Current articles in foreclosure

18 Jun
AKRON, Ohio – The Cuyahoga County judge charged in the county corruption investigation for allegedly fixing a foreclosure case has been found guilty on three of the five charges he was facing. The federal jury returned the verdict against Judge Steven Terry shortly before 2 p.m. Monday in Akron. Terry, who was facing five […]
MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM MARY COCHRANE: MANY THANKS FOR YOUR EXCELLENT WORK Do you know what ‘xxx’ your loan is inside of? Do you know […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VINDICATED BY THIRD APPELLATE DECISION IN AS MANY DAYS SOUTH FLORIDA SEMINAR FILLING UP — REGISTER TODAY TO GET EARLY BIRD DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 15 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE GET NEWSLETTER: FOR PASSWORD BECOME MEMBER AND LOOK AT YOUR EMAIL Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: foreclosure, foreclosure defense, foreclosure offense, foreclosures, securitization, TILA audit
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! click-here-to-register-for-seminar   WHY YOU NEED TO ATTEND GARFIELD CONTINUUM SEMINAR If you don’t understand why the bundling of mortgages at the level of the investment banks is important to your case(s) involving securitized mortgages, then you don’t “get it” yet. […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! “the Court will not participate in a process where OneWest increases its profits by disobeying the rules of this Court and by providing the Court with erroneous information“ NEW NOTE GAMBIT ANGERS JUDGE EDITOR’S COMMENT: We’ve been watching this for […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! NEIL GARFIELD, GARFIELD CONTINUUM SEMINARS, LIVINGLIES VINDICATED IN FULL NO MERIT TO FORECLOSURE ACTIONS, PAST PRESENT OR FUTURE UNLESS THE REAL CREDITOR IS PRESENT. BURDEN OF PROOF SHIFTS TO PRETENDERS 57568003-IN-RE-VEAL-w “IN THIS CASE, ONE COMPONENT OF PRUDENTIAL STANDING IS […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Dear Scott, and all ‘Consumers’ stop being bullied! Open up the windows and scream outside at the top of your lungs! Just like in the move was it in BROOKLYN? ‘I AM NOT GOING TO TAKE THIS ANYMORE”? Consumers are in danger of […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: They report this like $20 billion is a big number. The Banks caused tens of trillions of dollars in damages, stole $13 trillion from investors, stole some $5 trillion worth of property from homeowners who legally still probably own the property […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! The Uncertainty Tax By THOMAS L. FRIEDMAN If you want to understand why the unemployment rate has been stubbornly lodged around 9 percent, a good place to start is with the eye-popping mortgage statistics released last week by the economic […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE ANOTHER LOSS FOR DEUTSCH BANK   Home sweet foreclosed home: Queens man returns to home after judge overrules bank’s foreclosure BY Robert Gearty DAILY NEWS STAFF WRITER Sunday, June 5th 2011, 4:00 AM Johnny Ferreira may be the luckiest guy in Queens. Ninety-nine […]
  • MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: It is this simple: Nobody wants modifications except homeowners. Everyone else profits from pretending to have a mortgage modification process and then foreclosing. It is the biggest land grab in history. Big Banks Penalized for Performance in Mortgage Modification Program By […]
  • Just Cause Eviction Ordinance Richmond City Council Passes Just Cause Eviction Ordinance Tenants protected from unfair evictions from foreclosed home “It’s unfair for a tenant in good standing to be thrown out of their home because of a foreclosure that they could not prevent.” -Richmond City Council member, Dr. Jeff Ritterman “We see tenants who […]
  • Do We Have a Fraud Problem? The Case of the Mysteriously Appearing Allonge posted by Adam Levitin I have generally been willing to give mortgage servicers, servicer support shops (like LPS), and foreclosure attorneys the benefit of the doubt when it comes to documentation irregularities (to put it mildly) in foreclosures. My working assumption up […]
  • 2924 unconstitutional Check out this pro per complaint they raise some interesting issues. PJATSI+Supplemental+Complaint+March+25+2011 Filed under: 2924, Foreclosure Tagged: 2924, civil code 2924, Foreclosure, foreclosure defense, foreclosure offense, foreclosures, lis pendence, litigation, unconstitutional
  • 20. TIME: 9:00 CASE#: MSC11-00162 CASE NAME: CHRISTINA PENNES vs. PNC MORTGAGE HEARING ON DEMURRER TO COMPLAINT of PENNES FILED BY PNC BANK, NATIONAL ASSOCIATION * TENTATIVE RULING: *   Defendant PNC Bank, N.A.’s Demurrer to each cause of action within the Complaint is sustained with leave to amend in part and without leave […]
  • Filipino Homeowners Get Principal Reduction Relief Written by admin Featured News, News Highlights, Top StoriesJun 8, 2011 By Henni Espinosa, ABS-CBN North America Bureau June 8, 2011 UNION CITY, Calif. – Amy and Peter Asi, who lost both their jobs in 2009, almost gave up on their home. For two years, they had asked their […]
  • BOMBSHELL- ANOTHER 2ND DCA SMACKDOWN- KONSULIAN! June 1st, 2011 Paragraph 22 of almost every mortgage contains a provision that requires the plaintiff to provide notice and an opportunity to cure the default prior to foreclosure. The principle behind this paragraph and the right to cure is not just a helpful little piece for the defendant, […]
  • Posted on May 26, 2011 by Neil Garfield GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: Here is our problem writ large. The commentary written by Shedlock (see below) is basically on the side of punishing the banks for their wrongdoing, but not giving any relief to borrowers. The logic behind the […]
  • Statutes of Limitations for TILA and RESPA Claims – For TILA claims, the statute of limitations for actions for damages runs one year after the loan origination. 15 U.S.C. § 1640(e). For actions seeking rescission, the statute of limitations is three years from loan origination. 15 U.S.C. § 1635(f). For RESPA, actions brought for lack […]
  • Applicability of US Bank v. Ibanez – The Ibanez case, 458 Mass. 637 (January 7, 2011), does not appear to assist Plaintiff in this action. First, the Court notes that this case was decided by the Massachusetts Supreme Court, such that it is persuasive authority, and not binding authority. Second, the procedural posture in this […]
  • Res Judicata Effect of Prior UD Action – Issues of title are very rarely tried in an unlawful detainer action and moving party has failed to meet the burden of demonstrating that the title issue was fully and fairly adjudicated in the underlying unlawful detainer. Vella v. Hudgins, 20 Cal. 3d 251, 257 (1977). The […]
  • Promissory Estoppel – “The doctrine of promissory estoppel makes a promise binding under certain circumstances, without consideration in the usual sense of something bargained for and given in exchange. Under this doctrine a promisor is bound when he should reasonably expect a substantial change of position, either by act or forbearance, in reliance on his […]
  • Unargued Points – “Contentions are waived when a party fails to support them with reasoned argument and citations to authority.” Moulton Niguel Water Dist. v. Colombo, 111 Cal. App. 4th 1210, 1215 (2003). Filed under: I Have a Plan
  • Responding on the Merits Waives Any Service Defect – “It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of the motion.” Tate v. Superior Court, 45 […]
  • Cause of Action for Intentional Infliction of Emotional Distress – Collection of amounts due under a loan or restructuring a loan in a way that remains difficult for the borrower to repay is not “outrageous” conduct. Price v. Wells Fargo Bank, 213 Cal. App. 3d 465, 486 (1989). Perhaps its when a Marshall is making […]
– Cause of Action for Violation of Bus. & Prof. Code § 17200 – “The UCL does not proscribe specific activities, but broadly prohibits any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising. The UCL governs anti-competitive business practices as well as injuries to consumers, and has as […]
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: Finding that lawyers and judges are confused about the meaning and use of terms like “real party in interest” and “standing,” it hardly comes as a surprise that pro se litigants and other homeowners are confused as well. These concepts, which have been used and abused for […]
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