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
- The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 January 8, 2021The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 ensures New York renters and homeowners impacted by the COVID-19 pandemic can safely remain in their homes. The act suspends eviction and foreclosure proceedings for 60 days to give renters and homeowners the opportunity to submit a hardship declaration. If you face eviction or foreclosur […]
- Oregon extended ban on evictions but not foreclosures January 8, 2021PORTLAND, Ore. — While state lawmakers extended Oregon’s eviction moratorium for an additional six months, they didn’t do the same for foreclosure protections, worrying some homeowners and housing advocates. The CARES Act, passed by Congress last spring, provided for protections for homeowners with a federally backed loan. Advocates say about 70% of mortgage […]
- FHA Extends Foreclosure And Eviction Relief For Homeowners December 24, 2020The Department of Housing and Urban Development recently announced that the Federal Housing Administration is granting a two-month extension of its foreclosure and eviction moratorium and initial forbearance requests through February 28, 2021. The moratorium is for single-family home borrowers with FHA-insured mortgages to request an initial Covid-19 forbear […]
- Gryphon USA: Extension of eviction, foreclosure moratorium no long-term solution December 24, 2020COLUMBUS, Ohio, Dec. 23, 2020 /PRNewswire/ — Recent actions at the federal level to extend foreclosure and eviction moratoriums on certain sections of the housing market through January will allow the incoming administration of President-elect Biden to revisit the issue after Inauguration Day, according to Columbus distressed assets manager and auctioneer Ri […]
- Will Foreclosures Boom in 2021? December 16, 2020While it doesn’t influence our opinions of products, we do receive compensation from partners whose offers appear here. We’re on your side, always. See our full advertiser disclosure here. Given the number of Americans who have struggled financially during the coronavirus pandemic, you’d think foreclosure numbers would be booming. But actually, according to […]
- Oregon lawmakers weigh possible response to impending return of foreclosures December 16, 2020For Oregonians that have been struggling to make ends meet during the COVID-19 crisis, the next few weeks could be dire. An estimated 70,000 Oregonians are poised to lose their unemployment benefits by the end of the month as federal help expires. At the same time, statewide protections against evictions and foreclosures are also set […] The post Oregon lawm […]
- Foreclosure filings are way down. There’s a reason December 11, 2020One of these is not like the others: Homeowners are still struggling to meet their monthly mortgage bills, the coronavirus is on the rise, the economy is scuffling and foreclosures filings are way down. November foreclosures filings dropped to 10,042, a 14 percent dip from October and an 80 percent drop from the roughly 50,000 […] The post Foreclosure filing […]
- Portland police clash with protesters over foreclosure of Black and Indigenous family December 11, 2020According to The Oregonian, activists have camped out for months at a foreclosed home in an effort to keep a Black and Indigenous family in the house they had owned for decades. Police arrived at the property at 5 a.m. Tuesday and cleared people out so the new owners could put up fencing and board […] The post Portland police clash with protesters over forec […]
- Nearly 6 million Americans — roughly equivalent to the entire population of Singapore — are threatened by eviction and foreclosure this month December 3, 2020Almost 18 million Americans are behind on rent or mortgage payments. Roughly one-third of them, or 5.8 million Americans, said in a survey by the US Census Bureau in November that they expected to face eviction or foreclosure in the coming months. That’s about the size of the population in Singapore. The survey found that […] The post Nearly 6 million Americ […]
- FHFA Extends Foreclosure Moratorium to Jan. 31. What to Know. December 3, 2020The Federal Housing Finance Agency has extended its moratoriums on single-family foreclosures and real estate-owned evictions until January 31, 2021, at the earliest, the agency announced Wednesday. The moratoriums, part of the FHFA’s response to the economic impacts of the global pandemic, shields homeowners with mortgages backed by Freddie Mac and Fannie M […]
- Foreclosure Moratoria and the Distressed Auction Market November 25, 2020Despite widespread foreclosure moratoria, completed foreclosure auctions are percolating, the Q4 Distressed Market Outlook from Auction.com shows. While remaining below 78% below year-ago levels, there was a 24% uptick of completed foreclosure auctions to a six-month high in September. That said, the moratoria have played a part in creating a backlog of like […]
- Foreclosure filings rise despite moratoriums in place November 20, 2020The number of foreclosure filings in the U.S. rose almost 20% compared to the previous month during October. ATTOM Data Solutions, which reported the finding, said foreclosure filings include default notices, bank repossessions and scheduled auctions, and said the COVID-19 pandemic is the most likely factor behind the increase. “It’s a little surprising to s […]
- Alabama Appellate Court Voids Foreclosures For Using The Word “May” November 20, 2020This past June, in Barnes v. U.S. National Bank, No. 2180699, the Alabama Court of Civil Appeals held that a mortgagee’s notice of acceleration failed to strictly comply with the notice provisions contained in Paragraph 22 (“Paragraph 22”) of the Fannie Mae/Freddie Mac Uniform Mortgage. As a result, the Court held that the foreclosure sale […] The post Alaba […]
- Triad foreclosures remain sharply down due to pause by lenders November 13, 2020he decision by lenders to pause foreclosure proceedings in the COVID-19 pandemic continued a dramatic drop in foreclosure filings during October. According to a report released by Attom Data Solutions, the five-county Winston-Salem metropolitan statistical area had just 36 filings, down 81.1% from 191 a year ago, However, the pace did pick up compared with [ […]
- Share of mortgages in foreclosure at historic low – CoreLogic November 13, 2020The share of mortgages in some stage of the foreclosure process was at 0.3% in August 2020 – down from 0.4% in August 2019 and the lowest it has been since “at least January 1999,” according to analytics firm CoreLogic. However, the firm also revealed a significant increase in serious delinquency rates – or mortgages […] The post Share of mortgages in forecl […]
- US foreclosure filings increase 20% in October despite moratoriums November 11, 2020A total of 11,673 US properties received foreclosure filings in October 2020, according to a new report from Attom Data Solutions released Tuesday Source: https://www.inman.com/2020/11/10/us-foreclosure-filings-increase-20-in-october-despite-moratoriums/ © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved. The post US foreclosure filings increase 2 […]
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Niel Garfield and the national story
- Denial is not a Defense: Registrars and Clerks Are Missing the Point and Most of Them Know It January 19, 2021It is the transfer document itself that suggests there was something to transfer. And it suggests that there really is a transferor and transferee because that is what is written on a piece of paper. But there is no transaction that is memorialized. It is all fiction. Nothing was transferred. But that fiction leads to […]Neil Garfield
- Banks have failed to produce any evidence that isn’t false and fabricated January 18, 2021If it were true that the claimants and plaintiffs in foreclosures were real, you would have reams of pleading, exhibits, and evidence showing that — and there would be very few defenses left for homeowners. in 14 years of challenges from me — in and out of court — the banks have failed to produce […]Neil Garfield
- Another Dubin Victory for Homeowners In Hawaii. How crazy is it that he is under fire? January 15, 2021see SCWC-18-0000071 * There are several things in this case that I find astonishing. * First and foremost is the fact that here is another victory by Gary Dubin on behalf of a Hawai’i citizen fighting to defend his home against an unlawful, illegal and fraudulent claim. And yet, the same court granting his appeal […]Neil Garfield
- Crazy! Banks announcement drop in foreclosure filings due to moratoriums as if there is no problem! January 15, 2021 Neil Garfield
- Servicers relent one case at a time: The Great Escrow Balance Game. Getting money just because you asked for it. January 15, 2021Playing with the escrow balance and asking for more money is one of many games the “servicers” play in the Great Securitization game. Relentlessness in challenging (1) the authority of the company pretending to be a servicer and (2) their rendition of the escrow balance and reconciliation of their request for more money is how […]Neil Garfield
- Tonight! Attorney Charles Marshall talks about anticipated 2021 trends in foreclosure nationwide, through the lens of the now “new normal” of Covid-19 restrictions January 14, 2021Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Host attorney Charles Marshall will address on today’s Show anticipated 2021 trends in foreclosure nationwide, through the lens of the now “new normal” of an interlay of Covid-19 restrictions micromanaging all as […]Neil Garfield
- Florida Supreme Court Reverses: Homeowners can recover attorney fees even if they prove lack of standing when they win January 13, 2021see Page v. Deutsche Bank Tr. Kudos to Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, Florida, for Petitioner William L. Grimsley and Kimberly Held Israel, Jacksonville, Florida, Daniel Alvarado, Elia Alvarado, South Florida Defense Group, Bowin Law Group, Michael Jay Wrubel, P.A., Jonathan Kline, P.A. “The certified conflict issue in this case i […]Neil Garfield
- If you have CYNTHIA RILEY’s “signature” on any document in your chain of title you need to read this. Same for Jess Almanza. January 12, 2021MFI-Miami has a file cabinet filled with foreclosure files containing Riley’s stamp that weren’t consummated until months or years after she left Washington Mutual. https://mfi-miami.com/2017/11/jpmorgan-chase-1/ Nearly 2/3 of the Washington Mutual Promissory Notes in foreclosure contain an endorsement stamp of former Washington Mutual Vice President Cynthia […]Neil Garfield
- IS ANY OF THIS REAL? From LaSalle Bank to ABN AMRO and LaSalle Bank to Bank of America Ending With U.S. Bank January 11, 2021The progression from LaSalle Bank to Bank of America to US Bank is highly suspect. While it is true that there was a merger between Bank of America and LaSalle bank, It is equally true that the merger was preceded by a reverse merger between LaSalle Bank and ABN AMRO. And there is nothing in […]Neil Garfield
- Tax Free Scheme Robs Homeowners and Investors — Trillions Owed to IRS and State Tax Authorities January 8, 2021Hat tip to Summer Chic There are many ways this fraudulent conduct can be stopped or modified. One of them is for taxing authorities to take notice that most of the money generated from the scheme was never reported as income resulting in astronomical underpyments of income tax, transfer taxes, recording fees, etc. Sales of […]Neil Garfield
- Tonight! Homeowners are NOT FALLING BEHIND!! They are falling deeper into a trap. More Questions and More Answers!!! pm EST 3PM PST January 7, 2021THE COMING WAVE OF FORECLOSURES: ARE YOU READY? 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 Each payment made by the homeowner to a self-proclaimed servicer is being collected by a third-party vendor, probably under the control of Black Knight. That […]Neil Garfield
- Homeowner’s Dilemma and Pro Se Nightmare: Wanting the system to change is not the way to win a case January 6, 2021Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete evidence that there is, in fact, a loan receivable entry on the accounting ledgers of the claimant and that it got […]Neil Garfield
- In most cases the originator labelled as “lender” was never the lender and never owned the debt — so it could not transfer or convey the loan to anyone January 5, 2021The challenge to homeowners and attorneys who represent homeowners in foreclosure proceedings, is to see the written documents not as presumptively true, but rather as presumptive lie. It is true that the corut will look at documents that appear to be facially valid and then apply legal presumptions based upon the facial validity of the […]Neil Garfield
- Will 2021 be any different for investors and homeowners? January 4, 2021For the last 20 years nearly everyone has had it wrong about the legal, moral, and ethical position of investors and homeowners. It is time to get it right. The economy and the world of finance will remain on thin ice until we get back to basics. The only things holding us up right now are […]Neil Garfield
- Up in Price but Not in Value—The coming collapse of the housing market and the intersection with securities and foreclosures December 31, 2020They paid the homeowner to acknowledge the existence of a fictitious loan transaction so that the investment bank could sell securities that were unrelated to ownership of the “loan.” * That money is far from cheap. It will take everything you have and more. * For 140 years since data was compiled about this subject, […]Neil Garfield
- I had nearly all of it right back in September 2008 before everything blew up. December 29, 2020“ALL OF THESE FORECLOSURES ARE TAINTED BY THE PROBABILITY THAT EVERYONE HAS RECEIVED PAYMENT BUT THEY ARE TRYING TO GET THE PROPERTY TOO AS WINDFALL TO ONE OR MORE OF THESE FRAUDULENT PLAYERS. THE BORROWER IS LEFT HOLDING THE BAG WHILE EVERYONE ELSE GETS PAID OR BAILED OUT.” see https://livinglies.me/2008/09/11/foreclosure-defense-records-frequently-dont-exi […]Neil Garfield
- Ireland Decision and New Legislation Spells Trouble for Investment Banks, Relief for Investors and Homeowners December 28, 2020Wall Street banks can’t control everything. As the old adage goes “You can fool some of the people some of the time and maybe some of the people all of the time. But you can never fool all of the people all of the time.” In a global economy, nothing happens in a vacuum. Although […]Neil Garfield
- Anyone with an email address looking like “exgorrit” should resubmit their registration form with the correct email address December 23, 2020Thanks for sending in your registration form. But if you don’t give us the correct email address you will never receive a response. Here was my answer to your chat question: I do have the names of some handwriting experts that have been used in the past. But I must warn you that the opinion […]Neil Garfield
- What happens when the moratoriums end? December 22, 2020Millions of Americans have received notices of delinquency that threaten foreclosure or eviction. Current estimates are that 1/3 of them will end up subject to foreclosure or eviction proceedings. For homeowners, this is an opportunity to fight back. The current COVID19 relief bill will do nothing to enable people to bring their “accounts” current — […] […]Neil Garfield
- Why we need rule changes in the court systems: Judicial Fairness and Judicial Economy December 21, 2020In the next wave of foreclosures coming in 2021, we can stop them if we can simply require an allegation from claimants that they own the underlyign obligation. After that the homeowner can ask for proof of that assertion. If there is no proof, then the claim fails. Knowing that, the would be foreclosers would […]Neil Garfield
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