MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE see VIDEO $1.2 Trillion in EXTRA BAILOUT MONEY FROM FED SECRETLY GIVEN TO DOMESTIC AND FOREIGN BANKS Of course the figure is much higher, but the secrecy surrounding the money given by the Fed to the banks is something to enrage any tea party advocate and for that matter any taxpayer. The Federal Reserve window was opened to banks who actually sold their mortgage bonds … Read More
$1.2 Trillion in Secret Additional Bailout for Banks with No Collateral and No Commitments (via Livinglies's Weblog)
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August 27, 2011
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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
- 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. […]
- 11th Circuit: Motion to reschedule foreclosure does not violate RESPA June 18, 2019Lexology- On June 11, the U.S. Court of Appeals for the 11th Circuit affirmed the dismissal of a RESPA action against a mortgage servicer, concluding that rescheduling a foreclosure sale is not a violation of Regulation X’s prohibition on moving for an order of foreclosure sale after a borrower has submitted a complete loss-mitigation application. According […]
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Niel Garfield and the national story
- Free Forensic Audit Seminar Has Closed Registration July 16, 2019Seminar starts Friday, August 2 at 1:30PM. Instructions on how to attend are in your email inbox. Please use email for questions. neilfgarfield@hotmail.com. All invitations have been sent via www.freeconference.com. Anyone who did not receive an invitation was cutoff when we exceeded 100 prospective participants. Or, they were cutoff because they did not sup […]Neil Garfield
- Just to be clear, MERS is absolutely nothing. July 16, 2019For some reason I have been getting more questions about MERS lately. My analogy has always been that MERS is like a holograph of an empty paper bag. So here are some basic factors for the checklist and analysis: MERS never signed any contract with any borrower. MERS never has any contractual or other legal […]Neil Garfield
- What is Fair? July 15, 2019The question should not be the bipolar question of who gets a “free house,” with the answer being the borrower or a party claiming entitlement to enforce. The question should be how to create a new equitable and legal infrastructure to clean up the mess that the banks created without unnecessarily penalizing either the investors […]Neil Garfield
- Tonight! Banks Get Taste of Their Own Medicine Neil Garfield Show 6PM EDT July 11, 2019Thursdays LIVE! MERS SEEKS RELIEF FROM QUIET TITLE! The Neil Garfield Show With Co-Host Charles Marshall or prior episodes Or call in at (347) 850-1260, 6pm Eastern Thursdays ******************************* MERS is seeking to vacate a default quiet title judgment in a California lawsuit, by suing as a plaintiff on the basis that they were never properly serv […]Neil Garfield
- Message to All People Who Signed Up for Free Forensic Loan Auditor Seminar July 11, 2019This is a message to all people who have signed up for the Free Forensic Loan Auditor Seminar presented by the Garfield Continuum and hosted by GTC Honors, Inc. There are approximately 85 people signed up so far. The seminar length is 2 hours including Q&A. We will not cover all potential topics in […]Neil Garfield
- How do I Use Article 9 §203 UCC Requiring Value Be Paid for Debt? July 11, 2019Many of you have essentially asked the same question referring to Article 9 §203 UCC as adopted by the laws of your state. There is no known cause of action for breach of that statute although one might be conjured. It is an interesting suggestion. My reference to it is simple: the statute says that […]Neil Garfield
- What is in a name? For Forensic Examiners Free Seminar on August 2 July 10, 2019FREE SEMINAR FOR FORENSIC AUDITORS The analysis of the name being used by the lawyers to present a Plaintiff defeats the existence of a legal person. And and in cases where the the same named Plaintiff has already initiated foreclosure and been dismissed, the findings of fact announced by the prior judge will bar […]Neil Garfield
- Required Reading for Free Forensic Loan Examiners Seminar on August 2, 2019 July 5, 2019see FREE SEMINAR FOR FORENSIC LOAN AUDITORS The difference between merely writing a report and actually getting its contents admitted into evidence — and then to get a court to give it enough weight to turn the tide in findings of fact — is monumental. Anyone can write a report. Whether it is admissible and […]Neil Garfield
- Federal Judge Slams Bayview and Attorneys on Illegal “Modification” Maneuvering July 3, 2019The Lesson here is that the denial of modification presents and important opportunity to challenge the practices, authority and viability of claims by parties who seek to collect, enforce or administer loans. [This decision is dated 11/15/17. Check any future litigation or comparable decisions before using. ] The goal is foreclosure. There can be no […]Neil Garfield
- Why Standing is Important July 1, 2019It’s easy to get lost in the weeds. Lots of people bring up the issue of standing without realizing that they are invoking constitutional rights and required processes. But beyond that they are invoking common sense, to wit: simply stated, no person should be deprived of their property without due process of law by a […]Neil Garfield
- FREE FORENSIC LOAN AUDITOR SEMINAR June 28, 2019THIS SEMINAR REGISTRATION IS CLOSED BECAUSE MORE THAN 100 PEOPLE SIGNED UP AND WE ONLY HAVE SPACE FOR 100. IF YOU WOULD LIKE TO SEE ME DO THIS AGAIN SEND AN EMAIL TO NEILFGARFIELD@HOTMAIL.COM Dear Forensic Loan Auditors: I am weary from looking at reports that do not present homeowners or lawyers with something […]Neil Garfield
- Transcript of Neil Garfield Show: How to Survive Litigation June 28, 2019CLICK HERE TO LISTEN TO SHOW Blog Talk Radio 6-27-19 * Tonight! How to Survive Litigation on the Neil Garfield Show 6PM EDT! * Hello, Neil Garfield here and this is Thursday June 27, 2019. Tonight, we talk about the uphill battle for pro se homeowners and lawyers for homeowners in the current judicial […]Neil Garfield
- Tonight! How to Survive Litigation on the Neil Garfield Show 6PM EDT! June 27, 2019Thursdays LIVE! Click in to current episodes of The Neil Garfield Show or prior episodes Or call in at (347) 850-1260, 6pm Eastern Thursdays =========================== Both lawyers and pro se homeowners are continually frustrated by the Dickensian process of the courts. If you don’t know what that means, go read Bleak House by Charles Dickens. If nothing [… […]Neil Garfield
- Payment History as Exception to Hearsay Rule June 26, 2019A recent decision from the 1st Circuit of the U.S. Court of Appeals applying FRE 803(6) states the current law — whether you like it or not. Pretending these decisions don’t exist or trying to avoid them is both pointless and highly likely to undermine your credibility in any other narrative or argument. Note that […]Neil Garfield
- McDonough v Smith: High Court Open Door on Fabrication of Evidence June 25, 2019This decision is extremely important for 2 reasons. 1st, it reaffirms a right under federal law to bring an action for damages for fabrication of evidence. 2nd, and equally important, it establishes that the time to bring such a claim does not start until the conclusion of litigation, whether successful or unsuccessful. see Article on […]Neil Garfield
- Great Article on Discovery June 24, 2019While I have often expressed my opinions regarding how to conduct discovery, the article written by Donna Welch, Esq., and Kaitlin L. Coverstone of Kirkland and Ellis LP in Chicago Illinois presents a clearer and more concise blueprint for planning and executing discovery. see SHAPING DISCOVERY Some notable quotes: Have a strategy. Rather than sending a huge […]Neil Garfield
- Tough Love: Stop Attacking Judges as Stupid or Corrupt. June 21, 2019Without naming names, I recently responded to an email insisting that I take judges to task for “bad rulings.” I’ve been a trial lawyer for more than 42 years, tried over 2,000 cases and I have reviewed the results of more than 10,000 foreclosure cases. While “bad rulings” are common they are neither produced by […]Neil Garfield
- Tonight! PMK!! How to Deal With Robo-witnesses In foreclosure Litigation June 20, 2019Thursdays LIVE! Click in to WEST COAST The Neil Garfield Show Hosted tonight by Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Robosigning is the act of placing a signature on a document on behalf of a person who knows nothing about the document, and who probably has no authority […]Neil Garfield
- Help! I need somebody! How to convince an attorney to take your foreclosure case June 19, 2019We are inundated with requests for help. We will try to get to each request in timely fashion but in the meantime perhaps this post will be of some assistance. Most people start off by bringing to us a case that is already in progress. But for those whose case is just starting this article […]Neil Garfield
- Great Article Summarizing Securitization Risks June 18, 2019see http://www.ipsnews.net/2019/06/financialization-promotes-dangerous-speculation/ This was originally hailed as a brilliant financial innovation as US Fed chair Alan Greenspan believed that CDOs transferred risk from banks to investors able and willing to take it on. But securitization not only increased systemic risks, but also did not reduce risk to the […]Neil Garfield
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