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How Are Homeowners Winning?

  • Broadcast in Finance
THE NEIL GARFIELD SHOW

THE NEIL GARFIELD SHOW

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https://livinglies.wordpress.com/2018/04/26/tonight-how-are-homeowners-winning-the-neil-garfield-show/

Homeowners are winning cases in increasing numbers as Judges get increasingly skeptical of  the so-called evidence that is brought into their courtrooms by banks and servicers.

  1. Homeowners are winning foreclosure cases with rulings that describe the defects and deficiencies in the proof.
  2. Homeowners are winning wrongful foreclosure cases with 6-7 figure verdicts
  3. Almost all of the many winning cases are silenced when the opposing side pays or gives value to the homeowner in exchange for a confidentiality agreement that silences them and their attorneys from discussing the case or the settlement.
  4. In foreclosure cases they win by attacking
    1. The existence of the trust
    2. The powers of the trustee
    3. The authenticity of assignments of mortgage
    4. The timing of the endorsements or the assignments of mortgage
    5. The completeness of the PSA
    6. The knowledge of the witness
    7. Inconsistencies in the pleadings and proof
  5. In damage cases they are winning on several different types of claims including
    1. Fraudulent foreclosures
    2. Negligence
    3. RICO
    4. Emotional distress
    5. Punitive Damages

Tune in tonight as we discuss these issues as hope for homeowners increases. But remember that most homeowners decide not to fight. SO most cases are decided by default. The time will come  when homeowners will win on the issue of TILA Rescission but not until SCOTUS rules AGAIN that courts may not interpret the TILA Rescission statute to grind a case into an outcome that is predetermined.

 

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