankruptcy can be an attractive option. However, it can be a bit complex, and to be … Continue reading →timothymccandless
- How Creditors Get Paid Under a Chapter 11 PlanObviously, the debtor doesn’t have sufficient ready funds to pay all creditors at the time of filing. Instead, an approved plan relies on future business earnings and profits to address creditor debts. The debt claims are prioritized with taxes owed … Continue reading →timothymccandless
- Don’t Declare Bankruptcy Before You Need ToToday, many people are deciding to declare bankruptcy. With so many people being laid off, a lot of people are deciding to file for bankruptcy but you need to realize that it is not for everyone. There are other ways … Continue reading →timothymccandless
- Delaware Bankruptcy Litigation: Trustee in Opus South Bankruptcy Files Preference Actions timothymccandless
- Delaware Bankruptcy Litigation: Trustee in Opus South Bankruptcy Files Preference Actions timothymccandless
- Calculating the Preference Period:Effective Date of the Trasfer and the Inapplicability of Federal Rule of Bankruptcy Procedure 9006(a) to the Trustee's Avoidance Powers By Richard Ruszat A threshold issue to preference litigation is the determination of whether a transfer occurred within the applicable … Continue reading →timothymccandless
- Workout Experts for Financially Distressed Companies The The McCandless Law FirmWorkout Experts for Financially Distressed Companies The The McCandless Law Firm is among Northern California’s most experienced workout specialists for creditors, boards, investors and executive management of financially distressed companies. Workouts include managed, out-of-court business terminations as well as an … Continue reading →timothymccandless
FORECLOSURE FRAUD | by DinSFLA
- THIS WEBSITE IS FOR SALE August 2, 2019Greetings everyone, After 9+ years, I am selling this site that is very well established. I feel the site is best suited for those who practice in defending homes i.e. attorney(s)/forensic auditors/debt consultants/non-profit/ etc.. Ultimately, I would like to find 1 or a group of attorneys that might want to pool in together from across […]
- AFTER 9.5 YEARS … TIME TO SAY GOODBYE July 12, 2019After 9.5 years it’s time to say goodbye. This will be the final post and will be shutting down on or before July 18, 2019. I thank all of you who have followed this website. ~ Be Well. Damian © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
- TFH 7/7 | What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending Act (TILA) Rescission Rights As A Defense To Foreclosure July 8, 2019COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – July 7, 2019 What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending […]
- Reg X Does Not Prevent Rescheduling a Foreclosure Sale July 4, 2019Consumer Financial Services LAW MONITOR – The Eleventh Circuit’s most recent decision regarding Regulation X, 12 C.F.R. § 1024.1, et seq., of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, et seq., will come as a relief to mortgage lenders and borrowers alike—although not to the individual plaintiff in Landau v. RoundPoint Mortgage Se […]
- Veteran files suit against Nationstar Mortgage after home placed in foreclosure July 2, 2019West Virginia Record- A veteran residing in Charleston alleges that a mortgage servicer failed to modify a loan and placed his home into foreclosure. John T. Baldy II filed a complaint in Kanawha Circuit Court against Nationstar Mortgage LLC, doing business as Mr. Cooper, alleging breach of contract and other counts. The suit states that […]
- Wells Fargo Bank, N.A. v. Pierce | Hawaii ICA – there is a genuine issue of material fact as to whether Wells Fargo was entitled to enforce the subject Note at the time this foreclosure action was commenced… the Circuit Court’s summary judgment ruling in favor of Wells Fargo must be vacated. July 2, 2019Congratulations to DUBIN LAW OFFICES! CAAP-17-0000553sdo by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
- TFH 6/30 | What Every Homeowner Needs To Know About Surviving In Foreclosure Court (originally broadcast on November 8, 2015) June 30, 2019COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – June 30, 2019 What Every Homeowner Needs To Know About Surviving In Foreclosure Court (originally broadcast […]
- ‘It’s Starting to Look Political’: Appeals Court Reverses Attorney Fees for Homeowner in Foreclosure Case June 28, 2019The appellate panel found that because homeowner Farshadi Faramarz had argued U.S. Bank N.A. and Nationstar had no standing to sue him under the contract, that took away his right to fees from those parties under that same contract. The Fourth District Court of Appeals relied on Nationstar v. Glass, which has a shaky history. […]
- Maine Creates Mortgage Servicer Duty of Good Faith June 27, 2019JDSUPRA- Maine is joining the ranks of states whose requirements for mortgage servicers may exceed those of the CFPB’s Mortgage Servicing Rules. Effective September 19, Senate Paper 415 (2019 Me. Laws 363) creates a mortgage servicer duty of “good faith,” meaning honesty in fact, and the observance of reasonable commercial standards of fair dealing. This d […]
- Maui County Officials Consider Recruiting Miami Litigator Bruce Jacobs in Affordable Housing Fight June 27, 2019DBR- A Miami lawyer’s efforts to rectify and bring attention to the city’s affordable housing crisis are beginning to be noticed by public officials around the country. Kelly King, who serves as council chairwoman in Hawaii’s County of Maui, has publicly expressed interest in retaining foreclosure defense attorney Bruce Jacobs in her own municipality’s effor […]
- TFH 6/23 | The 68 Mostly Under Used Affirmative Defenses That Can Save Your Home From Foreclosure And You And Your Family From Eviction June 23, 2019COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – June 23, 2019 The 68 Mostly Under Used Affirmative Defenses That Can Save Your Home From […]
- Wilmington Savings Fund Society v. Akehi | HAWAII ICA – DUBIN LAW OFFICES HAS BEAT THE POPE!!! June 22, 2019CAAP-18-0000477sdo by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
- Second Department Demonstrates Limitations to Distressed Real Estate Investors Litigating Foreclosures June 20, 2019Law- A new development in real estate acquisitions from distressed homeowners involves investors approaching homeowners in foreclosure and offering to purchase the deed from the owner/mortgagor. After purchasing the deeds, investors have then chosen to litigate with the foreclosing banks on the merits of the mortgage in the hopes of settling for a lesser amo […]
- Nonjudicial Foreclosure Not Regulated by the FDCPA June 20, 2019JD Supra- On March 20, 2019, the U.S. Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP, 17-1307, 2019 WL 1264579 (U.S. Mar. 20, 2019), that nonjudicial foreclosure is not subject to regulation under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (the “FDCPA”). The FDCPA applies to a “debt collector,” which […] […]
- Deutsche Bank Faces Criminal Investigation for Potential Money-Laundering Lapses, Including Jared Kushner Linked Transactions June 19, 2019NYT- Federal authorities are investigating whether Deutsche Bank complied with laws meant to stop money laundering and other crimes, the latest government examination of potential misconduct at one of the world’s largest and most troubled banks, according to seven people familiar with the inquiry. The investigation includes a review of Deutsche Bank’s handli […]
- Blair v. EMC MORTGAGE, LLC | Ind: Court of Appeals – EMC waited an unreasonable time to accelerate its Note and Mortgage. By doing so and by failing to make demand within a reasonable time, its rights are time-barred. June 18, 2019Dean Blair and Paula Blair, Appellants/Cross-Appellees-Defendants/Counterclaimants, v. EMC Mortgage, LLC., Appellee/Cross-Appellant-Plaintiff/Counterclaim Defendant. No. 18A-MF-808.Court of Appeals of Indiana.June 12, 2019.Appeal from the Vanderburgh Superior Court Trial Court Cause No. 82D07-1207-MF-3333, The Honorable Richard G. D’Amour, Judge. Robert R. […]
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Niel Garfield and the national story
- Why Are We Still Dealing with Aurora and Lehman? December 6, 2019Keep in mind that Aurora is a subsidiary of Lehman. They are both in Bankruptcy but are being kept technically alive in BKR court for the sole purpose of making actions appear to be legitimate attempts to collect a debt. ===================================== GET FREE HELP: Just click here and submit the confidential, free, no obligation, private REGISTRATIO […]Neil Garfield
- Tonight! How to Get Into the Judge’s Head 6PM EST 3PM PST December 5, 2019Thursdays 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 A typical seasoned judge in a community with dense demographics might have been the primary judge or at least a participating or covering judge in about 10,000 foreclosure cases before he hears anything […]Neil Garfield
- Post Judgment Assignments Continue to Baffle Homeowners and Foreclosure Defense Lawyers December 4, 2019Charles Koppa in San Diego was the first person to point out to me that the activities after even a nonjudicial sale told the real story about the what was going on. That was back in 2008. Lately I have been getting questions relating to post-sale or post judgment activities. There is a doctrine that […]Neil Garfield
- 7th Circuit Affirms $582,000 Punitive Damages Against Ocwen December 3, 2019“We are not sure how many human errors a company like Ocwen gets before a jury can reasonably infer a conscious disregard of a person’s rights, but we are certain Ocwen passed it,” Circuit Judge Amy St. Eve wrote, joined by Circuit Judges William Bauer and Michael Brennan. [e.s.] Editorial Note: Any lawyer who thinks […]Neil Garfield
- How securitization affects defense strategy in securitization cases. December 2, 2019A new set of lawyers is coming into the marketplace and they smell blood. They are seeking guidance and they are up for making money and winning cases. Here is what I just wrote to one of them who is “boots on the ground” in California in a case in which I am the lead […]Neil Garfield
- Answering the Shell Game November 29, 2019Most of the questions I get come from lawyers and homeowners who are totally confused by the array of names of companies that appear, disappeared and replaced by lawyers operating under instructions from command central — a group of lawyers who oversee the foreclosures of loans claimed to be securitized. They are the ones who […]Neil Garfield
- Confronting the Games Played By Stockbrokers Through Their Attorneys in Foreclosures November 27, 2019The first order of business is to recognize two things — (1) that it is a stockbroker who is the actual party foreclosing the mortgage and (2) that the stockbroker is NOT seeking restitution for an unpaid debt — all of which means that it isn’t really a foreclosure. It is a scheme to generate […]Neil Garfield
- Interesting NY Decision on Acceleration: U.S. Bank N.A. v. Gordon, 176 A.D.3d 1006 (2d Dept. 2019) November 26, 2019“failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.” the Notice of Default stated that “[t]o avoid the possibility of acceleration,” Defendants were required to make certain payments […] […]Neil Garfield
- Retainer Agreements Cast Doubt on Whether Law Firms Are Advocates or Are One of the Real Parties in Interest November 25, 2019What changes do you think are necessary in the Federal Truth in Lending Act, FDCPA, RESPA and SEC regulations? Email your comments to neilfgarfield@hotmail.com see 501851_2018_Nationstar_Mortgage_L_v_Nationstar_Mortgage_L_EXHIBIT_S__17-1 I completely get how there is immunity for lawyers advocating even bad positions for their clients. Anything less would ch […]Neil Garfield
- Foreclosure Defense: To BKR or not to BKR, here are the issues in Bankruptcy November 22, 2019The bottom line is that Chapter 7, 11, or 13 bankruptcy can be effective tolls in defending against unlawful foreclosures, but hey are not magic bullets. Like all legal procedures attempting to navigate them without a licensed legal professional who is a known quantity in Bankruptcy Court, is at the very least hazardous. ===================================== […]Neil Garfield
- CFPB Finally Clarifies Rules for “Originators” November 21, 2019The most important label used by stockbrokers (acting as “investment banks”) was to label a company as an “originator”. The term had no actual meaning. There were lenders who loaned money, and there were mortgage brokers who were paid to introduce a lender and a borrower. But what was an “originator”? The stockbrokers knew that […]Neil Garfield
- MERS is Probably an Offshore Operation November 19, 2019Just an observation based upon current information. MERS was acquired in 2008 by Intercontinental Exchange (ICE), a former Enron competitor. As its name implies (and the job listings for ICE) it operates in several continents. It controls most of the world’s futures and securities exchanges and clearing houses. According to filings by ICE, the acquisition [… […]Neil Garfield
- Ocwen on the Hot Seat — Again November 19, 2019“Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes,” CFPB Director said in a statement. [Editor’s Note: When will the agencies address the elephant in the living room: Ocwen is not making mistakes. It is making facts that don’t exist […]Neil Garfield
- And for the Curious — MERS is a Trademark of Bank of America November 18, 2019see https://www.fraudstoppers.org/wp-content/uploads/MERS-NATIONSBANK-SECURITY-AGREEMENT-assignment-tm-1773-0949.pdf So much for being an independent private title registry It’s all smoke and mirrors. And an interested reader and client sent me this: When I looked up the address on the MERS Registration Trademark that you posted today on your blog, it came u […]Neil Garfield
- To Appeal or Not To Appeal — What was the Question? November 18, 2019Making a mistake is not appealable unto itself. You must show that the error caused an improper decision. And by “improper” I mean that there is no way under existing law that the decision was based upon the law or, if you wish to pursue a still higher standard of review, that the law as applied […]Neil Garfield
- Why Are All the Documents Fake in foreclosures? November 15, 2019The problem that most pro se litigants and foreclosure defense lawyers have, as will be discussed in part on Thursday’s radio show with Patrick Giunta, is that most people fail to understand and therefore fail to plead and prove the nuanced difference between “the debt doesn’t exist” and “this foreclosure proceeding is a sham.” * […]Neil Garfield
- Tonight! Attorney Patrick Giunta Discusses Winning Foreclosure Cases for Homeowners 6PM EST 3PM PST November 14, 2019Message to Lawyers and Homeowners: If you think you can’t win, you are wrong. If you think you shouldn’t win, you are wrong. 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 One of the many things that irks me is how […]Neil Garfield
- Foreclosure Scams Work Both Ways November 13, 2019While the mainstream media concentrates on predators who promise false hope to homeowners in distress and who actually distract homeowners from asserting real defenses, reporters fail to mention the larger more devastating impact of foreclosures initiated by attorneys on behalf of nonexistent clients who have no interest in the loan. The pernicious effect of […]Neil Garfield
- Dancing with ghosts. The banks have no shame in contradicting themselves November 12, 2019The bottom line is that foreclosures are all about collecting on unpaid debt. The only party who can initiate foreclosure proceedings that will force the sale of title to the home and then forcibly dispossess the homeowner is a party who owns the debt, is injured by nonpayment and who receives the proceeds of foreclosure […]Neil Garfield
- The danger of submitting a hardship letter. See a lawyer!!! November 12, 2019It is strongly advised by most attorneys that when submitting any statement or reply to any company posing as a mortgage servicer or lender that where it is appropropriate to do so you should state that you are making the statement for purposes of compromise and settlement only and not for use in court, trial […]Neil Garfield
Wow thank you… this maybe very helpful.. Things that have happened to us such as not even posting REQUIRED notices would be able to be addressed then. THANKS>
Thanks Tim
Can you quote case reference on this? I would love to read the pleadings.
I just read 2923.5 Civil code and could not find anything relating to what you are saying.
Also, what do you mean by a “mini trial”? In what court? Presumably, we have an existing pending foreclosure in administrative process pending a trustee sale. Do you mean file a civil action in Superior Court and present evidence that the case is unlikely to prevail?
Filing a suit requires the Judge to set a trial date..which could be (likely be) after the sale date.
I am confused. Thanks in advance.
Sincerely
George
The case was decided june 2 the whole decision is on the blog and its cite
I am looking for help on a possible foreclosure. I need to know the quickest way to stop it, would it be with an attorney for an injunction? or claiming bankrutcy?
This is for a second home out of state. Someone please respond.
Thanks
Thank you for sharing the information regarding foreclosures. Not everyone can be helped in the way they want but the goal is to avoid foreclosure. Foreclosures solutions and short sales offer ways and help in order to keep your home.
KL – Realtor
http://www.minnesotashortsales.net
(763)795-1824
Thank you for an interesting post regarding foreclosures. If you are at the stage where you are wondering how to get rid of foreclosure, you should be behind on your mortgage payments or know that you will not be able to make your payments in the future.
Cha @ http://www.youtube.com/watch?v=JVzm9VU5B0g