Notice to Neil and homeowners of Federal lawsuit which may affect you.
consumerrightsdefenders, on February 13, 2015 at 11:37 pm said:
Consumer Rights Defenders assists in all 50 states.
Please read this email to Neil and all Americans advising of a huge federal action impacting all California former property owners who lost their property’s through illegal foreclosure and now are facing evictions.
Call us today at 818.453.3585 for all inquiries.
This is a notice of the filing of a federal lawsuit for a pro se sophisticated plaintiff who lost his home due to a fraudulent foreclosure [so says his potential expert witness, an Esq of over 30 years in Real Estate law and recording procedures in the countys]. The case is entitled Sabacky v. OneWest Bank…additional defendants are Governor Brown, AG Kamela Harris, the Superior Court of Califorina-specific judges, et al. Challenged is the state’s practice of not allowing specific defenses being litigated in eviction cases.
It is a well balanced and powerful attack on Califorina’s present eviction procedures that prevent former owners from raising “illegal procurement of title ” by banks at foreclosure sales. The case is about 2 weeks old and is in the PACER system under this file name, filed in USDC Central District in Los Angeles.
The war has just begun, but if Mr. Sabacky wins literally tens of thousands of former owners of homes may be allowed to sue retroactively to show wrongful foreclosures did occur and wrongful evictions occurred with millions in damages being at stake, not to mention the thousand of tenant/former owners presently facing evictions who will be allowed to raise a common affirmative defense attacking title procurement illegally by foreclosing banks which is now NOT allowed in California. Sabacky has challenged this by way of a civil rights violations and pendent state claims in the suit.
We invite you call or media inquiry to this very important case.
Call Consumer Rights Defenders and ask for Steve at 818.453.3585 for further information.
This was issued rushed rush to Neil and all those similarly situated needing information about this important lawsuit.
From the NEWS DESK at Consumer Rights Defenders: CALL US ABOUT LITIGATION AGAINST YOUR BANK AT 818.453.3585, please read this urgent article affecting your rights…….
High Court Rules for Homeowners in Mortgage Dispute
Jan 13th 2015 11:48AM
Alex Wong via Getty Images
By Lawrence Hurley
WASHINGTON — The U.S. Supreme Court on Tuesday ruled in favor of homeowners seeking to back out of mortgages when lenders are accused of failing to follow a federal “truth in lending” law.
On a 9-0 vote, the court handed a win to an Eagan, Minnesota couple, Larry and Cheryle Jesinoski, over the $611,000 loan they obtained in 2007 from Countrywide Home Loans, now part of Bank of America (BAC).
On the technical question before the justices, the court said homeowners need only write a letter to the lender, as the Jesinoskis did, and don’t need to file a lawsuit in order to benefit from a provision of a federal law known as the Truth in Lending Act.
The law allows consumers to rescind a mortgage for up to three years after it was made if the lender doesn’t notify them of various details about the loan including finance charges and interest rates. The Jesinoskis filed their notice right before the end of the three-year period and filed a lawsuit a year later after the bank said it was disputing the claim.
The language of the law “leaves no doubt that rescission is effected when the borrower notifies the creditor of his intention to rescind,” Justice Antonin Scalia wrote on behalf of the court.
The provision is typically used by homeowners who are struggling to pay their mortgages. Lawyers for consumers say mortgage companies routinely violated the law in the years prior to the 2008 financial crisis. Lenders contend that notice is not enough if the bank in question disputes the homeowners’ claim.
Appeals courts had been split over what homeowners have to do to trigger this rescission process. The Jesinoskis appealed a lower-court decision that favored Countrywide. The Supreme Court reversed that lower-court ruling.
The case is Jesinoski v. Countrywide, U.S. Supreme Court, No. 13-684.
” Woman in California Beats a New York Bank.”
November 2014 NEWS DESK SPECIAL EDITION from
Consumer Rights Defenders……
The BANK OF NEW YORK MELLON in the case of Bank of New York Mellon, a trust, v. Janeece F., GIVES UP. AS THEIR CASE GOES SOUTH….BANK FILES A DISMISSAL IN A JUDICIAL FORECLOSURE CASE IN SUPERIOR COURT ON OCTOBER 27, 2014 in Sonoma County.
Our “woman of the year” has finally beat BONY M and its lawyers and they gave up. After nearly 2 years of hard core litigating, Janeece finally prevailed in one huge battle against BONY Mellon who was sanctioned money for discovery abuses, lost two trial dates, failed to take plaintiff’s expert’s deposition [Neil Garfield was her expert] and all done by Janeece with NO ATTORNEY. She did have our staff helping at Consumer Rights Defenders. We can help you too.
If you want more information about this tremendous victory, call Steve or Sara at Consumer Rights Defenders at 818.453.3585.
We are here to help you win your battle, since 2007. Attorneys available to review your matters.
It’s election time again and I was wondering what someone would ask a Sheriff’s Candiate, and see how they would handle these illegal foreclosures, would they just go along with what the judge has ordered or go an extra step further and find out for themselves what is lawfull. It would be huge if we could find a few with the guts to stand up for what is right…
that is a heartless way to treat people that could make a difference in the community surrounding this house and the immediate neighborhood that could benefit.
Restraining Order Granted in California this morning thanks to the litigation team at Consumer Rights Defenders.
We are proud to announce that in the case of Loree J M v. IndyMac the court issued a TRO stopping a foreclosure sale. This was issued in Santa Clara County Superior Court. More as details develop.
Call us at Consumer Rights Defenders for litigation assistance and for free consultation at 818.453.3585 immediately. Ask for Steve or Sara.
Helping consumer homeowners nationwide.
There is an “Allonge To Note” stamped on the back of my Adjustable Rate Note. Date of Allonge is 4/22/05 and Note date is 5/2/05. I never saw this when I signed papers. Is this significant? I’m fighting foreclosure now.
About to be foreclosed on? We can help. Get legal services by contacting Consumer Rights Defenders at their new website at CRDefenders.com and calling us at 818.453.3585 for immediate assistance stopping foreclosures without BK and on how to win your case against the banks.. Ask for Steve or Sara. Offices nationwide to help homeowners. Put the law on your side.
Neil, I have been watching your blog for the past 2 years or more because it is one of the most interesting but truthful websites on the topic of foreclosures. You keep it real!! I admire your persistence in making an effort to go after the banks/lenders. It’s people like you who are the real winners. If only the homeowners understood the meaning of “persistence” and “perseverance,” there would be a lot more cases out here that could be won.
But I thank you for your courage and assistance that you provide the millions of homeowners that face foreclosure and this wonderful blog.
Neil’s readers can get legal services by contacting Consumer Rights Defenders at their new website at CRDefenders.com and calling us at 818.453.3585 for immediate assistance stopping foreclosures without BK. Ask for Steve or Sara. Offices nationwide to help homeowners.
I have worked as a Bankruptcy Paralegal, Analyst, Specialist and Bankruptcy Supervisor in the banking industry, and as paralegal for debtor and creditor law firms, and have more than 16 years experience in bankruptcy and adversary litigation. Currently acting as a ghost writer for attorneys and now accepting pro-per cases.
My blog page:https://paralawyerghostwriter.wordpress.com/
My scribd page:http://www.scribd.com/paralegalghostwriter
Joe: Contact us at 818.453.3585 to set up a consult for all those in Texas needing immediately assistance. Our Dallas area office is available for consultations and interviews. Ask for Steve, Sara or Nicole. Legal offices of Consumer Rights Defenders. Defending homeowners successfully since 2004.
DISABLED RESIDENTS FACING EVICTION
Frost Bank Wants To Sell Property
HOUSTON, TEXAS – Elderly, disabled and terminally ill men at the Ray Hill Transitional Residence face eviction by Frost Bank.
New Beginnings Houston, a non profit outreach ministry providing housing and other services to homeless individuals, announced today that residents may be evicted from their southwest Houston facility.
“We have five community homes,” said Joe Donalson, volunteer director of the ministry. “Due to threats of foreclosure and eviction coming from the Houston law office of Wells & Cuellar, we may have to shut down the Residence Three.”
“I think its big bank greed, pure and simple,” commented Ray Hill, who the facility was named after. Hill, an advocate for civil rights and free speech, was responsible for the 1987 landmark U.S. Supreme Court decision in Houston v. Hill striking down laws prohibiting citizens from verbally opposing police misconduct.
In 2011, the home in the southwest community of Westbury was the subject of numerous complaints. The owner, afflicted with cancer and AIDS, explained that his declining health had prevented him from doing upkeep. When the city started posting notices and issuing citations, he just walked away, leaving the residence open for vagrants, drug dealers, and rats. After learning the home was facing demolition by the city as a dangerous structure, New Beginnings Houston contacted the owner and obtained a lease agreement. In exchange for repairing and renovating the residence, the ministry would be able to use it as a community home for disabled men.
“Our volunteers contributed a substantial amount of time and money towards this residence,” Donalson said. “Vagrants had stripped it down, breaking holes in the walls and ceilings to steal fixtures, pipes, and wiring. The value of the materials and labor we put into saving this home exceed $25,000.”
Although Frost Bank had an old lien on the property, they showed no interest in it until New Beginnings Houston saved it from the bulldozers.
“The bankers at Frost are greedy,” Donalson commented. “They didn’t care when it was a crack house awaiting demolition. Now that we’ve saved it, and have substantially increased its value, they want to throw disabled residents out on the street and sell it for a profit. That’s not right.”
On its website, New Beginnings Houston offers a single solution to two major problems plaguing our city – all the homeless people wandering the streets, and all the abandoned derelict homes awaiting demolition.
“There’s a story behind every abandoned home,” Donalson said. “It could be that someone died with no heirs, or that back taxes or liens on the property are more than the property is worth. Whatever the reason, when a property is abandoned it creates big problems. Scavengers break in, stealing everything of value. Vagrants move in, starting fires to keep warm in the winter. If they don’t end up burning it down, eventually the city comes along and tears it down.”
“This doesn’t have to happen,” Donalson continued. “Instead of tearing down these structures, with a little time and effort they can be rehabilitated into transitional facilities for the city’s homeless. That is what our outreach is all about. Using donated materials and volunteer labor, we renovate these derelict homes. Afterwards, the homeless men doing the work get live in them while they are helped to defeat substance addiction, eat healthy, find employment, and move on to a productive life.”
At a March foreclosure hearing, State District Judge Randy Wilson noted that Frost Bank would benefit from the positive publicity that would come from either donating the home to New Beginnings, or offering them a low interest mortgage. Frost, however, wasn’t interested. They continued to pursue foreclosure, and on July 20th obtained a judgment to auction off the property to the highest bidder.
James Cuellar, a lawyer representing Frost Bank, mailed a certified letter to the home giving its occupants ten days notice to vacate the property.
“We’re going to fight this,” Donalson said in reference to the notice. “We’re standing on our lease that says our ministry has use of this home.”
On May 20, 2009, President Obama signed the Protecting Tenants at Foreclosure Act. This law protects tenants from eviction because of a foreclosure on property they occupy.
“I put a lot of work into saving this place,” said Clifford Clarke, a cancer patient who shares the home with four other residents. “I used my monthly social security check to pay for for repairs and to cover my monthly rental sustenance payments. This is my home, and I intend to be here until I die.”
Frost Bank, however, is taking the position that lease doesn’t qualify for federal protections. Their attorney has indicated he will sell the house by public auction, and then afterwards ask a Justice of the Peace to order an eviction.