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
- Law Firm Admits Absence of Creditor August 16, 2019Hat Tip Bill Paatalo You are right, Bill. You can’t make this stuff up. But somehow judges still don’t want to believe it. How can you be attorney in fact for a nonexistent entity? https://bpinvestigativeagency.com/law-firm-finally-admits-the-absence-of-any-mortgagee/ This is an attempt to avoid both criminal prosecution and bar discipline for misusing the l […]Neil Garfield
- How to Distinguish Between Ownership of the Debt, Ownership of the Note and Ownership of the Mortgage (or Deed of Trust) August 16, 2019Amongst the lay people who are researching issues regarding who actually can enforce a mortgage, there is confusion arising from specific terms of art used by lawyers in distinguishing between a debt, a note and a mortgage. This article is intended to clarify the subject for lawyers and pro litigants. The devil is in the […]Neil Garfield
- Tonight! The Chase-WAMU Scheme —Laundering Money and Mortgages For Untaxed Profit 6pm EDT With NEW EVIDENCE August 15, 2019FORENSIC AUDITORS TAKE NOTE Thursdays LIVE! The Neil Garfield Show or prior episodes Or call in at (347) 850-1260, 6pm Eastern Thursdays ******************************* See https://livinglies.me/2019/08/15/chase-laundered-wamu-loans-through-offshore-accounts-with-fictitious-names/ Bill Paatalo joins me on tonight’s edition of the Neil Garfield Show. That’s b […]Neil Garfield
- Chase Laundered WAMU Loans Through Offshore Accounts with Fictitious Names August 15, 2019Bill Paatalo has once again made a breakthrough in analyzing and investigating the Chase-WAMU connection. see https://bpinvestigativeagency.com/did-chase-park-the-wamu-loans-in-off-shore-tax-haven-subsidiaries-evidence-says-yes/ Here is what we know: Washington Mutual (WAMU) was in the business of originating loans not lending money. WAMU sold every origina […]Neil Garfield
- How One Woman Beat the Banks by David Dayen August 14, 2019I’m not sure if I ever knew about this article but it seems accurate. https://www.salon.com/2016/05/22/how_one_woman_beat_the_big_banks_the_amazing_true_story_about_how_wall_streets_mortgage_fraud_unraveled/Neil Garfield
- Keep the Envelopes! Attention Forensic Auditors! How to Show They Are Lying About Everything August 14, 2019The devil is in the details and it is in the details that actions don’t add up if one party is faking their status. ======================================= GET FREE HELP: Just click here and submit the confidential, free, no obligation, private REGISTRATION FORM. The key to victory lies in understanding your own case. Let us help you plan […]Neil Garfield
- How to Use Forensic Auditors During Discovery August 14, 2019Discovery is a process that can be used in litigation. That means you have to be in court. Discovery is the process of asking for information that don’t already have or information that will corroborate information that you do already have. Almost by definition it is a fishing expedition. But the days in which you […]Neil Garfield
- How to track that PO Box When You Receive Notices or Statements August 13, 2019Courtesy of Summer Chic Click Here to Look Up P.O. Box InformationNeil Garfield
- 2018 DOJ Lawsuit Reveals Securitization Equivalent to “Leprosy” According to Wall Street Insiders August 13, 2019see US v UBS Re: Countrywide, WAMU, Fremont, Am Home Mtge, And IndyMac (OneWest) Although the US Department of Justice has never filed criminal charges against anyone, they clearly wanted to do so. Having been limited by some sort of executive direction, they have been filing civil complaints. Such cases often bear the name of an […]Neil Garfield
- Minus 0.5% Interest: Bank in Denmark will effectively pay qualified home buyers who take out a 10-year fixed rate mortgage August 12, 2019see Denmark Bank offers negative interest rate — how are they making money? The answer is simple — the bank is not making money on the loan. It is making money by originating the loan. It is not making money by collecting interest, it is paying interest in exchange for the borrower’s signature. The bank is […]Neil Garfield
- Attention Accountants: Follow Up to Forensic Loan Seminar August 12, 2019see NON GAAP REsults Being reported by Entities Trading in new and old Derivatives Recent reporting by companies involved in the creation and trading of various instruments that are designated to be “derivatives” or contracts on derivatives clearly shows a disclosure that they are not reporting results in accordance with GAAP. I don’t know how […]Neil Garfield
- Chase-WAMU: Is it time to Declare Non Judicial Foreclosure Unconstitutional As Applied? August 9, 2019Faced with a notice of foreclosure sale from a company claiming to be the trustee on a deed of trust, homeowners in judicial states are forced to defend using well known facts in the public domain that are not evidence in a court of law. This is particularly evident in scenarios like the Chase WAMU […]Neil Garfield
- Tonight! How to Use Bankruptcy Cases of Originators and Fronts for Investment Banks 6PM EDT Neil Garfield Show August 8, 2019Thursdays LIVE! The Neil Garfield Show — WEST COAST with CHARLES MARSHALL AND BILL PAATALO or prior episodes Or call in at (347) 850-1260, 6pm Eastern Thursdays ******************************* see How to Use Bankruptcy Cases of Loan Originators Following up on the show two weeks ago, Charles and Bill delve deeper into the issue of how investment banks are [… […]Neil Garfield
- 2008 Schack Decision Reminds Us How Something “Nefarious” Is Happening August 7, 2019Without a party actually getting hurt by nonpayment, why should anyone pay their mortgage? ======================================= GET FREE HELP: Just click here and submit the confidential, free, no obligation, private REGISTRATION FORM. The key to victory lies in understanding your own case. Let us help you plan for trial and draft your foreclosure defens […]Neil Garfield
- How to Access Visual and Audio Materials from Free Forensic Audit Seminar on August 2, 2019 August 6, 2019So I think I have done this right. My apologies for people who did not see the visual presentation of the PowerPoint presentation. I am still trying to figure out what went wrong. In the meantime you can download the PPT or PDF Visual PResentation and download the audio file from the presentation and, as […]Neil Garfield
- Get out your pen! Write comments to CFPB! August 6, 2019The Consumer Financial Protection Board (CFPB) is considering rule changes that might negatively impact consumers. Unless a substantial number of consumers write in with specific comments, there will be further dilution of both the authority of the CFPB and its enforcement of even the most basic aspects of consumer protection. To register your comment go […] […]Neil Garfield
- Mr Cooper: Now You See It Now You Don’t — Maybe They Own Debt and then Again Maybe Not: 10Q report to SEC August 5, 2019READ SLOWLY, Breathe, repeat Mr Cooper 10QNeil Garfield
- Finally a Judge Asks the right Questions about TILA Rescission and Invites Briefs August 5, 2019The time may now be coming where the court systems and Federal and State legislatures must come to terms with two inescapable legal facts: (1) That borrowers who sent TILA rescission notices — and particularly those who sent them within 3 years of consummation of the mortgage — still own the land that was deemed “lost” in foreclosure. (2) That such borrowers […]Neil Garfield
- US Bank and Deutsch Agree That They Should NOT be named as Plaintiffs in Foreclosures August 2, 2019see US bank Brochure People forget that Deutsch issued a directive to all servicers to cease using its name when initiating foreclosures. The investment banks fought back and apparently paid Deutsch more money in fees for the use of its name. That was around 2011. You might find the article on this blog about it. […]Neil Garfield
- 7 spots now open for Forensic Auditor Seminar Tomorrow August 1, 2019I had saved a few spots and now there are a handful people who have not responded to the invitation. If you want to participate in the seminar write to neilfgarfield@hotmail.com. I will look for those emails once around 9am EDT tomorrow morning, whoever responds will be admitted in order of the emails received until […]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