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with Charles Marshall and Bill Paatalo
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Judges and most lawyers think that just because they can’t think of any harm being done to homeowners by fraudulent foreclosures that there isn’t any harm. They are wrong. The question itself demonstrates bias and disregard for the laws under which we live. It rewards those who violate those laws. Charles Marshall and Bill Paatalo join together to talk about this and related subjects tonight on the West Coast Edition of the Neil Garfield Show.
Yes listeners well know that it is continuing the mantra of judges all around the nation in non-judicial and judicial foreclosure cases alike: Where is the Harm? to you the ‘borrower’. Well one judge did find great harm to a party subject to a judicial foreclosure in Florida, in the case of Wells Fargo Bank, N.A. v. Riley, which case we have discussed previously on the Show. See Neil’s blog post for details. Bottom line in this case the Judge found Wells Fargo had unclean hands in their behavior, and so could not proceed with the foreclosure.
As for addressing with a wider scope the issue of harm to ‘borrowers’ in these situations, the following types of harm are typical and often ongoing:
– Not getting a true accounting of the amount of money still owing on the alleged debt, and a proper showing of the real creditor to whom any payments are to be made;
– Not having the ability to finally reconcile the debt with the true holder of the debt; – Having an entity report to credit agencies that I am supposedly in default on a mortgage loan, where the particulars of who I owe the money to and the amount of money at issue are finessed or outright misrepresented;
– Not having the ability to alienate, that is sell or even rent my property, without the chain of title be a chaotic mess which cannot be properly explained to potential third-party purchasers or renters;
– Being subject to continual foreclosure proceedings, threatening me with eviction, when the party pushing an auction sale and subsequent eviction has little incentive to negotiate a resolution with me if they don’t in fact hold the debt they harass me over.
- suicides
- divorces
- emotional distress
- health issues
Filed under: foreclosure |
Lack of confidence in Justice.
Enormous homelessness across the Country;
Drug and alcohol abuses;
Skyrocketing level of crimes – 307 mass shootings in USA 2018, basically EVERY DAY.
Risks of mass fires since homeless people use ground fires for cooking;
Rapidly spreading rare deceases due to homelessness,like typhus epidemic in LA;Streptococcus, shigella in Seattle, ect. Nobody knows how many actual victims since most homeless do not seek medical help
Broken families. Suicides. Heart attacks; Depression.
Bad credit, so more out-of -pocket charges to illegally foreclosed people when they will search for another place to live; .
Damaged kids who suffered through foreclosures process.
New property owners who “own” nothing except an empty Title.
Insurance Companies who will be held on hook for judicial and banks’ fraud .
Millions homeless drug abusers will never return to the normal life.
Another huge segment of people are excluded from economy -homeless do not buy furniture, clothes, home items, ext. – means huge losses to businesses who cannot sell their products due to lack of consumers
And judges continue to rob people in the Courts with full support from the Government who pretend to see nothing.
It’s too bad “everyday ordinary homeowners” don’t know about their ability to file a chapter-11 bankruptcy plan of re-organization, and, use the unique rules of (chapter-11) to “cram-down” the creditor’s secured debt to the amount that the alleged creditor can prove exists, using a claim-objection motion?!? (…sucks)
The judges are letting the banks steal the investors money and federal money from FannieMae in addition to letting debt collectors
steal the homeowners homes and pocket all
this huge revenue as criminal windfall.