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 | 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
- Cancellation, Expungement, Reformation and Quiet Title January 20, 2020It’s appealing in theory but not very productive. Once upon a time cancellation or reformation of an instrument was at least somewhat possible. today the courts are not open to that approach. But that might be because it has not been presented properly. If you do get an order cancelling an instrument and it is recorded […]Neil Garfield
- $Billions$ in Welfare Go to Mega Banks Who Caused Financial Crisis January 19, 2020JPMorgan Chase, the largest bank in the world, made $36.4 billion in 2019. That was the highest profit of any bank in world history. The news, reported Tuesday, sent the company’s stock up by 2 percent. In the fourth quarter of 2019, the company took in $8.5 billion, also a record, making it the tenth […]Neil Garfield
- Interesting NY Ruling Creates Some Unusual Questions About Bank of America and Countrywide. January 18, 2020As I have previously stated the alleged merger of Bank of America with Countrywide is by no means a foregone conclusion, although lawyers invoke the merger as the basis for ownership and authority over loans. As between insurance companies and Bank of America the merger is referred to as de facto, which means that for […]Neil Garfield
- Tonight!2020 Overview and Roundup 6pm EST 3PM PST January 16, 2020Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall, Esq. Or call in at (347) 850-1260, 6pm Eastern Thursdays Foreclosure defense is getting more refined as an increasing number of lawyers and litigants are piecing together the true nature and deficiencies of securitization under current well-settled law. Two facts remain in […]Neil Garfield
- FDCPA Claims Might Not Be Barred By Statute of Limitations January 15, 2020Here is a powerful argument that SCOTUS acknowledged: nobody should benefit from their own fraudulent conduct. The FDCPA has a one year statute of limitations. And people have tried to litigate on the premise that the one year should run from the date of discovery not when the violation occurred. The courts have disagreed saying […]Neil Garfield
- Repo Securities: Where is the value paid for the debt? January 14, 2020Hidden far away from public view and mainstream media is an enormous fight over who should suffer what loss over the labyrinth of defaults in the “mortgage bonds” also known as “mortgage backed certificates.” Within this fight it is clear that current law is simply nonexistent and ineffectual in achieving a legal or just result. […]Neil Garfield
- 2020 ROUNDUP: HOW TO WIN AND HOW TO LOSE FORECLOSURES January 14, 2020This is where you start, subject to opinion of licensed local counsel. * Let me first stop you from referring to your nonpayment as a default. It is not a default if you stopped making payments to someone who lacked any authority to collect them. By saying you “defaulted” you are inadvertently admitting that it […]Neil Garfield
- Giullermo give your correct email address January 13, 2020 Neil Garfield
- Loans Claimed to be Owned by Fannie Mae Have Probably Been Sold to Private Investors January 10, 2020There is a shroud of mystery around the entire role of the FHA. Its purpose is to guarantee loans, which was expanded to buy loans. It was never a lender. But the process of buying loans was just as complicated as everything else where securitization of debt is claimed. In most cases it “bought” loans […]Neil Garfield
- Tonight! What’s in a label? Everything! January 9, 2020Picking the labels apart PLAINTIFF THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 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 How do you lose a […]Neil Garfield
- “Corridor Agreement” Opens More Questions on Role of BONY Mellon January 8, 2020SO BONY mellon is known to be named as “trustee” over what is probably a nonexistent trust with nonexistent beneficiaries since investors do not qualify as beneficiaries of any trust. The authority of BONY Mellon to represent “certificate holders” is never described in any allegations or exhibits. It is only a label. Dig deeper and […]Neil Garfield
- Labels Lie: Everything They Say is a Lie January 7, 2020The moral of the story is don’t admit anything, not even the default. There is no default if the party demanding payment has no right to do so. Everything they are saying is a lie. Just because they use a label doesn’t mean it is accurate. ==================================== GET FREE HELP: Just click here and submit the […]Neil Garfield
- Are You a Lawyer Looking to Make Money? I can refer clients to you. No cost. January 3, 2020There are hundreds of thousands of prospective good paying clients with a high likelihood of success that lawyers are ignoring. This herd mentality is shifting lawyers away from their primary function: representation of people whose rights are being violated on a systematic basis.Neil Garfield
- Collection Letters Can Renew Statute of Limitations January 2, 2020The courts had previously protected borrowers as much as possible. Now there is a distinct trend in which even claims barred by SOL can be renewed and energized. For homeowners facing foreclosure they may be waiving a very powerful defense: statute of limitations. They are being lured into waiving such defense by solicitations to engage […]Neil Garfield
- OFAMA: Acronym for 2020 December 31, 2019As you are no doubt aware on a daily basis I seek more information, research, and analysis about the residential loan market. In addition I spend a lot of my time trying to simplify the task of presentation in court in a competent, credible and convincing manner. Don’t think you are a lawyer because you […]Neil Garfield
- PennyMac Laundromat: Is anything real there? December 27, 2019PennyMac appears to be a vehicle of “cleaning” fatal title deficiencies to the debt, note and/or mortgage on loans. It operates on behalf of CitiMortgage and multiple other entities on loans where the selection of a claimant is essentially random. The basic playbook of the banks is to insert a real business entity with no […]Neil Garfield
- What We Do At GTC Honors, Inc. d/b/a Livinglies.me December 26, 2019I want to be clear about my involvement. First of all I serve as consultant, not attorney of record in any new matter. I do not actually file with any court nor appear in court as advocate anymore. I am licensed to do so but I don’t. And I am only licensed to do so […]Neil Garfield
- Navigating LOST COMMUNICATION With “Servicers” Who Are in Reality Merely Steering You Into Foreclosure December 26, 2019The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort […]Neil Garfield
- HAPPY HOLIDAYS!!! Now It’s Our Turn. December 24, 2019I would like you to think about the coming year as an opportunity to show your true powers. Everyone has them. If you have an opinion about the state of our government and politics, then vote. If you don’t know the issues or candidates, then learn. If you don’t like your job, then get the […]Neil Garfield
- TILA Claims Can be Raised in Recoupment – Defensively December 23, 2019As Russ Baldwin and other lawyers have pointed out, borrowers can raise and use TILA violations and maybe FDCPA violations defensively even if they are otherwise barred as affirmative claims. The way it works is simple — the affirmative defense of recoupment for violations of statute, if proven, result in an offset to the amount […]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