Livinglies's Weblog

Most homeowners will continue to ignore such pronouncements that fail to give relevant examples.

Most lawyers are too lazy or presumptive to research the issue and seek advice from experts who actually are competent to comment on investment banking applied to the loan market.

But since the implied unpaid loan account does not exist and the designated party as claimant expects no payment, they are missing out on easy enforcement of obviously abusive behavior — including attorney fees and costs under the FDCPA and RESPA.

Obviously, you need to bolster your case with a QWR and DVL, a follow-up QWR and DVL, a complaint to the State AG and a complaint to the CFPB. That is what enables you to add that you have exhausted all other available remedies.

But once you have completed that, together with a binder of statements and notices, you can make the credible (and true) allegation that these parties are participating in a scheme to obtain a remedy based upon the implied representation of a false fact — that the homeowner owes anything to any of them.

In this policy statement, the CFPB sets forth how abusive conduct generally includes (1) obscuring important features of a product or service or (2) leveraging certain circumstances—including gaps in understanding, unequal bargaining power, or consumer reliance—to take unreasonable advantage. In particular, the statement describes how the use of dark patterns, set-up-to-fail business models like those observed before the mortgage crisis, profiteering off captive customers, and kickbacks and self-dealing can be abusive.

Read the Statement of Policy Regarding Prohibition on Abusive Acts or Practices.

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Neil F Garfield, MBA, JD, 76, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.

Please visit www.lendinglies.com for more information.

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