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
- 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
- Tonight! Qui Tam Actions May 28, 2020Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Qui Tam Actions generally are lawsuits in which an individual sues on behalf of a governmental entity, typically the Federal Government, with the goal of remedying a defrauding of the government by a […] […]Neil Garfield
- Transactions with Homeowners Are Part of Securitization Scheme: Why don’t homeowners and their lawyers use this fact? May 28, 2020So the “RMBS” industry is pushing for “economic relief” in the Pandemic. If they get it, it will be another windfall for Wall Street and investment bankers will go from laughing to convulsing in the privacy of their board rooms. The Wall Street Journal published an article yesterday on how the mortgage market is not […]Neil Garfield
- How to Deal with Claims of Mortgage Selling and “Successors” May 27, 2020I received a question regarding Lehman along with information that the old Lehman crowd regrouped under the name of Matrix Private Capital Group in New York. Fuld is there and in any case involving Lehman engineered “loans” I would encourage the taking of his deposition. The simple but counterintuitive answer is that Lehman wasn’t buying anything, […] […]Neil Garfield
- Charles Marshall Scores Major Victory in Cal. 4th DCA on Chase-WAMU Fraud May 26, 2020This was no easy task. And this is exactly the ruling that all the nay-sayers said could not happen. But it did. https://livinglies.me/wp-content/uploads/2020/05/D075582_Opinion.pdf D075582_Opinion.pdf We reverse because her complaint alleges facts that could support a legal theory of recovery if she were given leave to amend. D075582_Opinion.pdf But Masoud’ […]Neil Garfield
- How to Deal with Motion for Substitution of Plaintiff in Foreclosure Actions May 26, 2020The single basic tool of the investment banks, who are secretly running the whole foreclosure show, is musical chairs. By rotating the players they can successfully bar the courts and the litigants from knowing or pinning down who is real and what is real. All of that ends if you sue the investment bank. Look […]Neil Garfield
- About those tax statements you have seen or received on home “loans” May 25, 2020Answering your question requires tracing the convoluted strategy of the investment banks. Start with the proposition that each player is one of the separate business entities involved in the securities plan that claimed to “have” your loan in some manner, shape or form. Next go to the fact that the creditor role was extinguished in […]Neil Garfield
- Largest Increase in “Mortgage” delinquencies (more than 30 days) ever recorded: 1.6 million jump in last month bringing total to 3.6 million homes May 22, 2020Get ready for the next tidal wave of fraudulent foreclosures.Neil Garfield
- BEWARE: MORATORIUM ON FORECLOSURES MAY NOT STOP SALES OF THE PROPERTY May 22, 2020In a nutshell, moratoriums will do very little for homeowners or the courts. First unless a specific moratorium order states that it bars sales and evictions it is only the foreclosure action that is temporarily suspended. At some point in the near future, homelessness will spike because of a new tidal wave of foreclosures. Second […]Neil Garfield
- Tonight! Court Bias — The Silent Killer in Foreclosures and What To Do About It. 6PM EDT 3PM PDT May 21, 2020Thursdays 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 DeSantis Extending Eviction and Foreclosure Moratorium Through May: Ice in the Winter This is a redo of last week’s intended broadcast. Instead of taking the opportunity to review complaints about the process of […] […]Neil Garfield
- THIS IS NUTS: THE STOCK MARKET IS NOT THE ECONOMY May 21, 2020it seems that Wall Street has managed to get us thinking in terms of investor sentiment rather than economic fundamentals. This is part of a larger pattern powered by Wall Street to get us thinking what they want us to think rather than asking simple, basic questions. And they continue to enjoy the misplaced trust […]Neil Garfield
- Warships Use Decoys to Neutralize Attacks. Don’t fall for it May 21, 2020Very often the reason I won a case tried in front of judge or jury was that I wasn’t afraid to question the essence of the case against my client. Chewing around the edges is a tacit admission that the essence is true and valid. When I represented lenders most borrowers did not contest — […]Neil Garfield
- Another Spectacular Display of Government Collusion with Big Banks: Specialized Loan Servicing Pays $1.25 Million for Failing to Comply with RESPA on $112 Billion in Claimed “Loans” May 19, 2020The consent order requires SLS to pay $1.275 million in monetary relief to consumers in the form of redress and waiver of borrower deficiencies, pay a $250,000 civil money penalty, which will be paid to the Bureau and deposited into the Bureau’s Civil Penalty Fund, and implement procedures to ensure compliance with the Real Estate […]Neil Garfield
- Can you force securitization players to identify the creditor? May 18, 2020The creditor is by definition the party who claims to own the debt. If they own the debt then they are reporting the debt as an asset receivable on their accounting records. Since investors do NOT buy homeowner debts, there is no party anywhere that is a creditor. If there is no creditor, there can […]Neil Garfield
- 2008: It’s not “almost” like they planned it — It is exactly how they planned it! May 15, 2020No “almost” about it. The key to home prices — proven over the last 140 years (see Case Schiller index) , is median income. Median income is what determines home value. Home value cannot be manipulated. But home PRICES can be manipulated. The difference between the two is what causes booms and busts. And the […]Neil Garfield
- Could IRS Enforcement of REMICs Bring Wall Street Into Line? Yes but they won’t do it. Investors and homeowners continue to suffer as victims of fraud. May 14, 2020The most obvious places to look for correction in the illegal conspiracies masquerading as securitization of residential debt were the IRS , the SEC, the FDIC and the FTC and probably later the CFPB. Qui tam (whistleblower) actions were regularly dismissed because the agency that lost money due to false claims rejected the notion that […]Neil Garfield
- COVID19 might be the catalyst for expert witness testimony in foreclosure cases. May 13, 2020The interesting thing is that the cost of producing an expert witness has just been cut by Coronavirus and COVID 19. Experts can testify via various video mediums that are now appearing in most courtrooms. So what had cost thousands of dollars in travel expense and time expense in travel has been eliminated. And in […]Neil Garfield
- Exactly what was that transaction with the homeowner? Was it a purchase of intangible rights or a loan? Was the homeowner paid enough money for use of his name, signature, reputation and property in creating and trading securities? Maybe we’ll find out! May 12, 2020Take ten steps back from the transaction with homeowners and you can see all the reasons why the documents need to be fabricated. You can also see how there should never have been a single foreclosure of any mortgage or deed of trust involving a transaction that was part of a securitization scheme. And if […]Neil Garfield
- Texas Two Step: Wishing won’t make it so…. and neither will relitigating the same points over and over again. May 11, 2020lawyers and pro se litigants have littered the judicial landscape by a Texas two step: first they admit that they have a loan contract and second they try to get out of it. First they admit a breach and then they try to deny the breach. First they admit a loan and then they deny […]Neil Garfield
- Derivative Definition 12 U.S.C. 84(B)(3). Fiction Becomes Fact. May 8, 2020Debts were never securitized but information about them was securitized, to wit: based upon the third place finish in a horse race you never went to and your bet that two of the horses would snort twice as they crossed the finish line you were paid money. That doesn’t mean you own the horse, the […]Neil Garfield
- Tonight! Government Complicity in Wall Street Corruption. How the FDIC Enabled the Chase-WAMU Con Job! + COVID Update 3PM PDT 6PM EDT May 7, 2020Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays This comes back to the fact that we all know we were screwed by the banks in the mortgage meltdown (1996-2008) and that they are still screwing us. Most of us just […]Neil Garfield
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