California Foreclosure Justice
Click in to tune in to: The Neil Garfield Show
Or call in at (347) 850-1260, Tonight at 6 pm EST Thursday.
The legal landscape is changing in California. After a foreclosure drought, Yvanova opened a floodgate of new decisions that bolster a homeowner’s right to challenge a fraudulent foreclosure pre- and post-sale.
Joining us tonight on the Neil Garfield Show is San Diego attorney Charles Marshall who had a case vacated in Gieseke v. Bank of America, when BOA won on summarily without having to provide an oral argument based on a lack of standing. The case was remanded the case back to District Court where it will be reconsidered. Gieseke Remand Order 5 20 16 from 9th Circuit.
Charles will discuss Gieseke in regards to the recent California Yvanova and Keshtgar decisions.
Marshall Law
Attorney Charles Marshall
Email: cmarshall@marshallestatelaw.com
Website: marshallesquire.com
Phone number: 619.807.2628, 619.755.7825
Note:Attorneys Stephen Lopez and Charles Marshall are not affiliated.
Filed under: foreclosure | Tagged: 9TH CIRCUIT, charles marshall, Gieseke, neil garfield radio, sciarratta, stephen lopez, Yvanova |
Matthew: I surely do hope you win! For everyone – why is the SEC not requiring filings from these supposed Trusts and the registration of the sales of the securities offerings? Seems like the issuers are issuing unregistered securities or something. Or maybe I don’t understand as well as I thought. Seems like the SEC does not care if there are 300 investors or less – times many, many trusts, nice rule loophole for the banks! Still a great number of investors will surely be affected by the Trusts inability to pay out, which would surely eventually happen if the sales of these “securities” would be stopped by our government or the SEC.
Reblogged this on Deadly Clear.
I thank you guys from the bottom of my heart. I have a case where I financed a home through Fremont Financial, I then did 3 failed workout attempts with Chase Home Finance and finally figured out they didn’t want to restore a performing loan in the interests of their stockholders, etc. It defaulted in 2006 and was never brought current.
In 2013, SPS Servicing created an assignment of mortgage – assignor was MERS/Fremont (and Fremont’s out of business since 2008). This was in the state of Arkansas where per Southwest Homes v. MERS, the Arkansas Supreme court says that MERS cannot assign anything but only act to record. I therefore have a VOID document filed in the county record in 2013.
US Bank was the assignee (as trustee for JP Morgan asset backed certs..2006), and they filed suit past the SOL. I argued that and won on default judgement because they lowest bidders didn’t respond, but they then argued to reopen committing aggravated perjury saying first date of acceleration was not 2006 – conflicting their own complaint and they said I didn’t serve them (which I did by certified mail). Judge reopened this (in violation of rules of procedure since no prima facie valid cause of action…complaint inssuficient to invoke subject matter jurisdiction of the court, etc.). I ended up losing which challenging the assignment in court, and just got the typical “defendant is not party to this transaction and cannot challenge”.
Because of you guys, I have some body of matters which give proof to my argument, and I have a shot at real justice against criminals to whom I never owed a dime who took a piece of real estate from me.
Thanks Very Much!
Matthew
________________________________