13 Responses to “Foreclosure injunction TRO”
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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
- Foreclosure threat grows as COVID-19 surges, Fed says August 7, 2020‘The threat that forbearance will transition to foreclosure has regained power’ as COVID-19 infections spike, Fed says The danger of mortgage forbearances turning into foreclosures is rising as COVID-19 infections surge in the U.S., according to the Federal Reserve Bank of Atlanta. COVID-19 cases in Texas, Arizona, Florida and other sunbelt states have set r […]
- Man Pleads Guilty To Nearly $32 Million Mortgage Fraud Scheme August 7, 2020Michael Scott Leslie, 57, Boulder, Colorado, pleaded guilty today to federal bank fraud and aggravated identity theft charges. According to the stipulated facts contained in Leslie’s plea agreement, Leslie owned, operated, or otherwise had an interest in several business entities, some of which were operated out of Colorado. These entities were involved in […]
- Houston couple wins $5.4 million in foreclosure fraud suit against Wells Fargo August 6, 2020Houston couple wins $5.4 million in foreclosure fraud suit against Wells Fargo Sometimes David beats Goliath December 10, 2015, 5:53 pm By Ben Lane It’s a story that’s been seen hundreds, if not thousands of times since the housing crisis. Homeowners fight back against foreclosure, saying that the lender or servicer has no legal authority […]
- FHFA Extends Foreclosure and Eviction Moratorium August 6, 2020News Release FHFA Extends Foreclosure and Eviction Moratorium Moratorium applies to Enterprise-backed mortgages FOR IMMEDIATE RELEASE 6/17/2020 ??????Washington, D.C. – Today, to help borrowers and renters who are at risk of losing their home due to the coronavirus national emergency, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Fr […]
- BUREAU OF CONSUMER FINANCIAL PROTECTION v. CERTIFIED FORENSIC LOAN AUDITORS, LLC, Dist. Court, CD California 2020 August 6, 2020Bureau of Consumer Financial Protection, Plaintiff, v. Certified Forensic Loan Auditors, LLC, (CA); Certified Forensic Loan Auditors, LLC (TX); Andrew P. Lehman; and Michael Carrigan, Defendants. Case No. CV 19-07722-ODW (JEMx).United States District Court, C.D. California. July 20, 2020. STIPULATED FINAL JUDGMENT AND ORDER AS TO CERTIFIED FORENSIC LOAN AUDI […]
- Consumer Financial Protection Bureau Files Suit against Certified Forensic Loan Auditors, Andrew Lehman, and Michael Carrigan, and Proposed Settlement with Carrigan August 6, 2020Consumer Financial Protection Bureau Files Suit against Certified Forensic Loan Auditors, Andrew Lehman, and Michael Carrigan, and Proposed Settlement with Carrigan SEP 06, 2019 Share & print Washington, D.C. — Today the Consumer Financial Protection Bureau (Bureau) filed a complaint in federal court in the Central District of California against Cert […]
- Consumer Financial Protection in the COVID-19 Crisis: An Emergency Agenda August 6, 2020Consumer Financial Protection in the COVID-19 Crisis: An Emergency Agenda University of Utah College of Law Research Paper No. 370 10 PagesPosted: 7 Apr 2020Last revised: 19 May 2020 Richard Cordray Independent Diane E. Thompson Consumer Rights Regulatory Engagement and Advocacy Project; National Consumer Law Center Christopher Lewis Peterson University of U […]
- Bankruptcy’s Role in the COVID-19 Crisis August 5, 2020Bankruptcy’s Role in the COVID-19 Crisis Columbia Law and Economics Working Paper No. 624 15 Pages Posted: 2 Apr 2020 Last revised: 26 Jun 2020 Edward R. Morrison Columbia Law School Andrea C Saavedra Columbia University – Law School Date Written: April 7, 2020 Abstract Policymakers have minimized the role of bankruptcy law in mitigating […]
- TSVETANA YVANOVA, Plaintiff and Appellant, v. NEW CENTURY MORTGAGE CORPORATION et al., Defendants and Respondents. August 5, 2020Yvanova v. New Century Mortgage Corp., 365 P. 3d 845 – Cal: Supreme Court 2016 62 Cal.4th 919 (2016) 199 Cal.Rptr.3d 66 365 P.3d 845 TSVETANA YVANOVA, Plaintiff and Appellant, v. NEW CENTURY MORTGAGE CORPORATION et al., Defendants and Respondents. No. S218973. Supreme Court of California. February 18, 2016. 922 *922 Appeal from the Superior […]
- COVID-19 Mortgage Forbearance: Implications on the Housing Market August 5, 2020COVID-19 Mortgage Forbearance: Implications on the Housing Market 8 Pages Posted: 4 Jun 2020 Last revised: 5 Jun 2020 Agostino Capponi Columbia University David Aaron Rios Columbia University Date Written: June 4, 2020 Abstract Congress introduced mortgage forbearance into the CARES act signed into law on March 27, 2020.The act offers American homeowners mor […]
- 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. […]
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Niel Garfield and the national story
- How to deal with ORPHAN LOANS Created by False Claims of Securitization of Debt August 14, 2020I know this is technical and even boring. But if you want to understand where tens of trillions of dollars went in 2008 and how it is about to happen again, you must read this. The bottom line is that homeowners, falsely believing that they are in default, are actually stepping away from compensation that […]Neil Garfield
- Tonight! How and Why Foreclosure Documents Are False and Fabricated. 3pm PDT 6PM EDT! August 13, 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 Bill Paatalo will post on his Blog today details on what he and host Charles Marshall will cover on the Neil Garfield Show today: First, a revisit to the LSF9 Master Participation Trust, […]Neil Garfield
- How to ask the right questions in discovery August 12, 2020Discovery is part law, part art, and part intuition. The lawyer must generate questions that can be used, by themselves, to bring certain issues in front of the judge either because the opponent answered the questions or because they didn’t answer. If your point is that your opponent doesn’t own the claim even though they […]Neil Garfield
- Recusal of Judge in Foreclosure Cases is Tricky August 11, 2020Any judge who has his/her investments or retirement funds tied up in bank shares or worse, certificates from securitizations chemes — directly or indirectly — should not hear such cases. Our analysis and experience in the US shows that when the cases are drilled down to their essential facts, the debt has been retired by the securitization process — a […] […]Neil Garfield
- How to Fight Those “Declarations” from False Claimants in Foreclosures August 7, 2020The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of […]Neil Garfield
- Tonight! Why There is No Valid Lien in Securitization Cases! PM EDT 3PM PDT August 6, 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 In a nutshell there is no valid lien. But in order to get to that conclusion you have to wade through the weeds and smoke screens that have been carefully constructed by the […]Neil Garfield
- How to Analyze A Purported Assignment of Mortgage or Promissory Note August 5, 2020The execution of any document does not by itself create a legal event. First, the document is only valid if it memorializes an actual event. Second, the document is only valid if it complies with the facial requirements set forth by applicable statutes. Third, the document is only legally valid if it complies with the […]Neil Garfield
- Gary Dubin, Esq. Scores Another Victory for Homeowners in Hawaii in Notorious LSF9 Case August 4, 2020More kudos to Gary Dubin who keeps producing favorable decisions for homeowners. This ruling is important for a variety of reasons. This time it is all about the rules of evidence and legals tanding to even bring the claim. see US Bank LSF9 v Verhagen 7-20-20 * The first reason is that it presents a […]Neil Garfield
- How to Use Experts in Foreclosure Trials August 3, 2020The first thing you need to know is that the banks will never bring their own expert to contradict your expert. The second thing you need to know is that the use of an expert is complicated if you really want to achieve victory. People often request now that I provide expert testimony. The main […]Neil Garfield
- ALERT! Migrating from fake notes to eNotes: If consumers don’t stop this they will be without any defense to any abusive practice and any fake account started in their name July 31, 2020The banks have been securitizing data not debt. Now they are trying to make data the substitute for the real thing. In other words, screw the investors, screw the consumers, screw the government and the banks take everything. It’s not securitization that is evil. It is a handful of bankers who are lying to us […]Neil Garfield
- Tonight! How Bill Paatalo’s Testimony Turned the Tide Against Wells Fargo and HSBC! 3PM PDT 6PM EDT July 30, 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 Bill Paatalo will discuss on the Show today how he was able to thoroughly expose the lack of authority by foreclosing parties, including Wells Fargo and HSBC, in 5 consolidated cases in Missouri. Missouri [… […]Neil Garfield
- How to Challenge “Sale” of the Homeowner Debt: Article 9-§203 UCC July 30, 2020Your objective is simple: to reveal that the party named as plaintiff or claimant is not the owner of the debt. Your secondary objective, not necessarily required, is to prove that the named claimant doesn’t have the authority to represent anyone who does own your debt. On your way to doing that you will probably undermine any […]Neil Garfield
- The missing second witness —Attacking the Business Records of A Servicer: Start with the fact that the company is self-proclaimed servicer with no proof of authority and then pivot to the absence of records establishing the debt as an asset. July 29, 2020Excellent article written by attorneys at Blank Rome on the issue of Business Record exceptions to the hearsay rule. The hearsay rule is simple. It excludes from evidence any statement that is uttered out of court — whether that statement is in writing or was made orally. see https://www.jdsupra.com/legalnews/florida-supreme-court-resolves-conflict-20649/ So […]Neil Garfield
- CFPB Misses the Mark — Overkill Against Someone Trying to Help and Underkill Against the Banks July 28, 2020I think that the CFPB, FTC and SEC continue to miss the point. The base of “deceptive and unsubstantiated representations” comes from the banks and their lawyers. CONSUMER FINANCIAL PROTECTION BUREAU ANNOUNCES SETTLEMENT WITH FORECLOSURE RELIEF SERVICES COMPANY AND ITS OWNER WASHINGTON, D.C. – On July 20, 2020, the United States District Court for the Centra […]Neil Garfield
- It’s Not a Default If You Stop Paying — Unless Someone owns Your Debt and Can Prove Financial Loss July 27, 2020NOTE: BE AWARE THAT WELLS FARGO AND OTHERS MAY HAVE PUT YOUR TRANSACTION IN A FORBEARANCE PROGRAM WITH UNKNOWN TERMS. ======== I think that the banks have unfairly benefited from assumptions regarding the connection between the cessation of payments by homeowners and the existence of a default. * I think that there are elements of a default that we […]Neil Garfield
- No Default Occurs When a Homeowner Ceases Making Payments — Unless the Payment is Missed by A Creditor Who Owns the Debt and Who Suffers a Financial Loss Because the Payment was Not Made July 24, 2020Practitioners should attack the default letter and stop pretending it doesn’t count or doesn’t exist. It is not the homeowner who misses a payment it is the creditor who misses receiving it. If there is no creditor, there can be no default. If there is no financial accounting report that establishes the debt has an […]Neil Garfield
- Tonight! The Coming Foreclosure Tsunami and what that Means for Borrowers 3pm PDT 6PM EDT July 23, 2020Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Attorney Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays On the Neil Garfield Show today host Charles Marshall, Esq. will break down the latest trends and developments in the Covid-19 landscape, addressing the following legal areas in order to apprise borrowers what they […]Neil Garfield
- Investment Banks Attempting to Force OCC Rule Change That Defines “True Lender” as Anyone They Say July 23, 2020The proposed rule change would basically change the effect of all statutory and common law. It defines a “true lender” as EITHER someone who funds the transaction OR anyone who is called a lender in the closing documents for the homeowner transaction. If this rule goes into effect it would conflict with state law in […]Neil Garfield
- Opposing counsel is concealing from the court that no such party exists and is attempting to work around this fatal deficiency by “designating” a fake creditor rather than representing a real one. July 22, 2020The inability of the Defendant to name a viable creditor should not translate as a burden of proof shifting to the defendant. Nor should it translate as the basis for any assumption or presumption that the plaintiff must be the creditor because the homeowner can’t name an alternative. in the successful effort to keep everyone […]Neil Garfield
- Just like I said: Megabanks are doing just fine despite economic downturn — at the expense of investors, taxpayers and homeowners. July 21, 2020Major banks, including Citigroup, JPMorgan and Morgan Stanley used massive trading revenues to beat profit expectations despite the continued struggles of the United States economy during the coronavirus pandemic. Those trading units tend to perform best when markets are volatile, helping to guard the major banks against economic struggles. see https://www.c […]Neil Garfield
How do you use this tactic when the lender quickly sells the property to an unknown third party. I responded to the UD and filed a civil suit in conjunction with this. When a Motion to Consolidate the cases was filed, it was denied by the Judge who was pissed off about it. How do I go about getting the motion to consolidate heard AND a TRO to stay in the property until the Motion is approved?
Tim
Lots to share. The state is cracking down on counsel win loss record and borrowers are shifting more and more into surrender to the inevitable.
Want to share some of our strongest findings getting lenders to shift us over to lead counsel every time. Its serious and I spoke with the FDIC and MI Insurers on the matter and they are confused, worried and nervous.
Let me know
M. Soliman
310-765-7388
WHAT ABOUT MY LOAN? DERRICK;……!
619 772 5530
msoliman – what does your post mean? The State of California? What win loss record? Who in the state?
What does lenders shifting to lead counsel? Why is FDIC worried?
Define winning…… if delaying the sale is winning my percentage is 100%……….. if its getting the house free and clear 0%
Tim,
I just lost my UD yesterday (10/19) and have a lockout date for 11/2. The commissioner told me to file a quiet title in civil court. I have not filed my complaint yet in civil court. What are my next steps? Is there a way I can prevent the lockout.
You are so appreciated for sharing this information and your knowledge.
DiOndra
310.221.2478
Thank you for this wonderful wealth of information. I just had a notice of trustee sale taped to my front door. The title of my home is in my name and has been for 3 years. My estranged soon to be ex-husband took out one of the MERS Countrywide loans in 2005 and did not tell me he was in default on his loan. The servicer never notified me of the NOD nor did they notify my divorce attorney who has a lien against my property!
My divorce attorney will not assist me in this matter as he has done all the work pro bono thus far.
I am going to file a TRO to buy me enough time to file a quiet title suit as the sale date for my home is 04/27/10. I do not know if this will be effective for me pro se, but at least it gives me something substantial to stand up to these jerks who are clearly in violation of the law attempting a non-judicial foreclosure without notifying the owner of the property.
You are my angel tonight
Isn’t there any big guns in Wis? The Judge gave me a little reasonable accomodastion, since I care for my 91 year old mother, who is blind and deaf. I a disabled vet just got diagnosed with cancer . The Mills lawyer is a VP and Officer of MERS Ha ha . Let us make some money
Stan
Wis.
262 880 3879
You’re the man, Tim. Thanks
Timothy,
I live in Michigan, and Bank of America has forclosed on my home 6/2/2010. After hiring a company to save my home and they have sent letters, and called and even more letters, BAC has not responded in true faith. Now, having just heard about TRO, I have NOT found a Michigan copy to start the process. Would you be able to locate for me? Or know where I could find.
Thanks and blessings,
Christina
Before writing this message want to be sure that am not wasting my time and it won’t for some reason be posted. Quick update: Here in California from Idaho helping my Sis save our old family home of over 100 years. Foreclosure sale 3/26/10. UD served 10/8/10. Filed Demur, it was overruled. Filed Answer. It was heard and 1/24/11 and Deutche Bank won. Now expect the sheriff to serve writ of possession within next couple of days, will have 5 days to get out.
Case full of robosigners, wrong loan number on Deed of Trust, and all the rest of the stuff with MERS signing over the deed of trust prior to the foreclosure sale etc. Just a big can of corruption but what can we do now?
There should be a civil suit filed against the lender as they violated the Truth and Lending, plus had the modification stall that we see most of the banks affiliated with INdyMac and Deutsche bank doing. Modification was denied just before the sale. (as seems usual in these cases)
Want to file something so that Deutsche can’t just sell the property to someone else while this mess is sorted out. What should I file next? We are in California, small county. Judge has no idea of what is going on with the foreclosuregates across the nation. Judge said in court that my sister only wanted to get her property free and clear and should have never taken a loan out that she couldn’t afford…THAT IS NOT THE CASE. She has offered to buy the property back even though they escalated the value of the property. It is not about the money it is about the fact that this has been our family’s home now for over 100 years and is not something we want to just turn over to someone else.
We are trying something different, trying to earn money to buy the house back through the sale of a book (not related to foreclosures.) Maybe others around the country could try similar tactics, neighbors helping neighbors.
Go to http://www.LookForMeBook.com Douglas Kirk and see our 30 Day Mission. Please help us by clicking LIKE and also send this information to all your contacts. We are not out of the woods, but, the response is growing. We are bound to make a difference and demonstrate that there are plenty of good Americans willing to help when the lenders and the government screws people out of their homes. Doug
We are trying something different, trying to earn money to buy the house back through the sale of a book (not related to foreclosures.) Maybe others around the country could try similar tactics, neighbors helping neighbors.
Go to http://www.LookForMeBook.com Douglas Kirk and see our 30 Day Mission. Please help us by clicking LIKE and also send this information to all your contacts. We are not out of the woods, but, the response is growing. We are bound to make a difference and demonstrate that there are plenty of good Americans willing to help when the lenders and the government screws people out of their homes. Doug