IndyMac / OneWest, time to halt foreclosures?

At IndyMac / OneWest it is very simple,  30 second per documents instead of 3 seconds.  This allows plenty of time to review if documents are legitimate.  WRONG!!! Take a few moments to speak with Dan Welch in our office.   Maybe IndyMac should deposition him like other folks have depo’d IndyMac / OneWest employees.  Never [...]

GMAC’s fraud has caused a halt to foreclosures

A reader and rabid investigator sent this piece to me just moments ago. Tom Cox an attorney in Portland Maine has succeeded in getting Jeffrey Stephan’s Summary Judgment overturned and substitute trustee affidavits withdrawn. This is a result of several depositions taken with Jeffrey Stephan at GMAC.  Stephan admitted to signing up to 10,000 of [...]

When the Promissory Note shows up!

Show Me The Note!  Produce the Note!  This strategy has been circulating for a few years now and in many cases can give real pause to the mortgage servicer AND in some cases slow down the foreclosure process.  But this is not always a silver bullet. Why?  Quite simply they may be able to either: [...]

MERS and Deutsche get butt kicked by NY Supreme Court

If you’re mortgage company claims that Deutsche has your loan courtesy of a MERS assignment saddle-up! MERS is again denied the ability to magically assign the deed of trust and/or note.  This time it involves Deutsche Bank.    Below is the info that was released today by Neil Garfield. Affidavits out of nowhere, personal knowledge by [...]

Million Dollar Judgment Issued Against Mortgage Brokerage

Every mortgage brokers has a simple choice:  Falsify the borrowers records or not? Whether or not the borrower chooses to lie about their own income and/or buy more house then they can afford is a separate discussion.  Sure, borrowers want to have as much house as possible and yes, many borrowers focused only on monthly [...]

FDIC’s Sheila Blair sues IndyMac

It’s about time that the government wakes up to the schemes some of these banks are pulling on borrowers and taxpayers.   Neil Garfield put it best…”Well you have to give credit to Sheila Baer.  She gets it. Here she is going after the IndyMac executives for making loans to developers that they knew would not [...]

Forensic Mortgage Loan Audit Scams: A New Twist on Foreclosure Rescue Fraud says FTC

The latest foreclosure rescue scam to exploit homeowners is a forensic mortgage loan audit says the FTC.  They should have said MAY BE a scam.  What the FTC doesn’t tell you is that it is only a scam if there is no value to the audit.   A good audit will analyze your loan not just [...]

Neil Garfield’s Motion Practice & Discovery Workshop

Join Neil Garfield this weekend.  14 CLE Credits + 1.5 hr MAY 23-24 9:00AM-5:00PM. CHANDLER, AZ. LUNCH INCLUDED. A Garfield Continuum Course. Foreclosure Defense and Offense.   CLICK HERE TO SIGN UP INCLUDES EXTENSIVE MANUAL INCLUDING FORMS, NARRATIVES AND CASES. INCLUDES FOLLOW-UP SUPPORT AND MONTHLY TELECONFERENCES NEIL GARFIELD PERSONALLY MODERATES A WORKSHOP FOR LAWYERS AND LITIGATION CONSULTANTS DRILLING [...]

MERS must be stopped. Next up Oregon

MERS is scum.  It is used to conceal from you the homeowner the real man behind the curtain (the party who is holding your mortgage). QUESTION:  So what is to be done with this evil smoke screen called MERS? ANSWER: A good ‘ol Texas butt kicking. What needs to happen in Oregon is the same [...]

U.S. Bank versus Homeowner…Homeowner wins.

Smackdown… Houston area homeowner scores win versus U.S. Bank.   Read it here…Final Judgment – US Bank Johnson. While a Default Judgment is unlikely to last forever, U.S. Bank never bothered to answer the lawsuit in the first place. This isn’t the first time a large bank has been forced to negotiate themselves out of [...]