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 949-388-7779 & 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
- GUY v PLAZA HOME MORTGAGE, INC. | FL 2nd DCA – Court Chides Broward Clerk’s Brenda Forman Office for Backdating Foreclosure Judgments April 26, 2018“By backdating the electronic filing stamp, the clerk changes the rendition date, possibly to the prejudice of an appellant,” the Fourth DCA panel wrote. DBR- The Fourth District Court of Appeal released a two-page opinion to “disapprove of a practice in the Broward County Clerk’s office.” The ruling came Wednesday after a pro se defendant, Kenneth Carl […] […]
- U.S. BANK NATIONAL ASSOCIATION v. MATHEW | NY SC – Young Law Group, PLLC Beats NY Mortgage Statute of Limitations, Again, This Time For Queens Family! April 26, 2018Mathew (241-14)- 2017- mot 001- 20180413 SOL Dismissal by DinSFLA on Scribd © 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
- Mulvaney, Watchdog Bureau’s Leader, Advises Bankers on Ways to Curtail Agency April 26, 2018NYT- Mick Mulvaney, the interim director of the Consumer Financial Protection Bureau, told banking industry executives on Tuesday that they should press lawmakers hard to pursue their agenda, and revealed that, as a congressman, he would meet only with lobbyists if they had contributed to his campaign. “We had a hierarchy in my office in […]
- Consumer Bureau Looks to End Public View of Complaints Database April 26, 2018NYT- Financial companies have worked to diminish the Consumer Financial Protection Bureau’s powers since the day the agency was created. Now, they’re on the brink of having one of their top demands granted: an end to the regulator’s public database of complaints about their products and services. Since 2011, the bureau has maintained an open, searchable […] […]
- Bayview Loan Servicing, LLC v. Pierce | HAWAII ICA – general issue of material fact as to whether Bank of New York had standing at the time of this foreclosure action was commenced April 24, 2018CAAP-16-0000584sdo by DinSFLA on Scribd © 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
- Bureau of Consumer Financial Protection Announces Settlement With Wells Fargo For Auto-Loan Administration and Mortgage Practices April 23, 2018WASHINGTON, D.C. — Today the Bureau of Consumer Financial Protection (Bureau) announced a settlement with Wells Fargo Bank, N.A. in a coordinated action with the Office of the Comptroller of the Currency (OCC). As described in the consent order, the Bureau found that Wells Fargo violated the Consumer Financial Protection Act (CFPA) in the way it […] […]
- Wells Fargo Needs An Extension To Meet OCC Consent Order April 23, 2018PYMNTS- Wells Fargo, the embattled bank, is gearing up to ask the Office of the Comptroller of the Currency for an extension to a deadline to meet an enforcement action that has to do with anti-money laundering controls at the bank. The Wall Street Journal, citing people familiar with the matter, reported the bank’s wholesale […]
- TFH 4/22 | Foreclosure Workshop #56: HSBC Bank v. Moore — Determining What Is Required In Court To Prove the Legal Right To Foreclose in Your State April 23, 2018COMING 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 – April 22, 2018 . ——————— Foreclosure Workshop #56: HSBC Bank v. Moore — Determining What Is […]
- HSBC Bank USA v. Moore | Hawaii ICA – Dubin Law Offices annihilates HSBC in this awesome order- “Qualified Witness” FAIL! “Assignment of Mortgage” FAIL! “Possession of Note” FAIL! “Allonge to Note” FAIL! — VACATED AND REMANDED April 21, 2018CAAP-17-0000478mop by DinSFLA on Scribd © 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
- Wells Fargo nears $1 billion settlement for loan abuses April 20, 2018Reuters- Wells Fargo & Co (WFC.N) is close to settling a record fine of $1 billion imposed by two U.S. regulators for its risk management business, a source familiar with the matter told Reuters on Thursday. Last week, the U.S. Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC) […]
- Foreclosure starts rise as moratoria in Texas and Florida end April 19, 2018National Mortgage News- March’s increase in foreclosure starts was a direct result of the end of the moratorium for borrowers affected by Hurricanes Harvey and Irma, Black Knight said. There were 52,100 foreclosure starts in March, up 11.56% over February’s 46,700. Florida and Texas were responsible for two-thirds of that increase, Black Knight said in its m […]
- Wells Fargo fired whistleblower for complaints about incentives to mislead: lawsuit April 19, 2018East Bay Times- The former head of beleaguered San Francisco-based bank Wells Fargo’s foreign exchange group claims he was fired weeks before he was to tell federal regulators about incentives that encouraged employees to “make false and misleading representations to customers, to engage in abusive sales practices, and to enrich themselves at the expense of […]
- HSBC BANK USA, NATIONAL ASSOCIATION v. BUSET | Florida’s Third District Court of Appeal Rejects Trial Court’s Findings on Borrowers’ Defenses, Including “Unclean Hands,” and Reverses Involuntary Dismissal in Foreclosure Action April 18, 2018Lexology- A unanimous three-judge panel for Florida’s Third District Court of Appeal recently issued an opinion that will have a significant impact on the scope of certain defenses that are routinely asserted by defense counsel in foreclosure litigation. The case, HSBC Bank USA, National Association v. Buset, No. 3D16-1383, 2018 WL 735265 (Fla. 3d DCA Feb. [ […]
- Foreclosure hangover: How the 2008 crisis created a new class of renter April 18, 2018The Mercury News- For decades, the single-family house surrounded by a white picket fence has symbolized the American dream of home ownership. But these days those picture-perfect homes increasingly are occupied by renters, not owners — a new trend with roots in the foreclosure crisis 10 years earlier, according to a recent study by UC […]
- Deutsche Bank National Trust Co. v. Wuensch | WI Supreme Court Upholds Foreclosure Judgment, Bank “Possessed” the Note April 17, 2018WisBar News- The Wisconsin Supreme Court has ruled (5-2) that an attorney’s presentment of an original note secured by a mortgage in court was enough to establish that the bank was entitled to judgment of foreclosure based on “possession” of the note. That is, in Deutsche Bank National Trust Co. v. Wuensch, 2018 WI 35 (April […]
- Wells Fargo says it faces a $1 billion penalty for its mortgage and auto business misdeeds April 16, 2018Pittsburgh-Post Gazette- Wells Fargo said Friday that it faces a potential $1 billion in fines to resolve government investigations into the megabank’s behavior in the auto and mortgage markets. The bank has acknowledged that it charged thousands of customers for auto insurance they didn’t need, driving some to default on their loans and lose their […] […]
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Niel Garfield and the national story
- Tonight! How Are Homeowners Winning? The Neil Garfield Show April 26, 2018How Are Homeowners Winning? Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Homeowners are winning cases in increasing numbers as Judges get increasingly skeptical of the so-called evidence that is brought into their courtrooms by banks and servicers. Homeowners are winning foreclosure cases with ru […]Neil Garfield
- Swindlers List April 26, 2018For reasons unknown to me these two videos have had a combined viewing total of around 225. It should be 225 million. This is a first step on changing that. Everyone who is or has been involved in foreclosure or whose neighbor has been involved in foreclosure should view these two relatively short animated presentations. […]Neil Garfield
- JUDICIAL NOTICE IS BEING USED AS A SUBSTITUTE FOR PROOF OF FACTS THAT ARE CONTESTED April 24, 2018The entire playbook of the banks and servicers consists of one underlying theme: to obtain foreclosures based upon presumptions that are contrary to the facts. GO TO LENDINGLIES to order forms and services Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You wi […]Neil Garfield
- Hawai’i Appellate Court Strikes at the Root of Fraudulent Foreclosures: HSBC Deutsch and PNC Crash and Burn April 23, 2018This decision, although not yet for publication, brings us another step closer to exposure to the largest economic crime in human history. Every lawyer should read it more than once in its entirety. It contains the arguments and the narrative for most successful defense strategies against fraudulent foreclosures. Fundamental to understanding why foreclosures […]Neil Garfield
- Lehman to Pay $2.4 Billion out of Bankrupt Estate April 17, 2018“Lehman’s own documents show it was aware of the widespread problems and deteriorating performance of the loans it had securitized,” with half the loans at one point containing material misrepresentations, the trustees said in a court filing. Editor’s Note: The difference is money — investors have it and borrower’s don’t. So while investors are successfully […]Neil Garfield
- No Surprise: Ocwen & US Bank Hit by $3.8 Million Verdict in Chicago Federal Trial For Violations in Fake Foreclosure April 16, 2018“The jury, after deliberating for approximately 7 hours, determined that Ocwen breached its contract, violated RESPA for failing to adequately respond to Saccameno’s Qualified Written Request, violated the FDCPA and committed both unfair and deceptive acts in violation of the Illinois Consumer Fraud Act. Monette Saccameno was awarded $500,000.00 in compensa […]Neil Garfield
- Fla 4th DCA Slams Door on “another Ditech loan” in foreclosure claims April 13, 2018The trial court erred (i.e., it was wrong) when it accepted unfounded hearsay testimony over Defendant’s timely objections. Kudos to Mark Stopa, Esq. Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a lot easier on us and yourself […]Neil Garfield
- Tonight — Silent Roles of Fannie Mae and Freddie Mac — Hiding Behind the Obtuse April 12, 2018How to Withhold Vital Information from Homeowners Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the Government Sponsored Entities (GSEs) banks, the courts and the regulators in allowing “presumpti […]Neil Garfield
- Bank Fraud News: The reason why banks and servicers should receive no presumption of reliability April 12, 2018The following is but a short sampling supporting the argument that any document coming from the banks and servicers is suspect and unworthy of any legal presumption of authenticity or validity. Judges are looking into self-serving fabricated documentation and coming to the wrong conclusion about the facts. Chase following bank playbook: screw the customer “C […]Neil Garfield
- Adverse Possession vs Cancellation of Instrument and Quiet Title April 11, 2018In the final analysis, the only way to smoke out the banks on their fraudulent claims as “creditors” or “agents of creditors” is to create a situation where the creditor must be disclosed. In those cases where judges have ruled in discovery or ruled on the right to prepay, subject to identification of the creditor, […]Neil Garfield
- Oregon Strikes Down Hearsay Part of Affidavit April 10, 2018It’s been the bane of existence for foreclosure defense lawyers. They are presented with affidavits or declarations in which the matters that are asserted are not based on personal knowledge and are hearsay that should be excluded from any evidence considered by the court. These documents are most often offered in motions for summary judgment […]Neil Garfield
- Why Void Assignments are Void Not Voidable April 9, 2018RATIFICATION OF VOID ASSIGNMENTS IS IMPOSSIBLE AND ABSURD In the wake of the California Supreme Court’s decision in Yvanova and its progeny, the legal community has accepted the unacceptable (and the ridiculous). The bottom line of the decision is that a void assignment can be the basis for a lawsuit for wrongful foreclosure but it cannot […]Neil Garfield
- Discovery in Foreclosure Actions April 9, 2018Discovery is more complex than lay people realize. There is a lot of work that goes on behind the scenes in court. Our paralegal, Connie Lasco, saw the problems and forwarded the request for service to me for comment. Here is an example of my comments to one homeowner who is defending her home pro […]Neil Garfield
- Tonight 6pm EDT: The New Industry of Fabrication and Theft of Loans April 5, 20188 Fraudulent Steps to Ill-gotten Gains Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the banks, the courts and the regulators in allowing “presumptions” to be used even when the […]Neil Garfield
- Why Borrowers Have the Right to Rescind under the Truth In Lending Act April 5, 2018In my opinion any foreclosure judgment or foreclosure sale that took place after a notice of rescission was sent and delivered is completely void and should be treated the same as a wild deed. This is particularly true in cases where courts have ignored the rescission completely and failed to issue an order effectively vacating […]Neil Garfield
- Securitization and Standing April 2, 2018Like other decisions establishing the law of the land, the decisions of SCOTUS are often taken as advisory or optional. Nevertheless TILA Rescission and Article III standing have been affirmed by the Court of last resort. Reluctant judges in trial and appellate courts will get their hands slapped one more time but all the bad […]Neil Garfield
- ZeroHedge: It’s Subprime Time! 2008 Part Deux-Coming to a Market near You! March 31, 2018https://www.zerohedge.com/news/2018-03-30/deja-vu-all-over-again-subprime-mbs-demand-oversubscribed-and-sp-says-risk The stock market is at record highs and people with FICO scores as low as 500 are once again happily obtaining mortgages. Not only that, but these mortgages are once again being securitized and are in demand by yield chasers. All of the elem […]Neil Garfield
- Wells Fargo “Lending” Securities It Didn’t Own March 28, 2018Translation: WFB was the “custodian” of alleged “mortgage-backed” certificates issued for the benefit of investors who paid billions of dollars for ownership of the certificates. WFB “Loaned” those alleged securities to brokers. The brokers in exchange provided “collateral” the proceeds of which were reinvested by WFB. In short, WFB was laundering the invest […]Neil Garfield
- TILA RESCISSION: The war is NOT over contrary to bank disinformation March 26, 2018The banks have not asked for an order vacating a TILA RESCISSION because they know that following standard procedure would block them from challenging TILA RESCISSION. This is PROCEDURE vs SUBSTANCE. That is what this has always been about. As more courts continue to “rule” on TILA RESCISSION, getting it wrong every time, the effort […]Neil Garfield
- APPELLATE PRACTICE WITH CHARLES MARSHALL 6PM EDT TONIGHT March 22, 2018Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays We hardly ever address appellate practice on these pages or the Neil Garfield Show. Tonight Charles Marshall, California Attorney, discusses basic factors on appeal. What is an appeal? When should notice of appeal be filed? What […]Neil Garfield
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