How Much time do I have
Event Name Start Date End Date Category Notes Source
First payment default Feb 01 2009 May 01 2009 Free time Lender will let you go this far
Send RESPA accounting letter Apr 03 2009 Jun 03 2009 Negotiation period
Send Hardship ask for modification Jun 05 2009 Jun 10 2009 Negotiation period Lender Makes offer if reasonable accept if not Rescind loan
Send Recision letter Jun 12 2009 Jun 30 2009 Negotiation period They have by law 20 days to rescind
File Chapter 13 Jul 03 2009 Sep 04 2009 Stay Period Initial Filing 30 days then fail to make payments Case gets dismissed about 90 days
File Lawsuit and lis Pend against Lender Oct 12 2009 Jul 01 2010 Trial Period Discovery demur settlement Dismissal Removal to Federal court
Notice of default Jul 09 2010 Nov 09 2010 Default Period
File Chapter 13 Nov 04 2010 Feb 04 2011 Stay Period
Trustee Sale period Feb 28 2011 Mar 24 2011 Default Period
3/60 Day Notice to Vacate Apr 03 2011 Jun 04 2011 Default Period
Fight Eviction 90 days Jun 10 2011 Sep 10 2011 Default Period
How much Time do I have from Feb, 2009 till Sept 10, 2011 and allthis time you could modify
How Much time do I have
- 90% Foreclosures Wrongful
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- Double dipping They foreclose, Get Insurance, Get Tarp, Get yeild prem, Bailout our tax money then they evict…
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- Its complicated but read Niel Garfield's declaration and see why and what the problem truly is
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- The lawyer is not competend to testify
- Foster v. Deutsche Bank National Trust Co. | 5th Cir. Holds No Wrongful Foreclosure Without Completed Foreclosure Sale, Substitute Trustee Fraudulently Joined March 29, 2017Lexology- The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of a mortgagor’s motion for remand because the non-diverse substitute foreclosure trustee was improperly joined in order to defeat diversity jurisdiction. The Fifth Circuit also affirmed the trial court’s summary judgment ruling in favor of the trustee and loan […]
- Wells Fargo reaches $110 million class action settlement over fake accounts March 29, 2017HW- Earlier Tuesday, Wells Fargo announced that its Community Reinvestment Act rating is being downgraded by the Office of the Comptroller of the Currency, due in part to the bank’s fake account scandal that led to a $185 million fine from the Consumer Financial Protection Bureau, the OCC, and the city and county of Los Angeles. […]
- Gretchen Morgenson: A Revolving Door Helps Big Banks’ Quiet Campaign to Muscle Out Fannie and Freddie March 28, 2017A behind-the-scenes effort of Wall Street banks to take over the mortgage market is driven by advocates who switch between roles in Washington and the private sector. NYT- Seven years after their dubious lending practices helped push the United States economy to the brink of disaster, the nation’s largest banks are closing in on a […]
- Florida Supreme Court May Give Clarity on Municipal Liens After Foreclosure March 28, 2017DBR- Investors could get clarification on liens imposed after final judgment if the Florida Supreme Court accepts jurisdiction over a closely watched municipal foreclosure. The question to the high court, certified by a divided appellate panel, is whether a bank’s formal public notice, or lis pendens, at the start of foreclosure proceedings bars a local […] […]
- Foreclosure Workshop #29: The Rule Ritual, Neil Gorsuch, and the Case of the Frozen Truck Driver — Its Significance for the Future of Foreclosure Defense March 27, 2017COMING 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 – March 26 Foreclosure Workshop #29: The Rule Ritual, Neil Gorsuch, and the Case of the […]
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- THE ROBINSON CASE HAS BEEN DOCKETED IN THE U. S. SUPREME COURT! March 22, 2017H/T Clouded Titles- BREAKING NEWS — The case of Daniel and Darla Robinson has now been docketed with the United States Supreme Court, Docket #16-1127. The 66-page Writ of Certiorari can be viewed here: 1. Petition for Writ (re USCA9 Case No. 15-55347) The key question presented here is: Whether Respondent, Mortgage Electronic Registration Systems, Inc., […] […]
- DEATH Default Mortgage…. You die and your estate can KISS the house GOODBYE March 22, 2017h/t The Home Equity Theft Reporter WTVR- A family home was sold to the highest bidder Friday; it was an auction overshadowed by tears. Peggy Stroud wept as a bidder bought the home she grew up in on Urbine Road. Stroud said the home is the place where her mother took her last breath, and […]
- NY Fed president compares Wells Fargo fake account scandal to subprime mortgage crisis March 22, 2017Housing Hire- The president of the Federal Reserve Bank of New York told the Banking Standards Board in London on Tuesday that he sees quite a few similarities between the Wells Fargo fake account scandal and the subprime mortgage crisis of the late 2000’s. New York Fed President William Dudley, in a speech entitled “Reforming Culture for […] […]
- Citibank, N.A. v Bravo | NYSC – the complaint is dismissed, with prejudice; the mortgage which plaintiff seeks to foreclose in this action is discharged and cancelled, the notice of pendency filed in this action is cancelled, and the Tompkins County Clerk is ordered to mark her records accordingly. March 21, 2017Decided on March 7, 2017 Supreme Court, Tompkins County Citibank, N.A., as Trustee for the registered holders of Bear Stearns Asset Backed Securities I Trust 2005-CL1, Asset-Backed Certificates, Series 2005-CL1, Plaintiff, against David Cullen Bravo a/k/a David S. Bravo Cullen; Christine Bravo Cullen a/k/a Christine A. Bravo Cullen, New York State Board of […]
- Wells Fargo books plush resort for company meeting – and some shareholders aren’t happy March 20, 2017The Charlotte Observer- Florida’s Sawgrass Marriott Golf Resort & Spa offers the kinds of amenities you’d expect from a swanky venue overlooking the Atlantic coast: two championship golf courses, villas with private balconies, therapy baths and massage lessons. It’s also where Wells Fargo will hold its annual meeting for shareholders next month, the San […]
- TFH 3/19 | The Rule Ritual: Revealing for the First Time the Centuries Long Hidden Linguistic Origin of Rule Enterprise Reasoning Misleading Today’s Foreclosure Courts March 18, 2017COMING 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 – March 19 The Rule Ritual: Revealing for the First Time the Centuries Long Hidden Linguistic […]
- Mahin Oskoui v. J.P. Morgan Chase Bank | 9th Circuit Finds Chase Falsely Promised Loan Modification To Borrower March 17, 2017FOR PUBLICATION MAHIN OSKOUI, an individual, Plaintiff-Appellant, v. J.P. MORGAN CHASE BANK, N.A.; U.S. BANK, N.A., as Trustee, Successor in Interest to Bank of America, National Association as successor by merger to LaSalle Bank NA as Trustee for WAMU Pass-Through Certificates Series 2007-HY06 Trust Erroneously Sued As U.S. Bank, N.A., Defendants-Appellees. […]
- Wells Fargo CEO receives pay bump despite sales scandal March 16, 2017Reuters- Wells Fargo & Co’s board of directors awarded Chief Executive Timothy Sloan $12.8 million for his work last year, a 17 percent increase, despite scrapping executive bonuses in light of an accounts scandal that rocked the bank last year, according to a proxy filing on Wednesday. Sloan was CEO for only a few months […]
- Lobbying group says it will train bankers to become politicians March 15, 2017NY POST- Let’s get rid of the lawyers in Washington — and bring in the bankers. That’s the pitch from a Wall Street lobbying group that represents the $17 trillion banking industry, which said Tuesday it’s launching a program to “help bankers run for office.” The program — which will teach bankers everything from raising […]
- New Jersey Carpenters Health Fund vs Royal Bank of Scotland Group Plc et al | Another mortgage-crisis suit settles for pennies on the dollar – Wells Fargo, Royal Bank of Scotland and Deutsche Bank have reached a $165 million class-action settlement March 15, 2017NY POST- Big banks have cut yet another settlement from the mortgage crisis at pennies on the dollar. Wells Fargo, Royal Bank of Scotland and Deutsche Bank have reached a $165 million class-action settlement of investor claims over their underwriting for the now-bankrupt subprime lender NovaStar Mortgage. The truce resolves claims that offering materials pre […]
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- Now we care about how Steve Mnuchin at OneWest Bank handled foreclosures? January 20, 2017Trump's pick for Treasury Secretary is a good one. Yes, OneWest foreclosed more than it should have, but it also got better, becoming one of better servicers when modifying loans.
- So, this is what actually happened on Monday in Washington. January 5, 2017The New York Times broke the story, hundreds followed and soon there were so many angry calls from constituents to their congressional representatives that House Republicans were forced to back down on an amendment they'd passed in a closed door meeting the night before that would have ended the independence of the Office of Congressional Ethics.
- It’s the END OF HAMP… And the Beginning of a New Era in Loan Modifications December 22, 2016HAMP has to be one of the least popular government programs ever. The irony is that it also became the best answer for modifying loans to prevent foreclosures.
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- Sundquist v. Bank of America: $45 Million for violations of Automatic Stay March 29, 2017by the LendingLies Team In most cases, the damages awarded to homeowners are so paltry that they do little to punish unlawful conduct or to deter future behavior by servicers. The banks continue their crime spree unabated. Those days may be over. A bankruptcy court in Sacramento, California recently issued a $45 million dollar punishment […]Neil Garfield
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- The Consumerist: Complaints About Student Loan Servicing Increased 429% In Past Year March 28, 2017Complaints About Student Loan Servicing Increased 429% In Past Year In the past year, federal regulators and consumer advocates have highlighted issues with student loans and the servicing of these often crippling debts: from finding that educational loans continue to haunt older borrowers, to suing Navient, the largest student loan servicing company. Becaus […]Neil Garfield
- Texas Courts confirm: The Homeowner must be foreclosed upon before suing for wrongful Foreclosure March 28, 2017http://www.lexology.com/library/detail.aspx?g=da21e31b-d490-48b4-ae3a-cc663fb66591 The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of a mortgagor’s motion for remand because the non-diverse substitute foreclosure trustee was improperly joined in order to defeat diversity jurisdiction. The Fifth Circuit also affirmed t […]Neil Garfield
- Before the Bubble Pops: Inflated Demand and Unaffordable Prices March 28, 2017by Vince Golle March 27, 2017, 12:41 PM EDT The paucity of houses on the market remains a nagging hurdle for those Americans interested in trading up or looking to take their first step into homeownership. With a limited number of property listings amid solid demand, sellers have little reason to reduce asking prices. From […]Neil Garfield
- Citi’s attempts to act ethically are a smoke-screen to hide Fraud March 26, 2017by the Lending Lies Team CitiGroup’s attempts to act Ethically are a Smoke-Screen for its Fraud Spree. In last Saturday’s edition of the Wall Street Journal an article entitled, “The Banker-Turned-Seminarian Trying to Save Citigroup’s Soul”. I didn’t projectile vomit but my gag reflex was activated. Citigroup’s latest attempt to schmooze regulators and the […]Neil Garfield
- The Feds Bag another Small Fish: Georgia Real Estate Investor Pleads Guilty to Bid Rigging and Bank Fraud at Public Foreclosure Auctions March 24, 2017While the Big Banks continue to fabricate notes, robosign documents and create fake assignments in order to illegally foreclose, the Federal government continues to focus on the small fish. A Georgia real estate investor pleaded guilty today for his role in a bid-rigging conspiracy and fraud scheme related to public real estate foreclosure auctions in […]Neil Garfield
- Bloomberg: Renters Now Rule Half of U.S. Cities March 23, 2017https://www.bloomberg.com/news/articles/2017-03-23/renters-now-rule-half-of-u-s-cities Detroit was once known as a city where a working-class family could afford to own a home. Now it’s a city of renters. Just 49 percent of Motor City households were homeowners in 2015, down from 55 percent in 2009 and the lowest percentage in more than 50 years. Detroit isn […]Neil Garfield
- Learn from the Foreclosure Mills Themselves: Dealing with Defects in Non-Judicial Foreclosure States March 23, 2017Dealing with Defects in Non-Judicial Foreclosure States March 23, 2017 On Thursday, the Legal League 100 held a webinar with a focus on title defects and how they can disrupt the foreclosure process, titled “How to Lose Your Case Before It Starts-Title Defects.” The webinar was provided free of charge the mortgage servicing industry and […]Neil Garfield
- MERS Ownership Intentionally Obfuscated March 22, 2017By The LendingLies Team In an ongoing California Appeal (that will go unnamed at this time), a homeowner’s attorney obtained a routine MERS corporate disclosure statement in response to an opening appellate brief he had filed. The attorney shared the disclosure statement with a colleague in Hawaii who noticed that MERS claimed it was owned […]Neil Garfield
- Housing Bubble 2017: Existing Home Sales Tumble As NAR Warns Prices Becoming Increasingly Unaffordable March 22, 2017http://www.zerohedge.com/news/2017-03-22/existing-home-sales-tumble-nar-warns-prices-becoming-increasingly-unaffordable After starting the year at the fastest pace in almost a decade, existing-home sales slid in February some 3.7%, below the 2.0% drop expected, as 5.48 million existing houses were sold last month which was marked by a paradoxe: on one hand, […]Neil Garfield
- 9th Circuit Opens Door to Modification Fraud and RESCISSION: Oskoui v Chase March 21, 2017The 9th Circuit has laid bare its frustration — and that of thousands of other judges — with the inability to get a straight answer on modification, the collection of trial payments, and the damage caused by misleading statements or outright misrepresentation, whether negligent or intentional. This explicitly opens the door for homeowner actions in […]Neil Garfield
- Matt Levine: Mortgage Math and Sympathetic Sales March 20, 2017Please refer to Bloomberg news for article about the Goldman Sachs/Fannie Mae non-performing loan purchases at: https://www.bloomberg.com/view/articles/2017-03-20/mortgage-math-and-sympathetic-sales Filed under: foreclosure Tagged: Fannie MAe, Goldman Sachs, Matt LevineNeil Garfield
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- ‘Unclean Hands’ Key in Foreclosure Suit Over Inflated Premiums March 17, 2017http://www.wrubellaw.com/articles/unclean_hands.html A defendant in a Palm Beach County foreclosure accused loan servicer Bank of America N.A. of having unclean hands in a case set to come before Circuit Judge Peter Blanc. Sandra Dolman claimed she defaulted on her mortgage after the bank charged at least four times market value for forced-placed insurance t […]Neil Garfield
- ATTOM: Foreclosure activity hits 11-year low March 17, 2017But foreclosure starts increased in 15 states March 16, 2017 Kelsey Ramírez Foreclosure activity dropped in February to an 11-year low, according to new data from ATTOM Data Solutions, a fused property database. This decrease marks the lowest point since November 2005, and the 17th consecutive month of annual decreases. But despite this drop, 10 […]Neil Garfield
- En Banc Fla 4th DCA Delivers Blow to PennyMac Foreclosure Model March 17, 2017In a highly unusual turn of events, the Per Curium opinion overturning the trial court’s dismissal was overturned on Motion for Rehearing en banc — including all the 4th DCA judges. Changing its course, the full court of the 4th DCA corrected the erroneous unanimous decision of the same court, which held that proof of […]Neil Garfield
- LIVE NOW! The Neil Garfield Radio Show! Listen in! March 16, 2017Tonight LIVE 6pm Eastern: The Neil Garfield Radio Show with California Attorney Patricia Rodriguez Posted on March 16, 2017 by Neil Garfield | Edit Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays In this episode Los Angeles Attorney Patricia Rodriguez joins Neil Garfield. Topics will […]Neil Garfield
- Remic and Viod assignment February 4, 2017I would only add that none of the Trusts actually come to own the debt, loan, note or mortgage anyway. The creation of “assignments” and “powers of attorney” merely create the illusion of a transaction that never occurred. Rod Ciferri is licensed in New York State. I strongly recommend that lawyers read the following excerpt […]timothymccandless
- Judicial Notice, A Misunderstood Tool January 17, 2017By Tony Sarabia Published in Los Angeles Daily Journal January 3, 2013 Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that […]timothymccandless
- HOBR-rulings October 29, 2016Superior Court of California. Sacramento County SESE, v. WELLS FARGO BANK NA. No. 34-2013-00144287. July 1, 2013. *1 Time: 02:00:00 PM Dept: 53 Clerk: K. Pratchen Reporter/Erm: S. Adams CSR# 12554 Bailiff/Court Attendant: C. Chambers Case Init. Date: 05/28/2013 Case Category: Civil – Unlimited Event ID/Document ID:, 10012106 Event Type: Motion – Other – Civi […]timothymccandless
- State court information regarding Bankruptcy rulings October 19, 2016bankruptcy_issues_for_state_Filed under: I Have a Plantimothymccandless
- A new look at Munger and damages where there is no Equity;lenders could foreclose on underwater homes with impunity, even if the debtor was current on all debt obligations and there was no legal justification for the foreclosure whatsoever. So long as there was no equity, there would be no remedy for wrongful foreclosure. And since lenders can avoid the court system entirely through nonjudicial foreclosures, there would be no court oversight whatsoever. October 17, 2016Court of Appeal, Fourth District, Division 3, California. John MILES, Plaintiff and Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY et al., Defendants and Respondents. G050294 Decided: April 29, 2015 Alessi & Koening, Ryan Kerbow and Thomas J. Bayard for Plaintiff and Appellant. Houser & Allison, Eric D. Houser, Brian J. Wagner, and Eileen M. Hors […]timothymccandless
- Getting the 50,000 or three times the actual damages after Foreclosure October 16, 2016Getting the 50,000 or three times the actual damages (b) After a trustee’s deed upon sale has been recorded, a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall be liable to a borrower for actual economic damages pursuant to Section 3281, resulting from a material violation of Section 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 292 […]timothymccandless
- 2920.5 Only applies to First Trust Deeds October 15, 20162920.5. For purposes of this article, the following definitions apply: (a) “Mortgage servicer” means a person or entity who directly services a loan, or who is responsible for interacting with the borrower, managing the loan account on a daily basis including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note […]timothymccandless
- 2920 Mortgages are not Deeds of trust October 15, 20162920. (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. (b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or instrument, other than a […]timothymccandless
- Mortgage relief codes and the Home Owners Bill of Rights vs a Fast and inexpensive way to protect the Banks security October 15, 2016CIVIL CODE SECTION 2920-2944.10 2920. (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. (b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or […]timothymccandless
- Accepting Partial Payment of Rent by California Landlord October 5, 2016Many of my readers are probably aware that California law allows commercial landlords to accept a partial payment of rent after service of a 3 Day Notice to Pay Rent or Quit and continue with an eviction action. This right to accept a partial payment after service of the notice is unique to commercial tenancies […]timothymccandless
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- Pleading and proving Concealment Fraud September 14, 2016CONCEALMENT FRAUD: The tort of deceit or fraud by concealment requires that each and all of the following elements be proved: “(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally […]timothymccandless
- Pleading and proving PROMISSORY FRAUD: September 14, 2016PROMISSORY FRAUD: The tort of deceit or fraud by a false promise requires that each and all of the following elements be proved: (1) a promise made regarding a material fact without any intention of performing it; (2) the existence of the intent at the time of making the promise; (3) the promise was made […]timothymccandless
- PROVING FRAUD and or MISREPRESENTATION: September 14, 2016PROVING FRAUD and or MISREPRESENTATION: DECEIT OR INTENTIONAL FRAUD The tort of deceit or intentional fraud requires that each and all of the following elements be proved: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce reliance; (d) justifiable rel […]timothymccandless
- PLEADING FRAUD or and MISREPRESENTATION IN A COMPLAINT: September 14, 2016PLEADING FRAUD / MISREPRESENTATION IN A COMPLAINT: In California, fraud must be pled in the complaint specifically. General and conclusionary allegations are not sufficient. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74; Nagy v. Nagy (1989) 210 Cal.App.3d 1262, 1268) Unlike most causes of action where the “the policy of liberal construction of the ple […]timothymccandless
- What do you do when your bank repeatedly tries to collect a debt that is not due September 7, 2016GOODIN v. BANK OF AMERICA, N.A. Email | Print | Comments (1) Case No. 3:13-cv-102-J-32JRK. 114 F.Supp.3d 1197 (2015) Ronald GOODIN and Deborah J. Goodin, Plaintiffs, v. BANK OF AMERICA, N.A., Defendant. United States District Court, M.D. Florida, Jacksonville Division. Signed June 23, 2015. View Case Cited Cases Citing Case Attorney(s) appearing for the Case […]timothymccandless
- 2016 CAALA Vegas conference syllabus September 3, 20162016_caala_vegas_syllabus Meeting Room B Experts Meeting Room C Legal Ethics Meeting Room D Registration Desk and Exhibit Hall Open La fi te Ballroom 12:30pm – 1:30pm CAALA Annual Membership Meeting Latour Ballroom 1:45pm – 5:00pm 2:00pm – 6:30pm Exhibit Hall Open La fi te Ballroom 6:30pm – 8:30pm Convention Kickoff Party: America […]timothymccandless
- The conflict between the Supreme court and Yvanova and the appellate court and Yhudai September 3, 2016The conflict between the Supreme court and Yvanova and the appellate court and Yhudai. The Homeowners right to challenge the Foreclosure sale outside the chain of title. MANANTAN-WELLS’ POA RE DEMURRER RE SAC-07-05-2016 MANANTAN-OPP TO DEMURRER BY WELLS FARGO & QUALITY-BY FAX MANANTAN-WELLS’ REPLY RE DEMURRER-07-05-2016 MANANTAN-SUR RE […]timothymccandless
- 128.5 July 26, 2016The Return of Broad Attorney Sanctions–California Code of Civil Procedure Section 128.5 Prior to 1995, courts had the ability to impose monetary sanctions on litigants and their counsel for almost any kind of transgression, and some judges developed reputations for doing so very liberally! The relative calm that reigned after a significant change in the […] […]timothymccandless