The upcoming election will be important for us all, but for those of us in the foreclosure fight, the most important race to watch will be for Florida’s Attorney General. The Attorney General of Florida is this state’s top law enforcement officer. The office is currently investigating a whole range of improper and probably illegal [...]
EDITOR’S NOTE: Today’s editorial in the New York Times mirrors the outlook of most Americans. It’s time to pass some new rules. I agree but I think that puts the emphasis on the wrong place. Most of these “new rules” were already in the old rules. They were not enforced. So the first new rule [...]
I’m not sure I deserve credit for this entry from Richard Widmark, but it has a great deal of merit. It should be expanded and I’ll publish it. His is a bare outline with not much to show the reasoning behind it. Yet I see glimmers of a solution if anyone would listen. The presenting [...]
Great job! Thank you so much for this commentary. It will be an excellent tool for us at the preliminary hearing on August 27, 2010. An evidentiary hearing may be coming in the immediate future. Deutsche Bank introduced a fake “original note” during an eleventh hour deposition of one Cynthia Stevens. She had verified all [...]
press_details.aspx?id=240 Despite hundreds of decisions over the last three years stating in no uncertain terms that MERS can’t assign anything because it doesn’t have anything to assign, they found this one case to crow about. It all boils down to the fact that since their name is in the title record, they are entitled to [...]
I just finished a seminar given by NBI which was basically in lay terms “How to Repair the Chain of Title.” We covered everything about assignments, breaks in the chain etc. The opportunity arose for questions. I was the first to ask a question, in which I posed a hypothetical that is an accurate reflection [...]
This week we are examining the consequences of the proposition that the entire securitization chain is in fact a fabrication. I have likened the situation to a trust, interestingly enough, that has never been funded. The intent to fund the trust does not justify treating the asset as owned by the trust. The intent to [...]
The bill is important at a time like this, because it would clearly encourage more lawyers to represent homeowners in foreclosure actions “because attorneys can be confident, if successful, that they will be paid for their work.” And, as more than one person has pointed out, with foreclosures going nowhere but up, attorneys specializing in foreclosure work are needed more than ever before. A whole lot more, actually.
A reader asked about a post I had written a long time ago about property insurance. Her question relates to the realities of today’s marketplace. First, she wants to get her premium down because the home is not worth the amount of the policy limits. So she wants to go to her insurance agent and [...]
Please send pleadings motions and order to ngarfield@msn.com NEVADA case law. Joseph Brown, Plaintiff vs. Wells Fargo Bank. Plaintiff Brown wins a temporary injunction against mortgage giant Wells Fargo. Also, defendants Motion to Dismiss was denied. The case is bound over for trial. Filed under: foreclosure
From Mandelman Matters Blog: Mandelman Blog A few weeks ago, Fannie Mae issued an outright threat to homeowners in this country, creating a new rule that would punish anyone who stops paying their mortgage and walks away from their home, referred to as a “strategic default,” by not allowing those who choose that path to [...]
Then you say it’s bad for communities, Terrence, why do you think that’s the case? I mean… bad is a relative term, wouldn’t you agree. And, in terms of doing bad things to communities, aren’t you guys at Fannie Mae pretty much the poster children? Like if the Olympic Games had a “Damaging Communities” event, wouldn’t you guys at Fannie be like the Michael Phelps of gold medalists, at the very least?
This is what scares the hell out of the pretender lenders. The reason? Because it transfers POWER from them to the borrower. They have embarked on numerous “ventures” in PR, rumors and even attempts at criminal investigations to scare off people from dumping their sour investments. The people who have shared their stories with me [...]
JUDGE DISMISSES FORECLOSURE FILED BY AURORA IN FIVE PAGE WRITTEN OPINION CITING ANTI-MERS CASES FROM ACROSS UNITED STATES June 15, 2010 Editor’s Note….This decision is directly on point and this strategy has the potential to sway the entire foreclosure pendulum in favor of the homeowner, in order to obtain the leverage needed to force a [...]
JUDGE DISMISSES FORECLOSURE FILED BY AURORA IN FIVE PAGE WRITTEN OPINION CITING ANTI-MERS CASES FROM ACROSS UNITED STATES June 15, 2010 Editor’s Note….This decision is directly on point and this strategy has the potential to sway the entire foreclosure pendulum in favor of the homeowner, in order to obtain the leverage needed to force a [...]
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