PLEASE SEND RESPONSES AND REFERRALS TO INFO@LENDINGLIES.COM or call 202-838-6345
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We have a prospective client for a lawyer in the Atlanta area involving a foreclosure case emanating from Douglas County. Currently pending in State Court in Douglas and Federal Court in Atlanta. She has been prequalified as having sufficient resources to pay attorneys fees and costs. She only needs a lawyer who is dedicating to winning in litigation and negotiating in good faith on modifications.
There are some deadlines involved. She has ordered Chain of Title Analysis and is ordering the forensic report from Bill Paatalo. We of course stand ready to assist with drafting and suggestions on strategy. With her permission you can get transcript of the consult with Neil Garfield.
We do not accept any contributions from the attorney who accepts this case. No referral fee, lead generation fee or anything else. No obligation of the lawyer except to accept her call.
Please send responses to info@livinglies.com.
- The homeowner’s pending complaint has been removed to Federal Court from State court sounds like it is deficient in several ways. Amendment very likely is needed.
- AWHL was the originator and almost definitely was not the lender or creditor in the transaction: pretender lender.
- SPS is the servicer which means they’re most probably using fabricated documentation with forgeries and/or robosigning.
- BONY Mellon has disclaimed any involvement in the loan, the foreclosure or the collection. It is acting for a trust that exists, most likely, only on paper with no actual property or money entrusted to the trustee to be held in trust.
- There are grounds here to ——–
- set aside the sale based upon bidding by BONY and not the trust, and fraudulent misrepresentations about ownership of the debt, note and mortgage.
- Damages for
- Wrongful foreclosure
- Modification fraud — lost papers etc. — never actually reviewed.
- Breach of contract
- Negligence — representations, and actions
- FDCPA
- TILA?? Rescission sent — get copy.
- RICO
- etc.
LivingLies stands ready to help any pro se litigant or attorney involved in foreclosure litigation, strategy or tactics.
Filed under: foreclosure |
If BoNY was involved as the Trustee check the date the “trust” closed and match that against the date of the Assignment. Very often the closing date of the trust was much earlier than the date the Assignment was “created.”
If the date of the Assignment is more than 1 1/2 yrs then there is virtually no way the Assignment is legitimate. Since no Custodial Manager were ever risk paying 100% tax on a $500+ Million Portfolio to insert a few “seasoned loans” and by law they can only add or subtract loans within the grace period of 60-90 days after the trust closed.
Hi Neil:
I have the exact same issues in Georgia. AWL was also my alleged original lender, followed by a fake assignment to BONY (trustee). I have been in this battle for over 7 years. I have all my docs, (certified search from SEC showing trust was terminated 5 years before fake assignment, certified search lender was not a licensed to lend in Georgia, certified search lender was not licensed to do business in Georgia.
I finally have a case in court. Attorneys not that great here however, the case is still active. If I can help in anyway, please feel free to pass on my info, Janet 404-861-6036.
WE NEED A PRO BONO FORECLOSURE DEFENSE ATTORNEY IN RHODE ISLAND. Please broadcast this message!
I have the same issues in Maryland. Not able to defend. House has been sold to new home owner. Not sure what can be done if anything.