Category Archives: court opinions

Sanctions Pummel Neil Garfield Legal Theories

Neil Garfield’s frivolous filings and bogus legal theories have already cost at least one client, Zdislaw Maslanka, a wad of attorney fees in an utterly frivolous action to get his house free even though he remained current in his mortgage payments.  As the docket entries below show, the Florida 4th District appellate panel affirmed the […]

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Fla Court Destroys Garfield Arguments in Maslanka

Maslanka could owe over $100K in his adversaries’ legal fees because his lawyer (Neil Garfield) propounded lunatic arguments in a lawsuit against a mortgage lender and creditor. If Maslanka gets a mortgage examination, he might have the evidence to prove that Garfield committed legal malpractice. Garfield is a total embarrassment to the legal profession; and […]

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USDC Opinion DESTROYS Neil Garfield Legal Theories

The Tennessee western USDC denounced most if not all of the arguments Garfield made in his recent ridiculous postings on LivingLies blog. Jones v. SELECT PORTFOLIO SERVICING, INC.,  Dist. Court, WD Tennessee 2016 – Google Scholar https://scholar.google.com/scholar_case?case=2270799973752803209&scilh=0 Here see just a few of Garfield’s idiotic postings: Down to the Nitty Gritty: Holder vs Owner of […]

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Cal. Supremes Opine Yvanova May Sue on Void Assignment

Cal. Supremes Opine Yvanova May Sue on Void Assignment http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2078551&doc_no=S218973 The Myth Mongers will come out in force saying this opinion means assignment snafus can void an otherwise perfectly just non-judicial foreclosure. In fact, it says that Yvanova may sue to undo a non-judicial foreclosure on the basis that the foreclosing party did not own beneficial […]

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SCOTUS: Borrower Lacks Standing to Challenge PSA Violations

By Bob Hurt, 4 November 2015 Introduction The 2 November 2015 US Supreme Court denial of certiorari in Tran v Bank of New York settled once-and-for-all the spurious assertion that borrowers can challenge putative violations of the Pooling and Servicing Agreement (PSA) creating a securitization trust. Borrowers, encouraged by Glaski v BOA, a California appellate […]

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Mayer-Brown Whines about Brown v Quicken Loans Punitive Damage Award

In this article the author, from a law firm that specializes in beating up state courts for what the author considers excessive punitive damages awards, ATTACKED the West Virginia Supreme Court of Appeals for using procedural tricks to prevent the US Supreme Court from reviewing the award of $2.17 Million in punitive damages and $600K […]

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The Vapor Money Theory

Courts across the land have trashed the Vapor Money Theory – the idea that the borrower’s note funded the loan, or there’s no real money and so the lender never actually gave money in the form of a loan.  I provide some court opinions, and a host of related citations. http://www.leagle.com/decision/In%20FDCO%2020100615B54/BARNES%20v.%20CITIGROUP%20INC. MICHAEL J. BARNES, Plaintiff(s), […]

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Bradford Shows the Basics of Mortgage Attack in his own case

NORMAN BRADFORD SHOWS THAT THE COURTS LIKE RESCISSION and OTHER FORMS OF MORTGAGE ATTACK, etc, IF THE BORROWER ARTFULLY MANAGES THE ATTACK. If you want to see a case where the court denied rescission pre-Jesinoski, but the court awarded damages and attorney fees to the plaintiff, and where the MORTGAGE ATTACK lawsuit shows you how […]

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Florida 1st District Affirms $250K Punitive Damage Award in Pate v BOA

All of you who simply cannot believe that borrowers can beat the bank by proving the bank and its agents and allies injured the borrower, TAKE HEART.  Here I present a crystal clear example of the MORTGAGE ATTACK methodology: Bank of America, NA v. Pate, 159 So. 3d 383 – Fla: Dist. Court of Appeals, […]

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CA court affirms $250K for dual tracking in Bergman v JPMCB

  Read the opinion here (also appended below): http://www.courts.ca.gov/opinions/nonpub/E060148.PDF This California 4th District appellate opinion contains a treasure trove of virtual advice for borrowers whom the lender scammed with a fake loan mod while foreclosing on him at the same time (“dual tracking.” The panel fully supported the opinion of the trial court which awarded […]

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Nationstar v Brown – Statute of Limitations No Defense Against Foreclosure

Statute of Limitations Applies to Whole Payment Stream By Bob Hurt, 18 September 2015 Florida’s 1st District Appellate Court gave Germaine and Andrea Brown a rude awakening by telling them the Florida foreclosure 5-year statute of limitations does not apply a 30-year stream of mortgage payments even after the creditor accelerates the loan, making the […]

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IF the servicer’s home preservation company steals your stuff…

This US 8th Circuit Appellate opinion should give you heart, IF you can get a damages award from an arbitrator or trial court for theft of your stuff by a home preservation company’s felonious employees. In this case, the arbitrator awarded the Starks $6 million to punish the servicer, note holder, and home preservation company […]

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How to Get the Benefits of a Securitization Audit FREE

Securitization Audits Decline Dramatically… Find Out Why   How to Get the Benefits of a Securitization Audit FREE Benefits?  WHAT Benefits? Learn below why the audit is a complete waste of resources. Copyright © 1 April 2014 by Bob Hurt.  All rights reserved.  http://MortgageAttack.com TECHNICAL ALERT:  I, the author, am not an attorney or practitioner, […]

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TILA Rescission in the wake of Jesinoski

Truth In Lending Act (TILA) See the full law here: https://www.law.cornell.edu/uscode/text/15/1635 See the regulation Z here: https://www.law.cornell.edu/cfr/text/12/226.23 Congress intended the right of rescission to protect the consumer from putting the family home at risk by using the home or the equity in it to secure a loan. It doesn’t apply in mortgage loans for the […]

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Public Access to Law; Discipline for Foreclosure Pretender Defenders

To: Professor Dale A. Whitman, Dean Emeritus University of Missouri-Columbia Law School Dear Professor Whitman: I saw your article “Learning from the Mortgage Crisis” in a friend’s magazine.  I thought I’d write and ask you to send me a copy of the pdf file.  Will you send it to me, please, by return email?  Why […]

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Why Mortgagors Lack Standing to Dispute or Enforce Note Assignment or PSA

These two opinions (excerpts from the list below) show why securitization and assignment arguments MUST fail in a foreclosure dispute.  Borrower suffered no injury, has no interest in, and never became a party to the Pooling and Servicing Agreement (PSA) or any assignment of the note.  So, the borrower has no standing to dispute or […]

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Fight the Right Battle to Cure Your Mortgage Crisis

How to Solve Mortgage and Foreclosure Woes Do you have an underwater mortgage (you owe more than the value of the property)? Do you face foreclosure? You can solve those problems with relative ease and minimize damage to your credit rating if you follow the below decision tree. You have two battles to fight in […]

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