Fighting the eviction with forms and pleadings a recent case

Author: timothymccandless

Attorney at law, specializing in litigation, labor law overtime, criminal record expungement, partnership dissolution, and Real Estate workout solutions. Employment law claims and Wage and Hour claims Wrongful termination View all posts by timothymccandless

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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
Untitled
Originally posted on Mortgage Asistance 877-227-4341: http://www.facebook.com/pages/California-Justice-Foundation/170293853045518?ref=hl# CLICK IT
timothymccandless
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 Law
California 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 Plan
Obviously, 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 To
Today, 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 Firm
Workout 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

NV Lawmakers Look to Expand Renters’ Legal Protections March 25, 2023
The Nevada Housing Justice Alliance, tenants, lawmakers and community leaders gathered at a news conference outside the Capitol in Carson City this week to rally for legislation to expand legal protections for renters and increase rent control. According to lawmakers, Nevada rent prices soared above the rest of the country last year. They said access to affo […]
Untitled March 25, 2023
The Nevada Housing Justice Alliance, tenants, lawmakers and community leaders gathered at a news conference outside the Capitol in Carson City this week to rally for legislation to expand legal protections for renters and increase rent control. According to lawmakers, Nevada rent prices soared above the rest of the country last year. They said access to affo […]
Untitled March 25, 2023
Tenants rights organizers are pushing back on a New Hampshire bill that would allow landlords to more easily evict people at the end of a lease. Under current state law, landlords have to give a legally justified reason for an eviction, which could include failure to pay rent, or a “good” cause related to financial or […] The post https://stopforeclosurefrau […]
NH lawmakers considering bill to make it easier for landlords to evict tenants March 25, 2023
Tenants rights organizers are pushing back on a New Hampshire bill that would allow landlords to more easily evict people at the end of a lease. Under current state law, landlords have to give a legally justified reason for an eviction, which could include failure to pay rent, or a “good” cause related to financial or […] The post NH lawmakers considering bi […]
Home prices are plummeting everywhere but the US. Blame America’s favorite mortgage. March 24, 2023
Home prices are falling in the United States, but compared to the rest of the world, US buyers are barely getting a break at all. In February, US home prices declined year-over-year for the first time since 2012, according to a National Association of Realtors report. The median existing home price fell to $363,000 in February, a […] The post Home prices are […]
Phoenix City Council OKs funding, but no reprieve, for mobile home residents facing eviction March 24, 2023
PHOENIX – The Phoenix City Council approved $2.5 million Wednesday to help mobile home park residents being forced to move but didn’t take action to stop the evictions. It wasn’t the result the tenants at three mobile home parks, including one property owned by Grand Canyon University, were seeking. GCU purchased the Periwinkle Mobile Home […] The post Phoen […]
Federal Reserve Announces Loan Program To Assure Banks Have Ability To Meet Needs Of Depositors March 22, 2023
In the wake of the failures of Silicon Valley Bank and Signature Bank, on March 12, 2023, the Federal Reserve Board announced that it will make available additional funding to eligible depository institutions to help assure that banks have the ability to meet the needs of all their depositors. The new lending program, called the Bank Term Funding […] The pos […]
Fed hikes interest rate 0.25 point to curb inflation despite banking turmoil March 22, 2023
WASHINGTON—The Federal Reserve raised its key short-term interest rate by a quarter percentage point Wednesday, pushing ahead with its aggressive campaign to tame inflation despite financial turmoil following Silicon Valley Bank’s collapse. But acknowledging the crisis will constrain bank lending and weaken the economy and inflation, Fed officials are now fo […]
In Los Angeles, a friendship grows out of housing strife March 22, 2023
Every time Eduardo Jarquin, who has worked for more than 20 years as a janitor, walks out of the front door of his Koreatown apartment building in Los Angeles he sees the future across the street: A geometric white high-rise, completed in the last year, where one-bedroom apartments rent for $2,480. Jarquin, 58, pays $900 for the […] The post In Los Angeles, […]
The 10 US cities where it’s hardest to build affordable housing March 21, 2023
The nation’s capitol and its surrounding suburbs have the most restrictive and exclusionary zoning of any metropolitan area in the US, according to a new “Zoning Restrictiveness Index” and database created by The Eviction Lab at Princeton University. Restrictive zoning policies are a major obstacle to building more housing, particularly affordable housing fo […]
Cincinnati neighborhood facing mass eviction could see some relief March 21, 2023
CINCINNATI – Ever since Tiffany Ridpath found a note on her door in late February, her life has been a flurry of calls, emails and applications. The three-bedroom rental she’d been living in for three years was one of nearly two dozen properties in the Sedamsville neighborhood to get a notice to vacate from the […] The post Cincinnati neighborhood facing mas […]
Global banking crisis: One big problem down, too many others left to go March 21, 2023
New YorkCNN — After a major, systemically significant bank crumbled over the weekend, the banking crisis left financial institutions and regulators scrambling Monday to prevent its spread. Credit Suisse, hobbled for decades by mismanagement, scandal and bad bets, finally succumbed to the emerging global banking crisis. Its stunning and rapid takeover by riv […]
Northern Colorado Regional Airport won’t evict aircraft owners from aging hangars just yet March 21, 2023
LOVELAND — Owners of soon-to-be displaced small, private aircraft at Northern Colorado Regional Airport have staved off eviction for at least a month so airport officials can get a second opinion on the safety of 58 hangars scheduled to be decommissioned and razed. Following a presentation by hangar tenant Rick Turley on behalf of other […] The post Northern […]
Silicon Valley Bank collapse: What you need to know now March 17, 2023
March 14 (Reuters) – Bruised U.S. bank stocks regained some ground on Tuesday, as a sell-off sparked by Silicon Valley Bank’s collapse gave way to bargain-hunting by investors hopeful that efforts to shore up confidence would avert a wider financial crisis. DEVELOPMENTS * Ratings agency Moody’s cut its outlook on the U.S. banking system to negative from stab […]
Evictions have returned to — or exceeded — pre-pandemic levels March 17, 2023
The rate of eviction filings has returned to or exceeded pre-pandemic levels in many U.S. cities in recent months, amid the historically high cost of housing and other basic necessities. That’s according to data from the Eviction Lab — a Princeton University project aiming to fill an “information hole in the center of the evictions crisis” by collecting data […]
Fed’s emergency bank lending soars to new record March 17, 2023
Emergency loans to banks spiked to a new record in the week through Wednesday, surpassing previous highs reached during the 2008 financial crisis. Why it matters: The details came in a weekly Federal Reserve report released Thursday, which is sure to attract more attention for what it may reveal about stresses in the banking system after the failures of Sili […]

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When to act on your “mortgage transaction” March 28, 2023
Why is “mortgage transaction” bracketed in quotes? Because the transaction is really a draft of homeowners into becoming issuers in a concealed securities scheme. The loan account, part of every traditional loan, is neither created nor transferred. All players are paid off through the sales of certificates that by law are not classified as securities […] […]
Neil Garfield
Emergency: Why the New Article 12 of the Uniform Commercial Code Should Be Rejected March 27, 2023
The UCC is a uniform authority on laws governing all transactions. It is adopted by law in all U.S jurisdictions. Transactions with homeowners are governed by Article 3 (Negotiable Instruments) and Article 9 (Secured Transactions). My attacks on the weakness of the argument for business records of the “servicer” have resulted in the proposed new […]
Neil Garfield
Analysis of Fake Beneficiary Declaration March 24, 2023
2460 FIFE 8-25-2016 BENEFICIARY DECLARATION QUALITY LOAN SERVICE CORP OF WA Toon Hobbs does not say he is an officer of Deutsch Bank. He also does not say that Deutsche Bank warrants ownership over the alleged or implied unpaid loan account. As Document Control Officer, he is also NOT a records custodian and decidedly not a TRUST OFFICER. He […]
Neil Garfield
PennyMac Financial Services: Dubious Accounting Games Won’t Solve Its Crisis March 23, 2023
*at the heart of claims of securitization is a data point that cannot be confirmed or corroborated, to wit: an unpaid loan account owed to as specifically identified creditor who makes decisions regarding collection, enforcement, and workouts. That account and that creditor does not exist in anyone’s world unless they are admitted in a court […]
Neil Garfield
Courts May Not Use Discredited Document as Basis for Judgment March 22, 2023
There is no appellate case in which the following proposition has been ruled upon according to my research: can the court continue reliance on legal presumptions arising from facially valid documents from a litigant who fails or refuses to provide reasonable corroboration of the truth of the matters asserted in said documents? * I have […]
Neil Garfield
Everyone lies March 21, 2023
The basis for most big business plans is to give the consumer the worst possible product or service while convincing the same consumer that the cost is inevitable and the product or service is excellent. This produces something that Alejandro Reyes of Deutsch Bank called a “counter-intuitive” system. * Let me give you a few […]
Neil Garfield
Don’t use your own wording simply because it sounds good to you March 20, 2023
What you are looking for is corroboration that the account exists and corroboration documents showing that consideration was paid and not just recited on the transfer document on paper. * If you don’t demand the right thing or if your demand could be interpreted as asking for something other than what you are after, then […]
Neil Garfield
Foreclosure Defense: What is in a word? EVERYTHING March 17, 2023
The abuse of words is an essential ingredient in any scam. The reason is that the listener or reader has a complex idea of a specific word. By knowing that idea is in the head of the victim, the scammer can extract money and services, and even products from him or her. Madoff used the […]
Neil Garfield
Errors in Court (foreclosure cases): Foundation and Business Records March 16, 2023
hat tip to summer chic Ultimately, the claim made against the homeowner must make commmon sense. But getting there requires litigation skills. But it is true that ANY lawyer that simply follows standard defense strategies can win these cases for homeowners. The key is always lack of foundation and hearsay objections. But the standard error […]
Neil Garfield
REPORT AND RECOMMENDATIONS TO NEW JERSEY SUPREME COURT RESURFACES AFTER SUBMISSION IN 2010: WHY ARE STATE SUPREME COURT IGNORING THE OBVIOUS IMPLICATIONS? March 15, 2023
In 2005, reports started surfacing about fabricated documents, forged documents, and back-dated documents being used to promote “foreclosure” remedies. This one w as issued and submitted to the Supreme Court of New Jersey in 2010. Like Florida and dozens of other states, the Supreme Court and lower appellate courts continued to ignore the most obvious […] […]
Neil Garfield
New York State is approaching critical mass in eliminating illegal foreclosures March 14, 2023
the Foreclosure Abuse Prevention Act (A7737B), recently signed into law by Governor Kathy Hochul, is transformative legislation which may cause the dismissal of thousands of pending foreclosures with prejudice To the delight of court administrators, the changes will cause the permanent dismissal of thousands of foreclosures which have congested the civil doc […]
Neil Garfield
Why Homeowners Are Blocked From Access to the Courts Through Effective Counsel March 13, 2023
Good trial lawyers will easily understand that they don’t need to prove fraud because it is not their client who is making a claim. * They only need to test the evidence to show that there is insufficient evidence to support the inferences and presumptions raised by the current mountain of fabricated, forged, backdated, and […]
Neil Garfield
How Bullshit Becomes Law: Circular logic in the courtroom snags homeowners almost every time. March 10, 2023
If you don’t know the rules, you can’t win the game. And remember, to the foreclosure mills and faux “servicers” and faux “trustees”, this is all a game for which we pay every day as owners, taxpayers and consumers. * One of the interesting things about this is how much they get away with by […]
Neil Garfield
Homeowners’ Rules of Engagement by Garfield March 9, 2023
Just to reiterate the strategy I wish to promote (because it has been 65%-80% successful), the rules of engagement are as follows: Attack as soon as possible — even as early as post closing. Demand the identity of a creditor who has created an unpaid loan account memorializing a “loan” transaction. (FDCPA-DVL and RESPA-QWR) If […]
Neil Garfield
Anonymous Tipster Points Out Resource Info in Support of My Articles March 8, 2023
Without compromising my journalist credentials, I will simply say that the source is 100% reliable and the information is 100% confirmable. The person is well versed in the accounting and auditing of securitization transactions — and as far back as January 2006, the accounting profession was deeply aware of the inherent problems in the way […]
Neil Garfield
The Reason Why Wall Street Opposes Cram-downs for Personal Bankruptcies Might Surprise You March 7, 2023
Recently Forbes published an article by John Wake entitled “Congress Could Have Prevented 500,000 Foreclosures During The Great Recession But Chickened Out.” Echoing what Elizabeth Warren and Katie Porter have been advocating for years, it points out that cramdowns best preserve real loans in which both sides take a hit, but neither side gets a […]
Neil Garfield
“Declarations:” that say nothing: Failure to challenge surrenders all of your rights to defend. March 6, 2023
The declaration is a document that no bank would accept because of all that is missing. it is no technical objection when the homeowner owes nothing to the declared claimant, Plaintiff, or beneficiary. * In many cases, some “declaration” or “certification” is issued to support the attempt to achieve a successful result in foreclosure remedies. […] […]
Neil Garfield
New Law, New Doctrine and Voir Dire of Judges in Bench Trials March 3, 2023
It all comes down to this: ASSUME NOTHING, CHALLENGE EVERYTHING. THE TRUTH IS THAT YOU DON’T KNOW ALL THE ASPECTS OF THE TRANSACTION IN WHICH YOU EXECUTED “LOAN DOCUMENTS” AND YOU DON’T KNOW IF THEY WERE “LOAN DOCUMENTS”. YOU ONLY KNOW THEY HAD A LABEL ON THEM AND YOU WERE EXPECTING A LOAN. THEY WERE […]
Neil Garfield
Are they really mortgage loans? Are they still mortgage loans? March 2, 2023
Most of the long-standing transactions with homeowners were falsely dubbed as “mortgage loans.” And most of the false premises are compounded by additional false premises in the form of forbearance, modification, and other agreements that effectively change the name of the designated “lender” and conceal the absence of an unpaid loan account by many layers [ […]
Neil Garfield
How do you challenge illegal claims to administer, collect or enforce claims arising from transactions with homeowners? Nip It In the Bud! March 1, 2023
The basic idea is not to give a single inch. If you do, you lose. Don’t accept a single assumption or presumption as though it was really true. It isn’t. Always focus on what is missing. Correspondence allegedly from the designated “Servicer” is not signed. It is always ended with a reference to some nondescript […]
Neil Garfield

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