Max Gardner is one of the superstar lawyers of the foreclosure crisis. Here's a chance to hear his analysis of the recent California Supreme Court decision that everyone's talking about.... (Continue reading)
In Yvanova, the court didn't say whether her claim that the trust didn't own her loan would prevail, only that a borrower now has standing to make that claim.... (Continue reading)
Learn the most up-to-date loss mitigation & legal strategies, based on new state & federal statutes that have dramatically changed the playing field.... (Continue reading)
Or, let's be honest about this... a more accurate way to describe what happened here, would be to say that the Robinsons didn't want to notify MERS, because they wanted the default judgment that was likely to result from only... (Continue reading)
Here are my 12 RULES for Contacting Servicers... Getting your loan modified is easier today than its ever been... that's a fact. But coming to the table with the baggage of whatever happened last time will only increase the... (Continue reading)
It's been six years since this crisis began, and it's shocking how far we haven't come as far as loan modifications are concerned. But, at this point it's not the servicers that are causing most of the problems... it's... (Continue reading)
I just want to point out that California homeowners should not be in any sort of hurry to follow in the footsteps of Robinson v. MERS. While I understand why many homeowners would describe this case in positive terms...... (Continue reading)
Now, I'm not saying that anyone should have known about any of this. The fact is that his article, and others I've written in the recent past, appear to be the first in the country to propose switching to... (Continue reading)
So, the mortgage industry has seen originations fall in a single year by 60-70 percent, but the housing markets are okay, in fact they're recovering all around us every day, and prices are up. ... (Continue reading)
The real danger of mass joinder lawsuit scams is that the homeowners wouldn't find out for several years that they'd been scammed, when finally a court dismissed their suits, and they were harder for authorities to police and shut down... (Continue reading)
I know what sorts of headlines run rampant through the media these days. It's nothing new... it's been going on non-stop since at least 2008. It's also utter and complete nonsense.... (Continue reading)
If a company was misinforming seniors about reverse mortgages with deceptive advertising in order to sell them on reverse mortgages, everyone would be disgusted and demand that it stop. So, why would anyone be any less outraged with U.S.... (Continue reading)
The NYS MAP program will be available in Long Island only starting on September 15th, and elsewhere in the State of New York as of October 15th. Loans made under the program can, among other things, be used to... (Continue reading)
Can we connect these dots? Housing market takes a dive, consumer spending craters causing retail earnings to collapse, with underlying employment numbers somewhere south of ghastly.... (Continue reading)
In other words, the housing market hasn't recovered, and won't recover because it can't recover until the underlying fundamentals change, and that won't happen for a long, long time. It certainly won't happen as long as we refuse to... (Continue reading)
All we ever wanted was a fixed loan. Between Martin and Nathan Fransen's time and dedication to my family we received a loan modification. The part that to this day will bring tears to my eyes is... (Continue reading)
We need programs that stop foreclosures and provide reasonable resolutions for borrowers faster than one at a time. I don't want to see another optimistic forecast, like the ones I've been shown every single year since the crisis began,... (Continue reading)
So, I went to visit Richmond, California, so I could see what the town looked like, and to sit and talk face to face with the CEO of Mortgage Resolution Partners. Join me below and I'll take you on... (Continue reading)
So, if Wells Fargo was now willing to allow Arthur to sell the home he'd built and lived in since 1988 for $375,000... why not sell the home to Arthur for $375,000, and Arthur would use a reverse mortgage for... (Continue reading)
The thing is that no one wants to think that the horror show we've all witnessed these last five years hasn't been part of a nefarious plot to steal homes and take over the world somehow. That would at... (Continue reading)
If Professor Robert Hockett is the man behind the plan to use eminent domain to take over underwater loans and write them down for homeowners, Tom Deutsch is his arch nemesis. This is an opportunity to hear how the... (Continue reading)
HousingWire posted Tom's response to Chris' piece, Chris responded with another post on HousingWire... then Tom came back with a post on Naked Capitalism, with commentary by Yves, and somewhere in there Adam Levitin responded too. Lord only knows... (Continue reading)
So, here’s how my day went today… It started with Christopher Whalen quoting me in his article on HousingWire. Chris had told me yesterday that he was planning on quoting me in an article, but I didn’t know when... (Continue reading)
The man who wrote the plan to use eminent domain to take over underwater loans and write them down for homeowners that started in Richmond in earnest, but is now being considered in one form or another by something... (Continue reading)
Unfortunately, as so many homeowners have learned the hard way, it's not easy to figure out what's right and what's not about your loan modification application, and so many homeowners fail when they could have succeeded had they known what... (Continue reading)
And I have to admit that when I received the letter below, it brought a few tears to my eyes... and felt really good to know I had been able to help, but the credit really belongs to JPMorgan Chase... (Continue reading)
A large part of this protracted recession it said is due to households trying to reduce their debt levels, which in turn leads to less spending in the economy, driving the recession deeper and further.... (Continue reading)
So, if you add it all up, there's only one way that U.S. housing markets are recovering... Magical thinking!... (Continue reading)
Now there are scammers masquerading as banks, offering FAKE LOAN MODIFICATIONS... and if that weren't bad enough, the fake mods require homeowners to pay thousands of dollars for nothing.... (Continue reading)
Eminent domain means taking over underwater loans and writing them down for homeowners. Professor Robert Hockett authored the plan, and is consulting with cities all over the country now considering using eminent domain to save their cities from becoming...... (Continue reading)
I've seen my government fail at lots of things over the years, but this failure is too important and too costly to allow it to continue. We've lost more than five million homes to-date... and recent forecasts show we're... (Continue reading)
In addition, spurned on by the Fed's QE and zero-interest-rate policy, Lord knows how many smaller companies and individual investors also jumped on the bandwagon, and as it has the tendency to do, the insanity drove up home prices at... (Continue reading)
With this report, when your servicer says they can't do something... you'll know whether what they've said is accurate or not. Imagine the power of being able to show a mediator exactly what's been done to modify the other... (Continue reading)
This past September signified the fourth straight month of a decline in existing home sales, while mortgage interest rates hit two-year highs. The Mortgage Bankers Association index of mortgage activity is now at its lowest point since November of... (Continue reading)
By now the term "robo-signing" has practically become a household word. But it wasn't always that way. Just a few years ago no one had ever heard the term before. So, where did it all begin... and... (Continue reading)
Another Hawaii homeowner writes to thank me for helping her with a loan modification at Bank of America. She's the one who did the heavy lifting, and I'm glad I was able to help push it over the finish... (Continue reading)
So, what kind of punishment do you think one gets for doing what Stern did... backdating countless assignments, forging anything that wasn't nailed down, and disregarding just about every single law related to foreclosure in the State of Florida? ... (Continue reading)
Marc Dann Explains What Homeowners Need to Know About Foreclosure in Ohio... on this 12-Minute Documentary-style Video... When I visited with Marc this past year in his Cleveland offices, I interviewed him on camera in order to produce this 12-minute... (Continue reading)
The harm caused by our government's abominable handling of the foreclosure crisis... inconceivably made worse the complete absence of any communication on the subject by the Obama Administration... has barely begun to manifest itself let alone be understood... well, seemingly... (Continue reading)
Portland Maine attorney Thomas Cox is a national hero of the foreclosure crisis. Frankly, I thought everyone already knew that, but apparently not. So, if you aren't already familiar with what Tom has done and continues to do... (Continue reading)
Stewart, Sawyer and Oathout… three Maine homeowners… three separate foreclosure cases… each dismissed with prejudice, meaning none of the servicers trying to foreclose gets another chance at foreclosure. And Maine’s foremost foreclosure defense attorney, Tom Cox, gets the credit... (Continue reading)
Here's a Guest Post by Tom Cox in response to a Deadly Clear post, "Is the Promissory Note Even Enforceable?" But the short answer is that the only thing that's deadly clear about the post is that if you try... (Continue reading)
So, now I'm going to attempt the impossible. I'm going to show you how to beat back the obstacles to saving more... by tricking yourself into saving more... painlessly. Without you feeling it at all. Seriously... you... (Continue reading)
That's right, as Tom Cox fights to save his client's home from foreclosure, I ask Max Gardner to help us better understand what's going on and why... the background behind Tom's most penetrating arguments... and why it's such a specialized... (Continue reading)
Regardless of what happens going forward, perhaps this case and related decisions will lead to an increased willingness by state courts to take more care to examine the issues presented by homeowners and their lawyers, and lessen their tendency to... (Continue reading)
If you want to learn about what happened to Mr. Glaski... how his case went in the lower court... and how it ended up going his way in the Court of Appeal... get the to get inside scoop from... (Continue reading)
Diane and John Bobek, homeowners in Hawaii that I was able to help with their Bank of America mortgage, writes to thank me. ... (Continue reading)
It's far from being the only time I've seen Bank of America do something like this when no one is watching. I truly believe that they made the decision to buy back the Frost's loan from Fannie, because they... (Continue reading)
What happened here is not an example of homeowners fighting to keep their homes... it's not an example of foreclosure defense at all. It's only an example of how what's happening on the homeowner's side of this fight, can... (Continue reading)
It's easy to misinterpret something about this crisis. But, it's important that we try to guard against that happening whenever possible for all sorts of reasons, not the least of which is that being wrong means wasting time that... (Continue reading)
Being behind on your mortgage is never any fun, but don't listen to those that would have you believe that the loan modification process hasn't changed at Bank of America over the last few years because they're wrong... it's much... (Continue reading)
No matter, the more important conclusion reached by the report is that, "Nearly four years later, the problem shows no signs of abating." And isn't that just a lovely thought that made me throw up in my mouth a... (Continue reading)
I wrote this to you and other homeowners because I've been a witness to what Martin's help can lead to and what a homeowner can accomplish even when that homeowner has stopped believing that anything can work. Just because... (Continue reading)
I recently saw someone online saying that as a result of multiple insurance payouts a bank could receive millions of dollars on a $200,000 loan that went into default. It's just not true. There are lot's of reasons why... (Continue reading)
It's Bill Ashmore, President of Impac Mortgage... answering questions about the ins and outs of mortgage backed securities and the meltdown that began in 2007. ... (Continue reading)
It absolutely fascinates me, for example, that the Nevada legislature, in amending the law, took the time to write in a sentence saying: "require an affidavit containing a local or toll-free telephone number at which borrowers can obtain the current... (Continue reading)
I was asked by Janet Reiner to appear on her community access television show about the foreclosure crisis and I agreed. Along with me was John Wright from Piggybank Blog and I think the whole thing is worth... (Continue reading)
I think Impac has proven that it has the capability and desire to be a meaningful part of the solution to the foreclosure crisis... they successfully modified tens of thousands of loans, and in general, they got loans modified in... (Continue reading)
There is one mortgage banker that did it right for their shareholders and borrowers. They didn't take TARP funds or any sort of tax-payer funded bailout... instead they took their losses, restructured the company, and protected their shareholders... ... (Continue reading)
I wish we'd stop with the false bottoms and imaged recovery stories so we could actually concentrate on making some much needed improvements in how we're handling our economic malaise, because that's the only way we're going to see any... (Continue reading)
I know many have been wondering where I've been for the last two months from the slew of emails I've received, I thought I'd explain what I didn't want to explain at the time... and let everyone know that not... (Continue reading)
Okay, so that's GAME OVER for the State of Illinois. Ball four... take a hike... we'll see you back here in 2014 or 2015. Take some time off, you deserve it. ... (Continue reading)
We've lost more than five million homes to foreclosure since 2008, and according to all published data at the end of 2012, we've got millions more seriously delinquent or at risk... but somehow housing is defying all laws of economics... (Continue reading)
Then how in the world can we be "at the bottom," of housing price declines or starting to see ANY sort of "housing recovery" as the MORONS in the media are also reporting TODAY, after receiving your press releases?... (Continue reading)
Now, as anyone will tell you... Max Gardner knows this subject like the back of his hand, and he should... he's been at it for some 30 years... before the rest of us had any idea this sort of economic... (Continue reading)
Margery has been representing Florida homeowners since the foreclosure crisis first began in 2007, so when it comes to SCAMS... she's literally seen everything.... (Continue reading)
When all you need is a Mac, some software and a reasonably competent 15 year-old in order to create a reasonable facsimile of a U.S. Treasury bond, it could be incredibly problematic and a real opportunity to cash in for... (Continue reading)
So... even though many may still tell you that California is a non-judicial foreclosure state... they're wrong and I'm calling it now... for all intents and purposes California's future is as a judicial foreclosure state.... (Continue reading)
It's perfectly understandable that many people don't know what to believe anymore, after all, what we've seen happen all around us could drive anyone a little batty. But, understand that holding onto something that's not true isn't going to... (Continue reading)
All homeowners are "responsible" people. Or, to be more accurate, 99.9 percent of homeowners are responsible people. Some minuscule percentage of any group make up the small tail of the bell curve. The simple fact, and we... (Continue reading)
On this Mandelman Matters Podcast: Foreclosures Rising with Attorney Brian Chapman, I ask Brian to walk through two recent decisions by the North Carolina courts, one of which is now headed for the state's Supreme Court. ... (Continue reading)
Gloria Petroni is concerned that Nevada homeowners may have been lulled into a false sense of security by AB 284 and now aren't familiar with what to do when faced with having to fight for their homes in court. ... (Continue reading)
I'm just so relieved that none of this dismal economic news was caused by the respective economies being in deep recession led by unreported worsening unemployment and pretend housing market recoveries. Because if those things were the cause, why... (Continue reading)
Please take this chance to make your voice heard, and tell everyone you know whose home is underwater they should do the same. We screamed our heads off about AIG bonuses, both in the streets and in the tens... (Continue reading)
The recent decision by the state bar court now effectively prohibits the charging of fees by lawyers even AFTER services have been completed. Yes, you read that correctly... lawyers can't take advance fees, nor can they be paid after... (Continue reading)
"In Spain right now, we have nearly a million empty housing units. In this situation, the government and the economy ministry ... has to take steps so that no family in good faith goes without a home."... (Continue reading)
They call it a "mass torte," but it can also go by the name "mass joinder," or "multi-plaintif," or whatever other term d'art it might be using tomorrow, but no matter what it's called, the person calling to tell you... (Continue reading)
What everyone continues to overlook is the impact that foreclosures continue to have on new foreclosures. We've got supposed experts yammering about how we'll have some set number of foreclosures and then we'll be through this mess. But... (Continue reading)
why would Smith publish a report whose only meaningful certainty was to scare even more homeowners away from paying attention to Bank of America's borrower outreach efforts? BOA and its peers were already having a hard time reaching... (Continue reading)
Neil Barofsky is a name I'll never forget, and it won't be hard for anyone to understand why that's the case when I tell you the reason why. Neil was the Special Inspector General for the Treasury's Troubled Asset... (Continue reading)
Tom has recently discovered a practice employed by the GSE's... Fannie and Freddie. It has to do with what we're calling "The Decoy Assignment," and it's a matter of policy. He's arguing it successfully in court.... (Continue reading)
Killing this bill facilitates lying to the American people. And short of something that's kept secret in order to protect our national defense, there is never a reason we should tolerate anyone or anything that does that.... (Continue reading)
And now I'm supposed to come to terms with the idea that the administration's bored with the topic itself? I could understand it if they were bored with something they'd mastered, although I can't for the life of me... (Continue reading)
Don't have time right now? MAKE TIME RIGHT NOW. Read this and DO SOMETHING.... (Continue reading)
Your state assembly representative and state senator needs to hear from you on this issue. You should care a great deal that you have access to legal counsel should you decide you want or need it... no matter what...... (Continue reading)
Have you found your mortgage servicer to be a tad offensive at times. Well, that's to be expected, after all, they are a bill collector, right? Well, here's some news that will drive you insane... mortgage servicers are... (Continue reading)
So, have you ever wondered what Goldman Sachs CEO is saying when the cameras aren't on, own what goes on under that highly polished dome of his? Well, I sure have. ... (Continue reading)
Federal Reserve Chief Ben Bernanke communicates more than any of his predecessors, but have you found yourself increasingly wondering what in the world the man is thinking behind that shiny dome and professorial facial hair?... (Continue reading)
Jay Patterson teaches lawyers how to use the SEC Edgar database, among others, in order to find out who owns a loan. How to identify the trust a loan is in and find the Pooling and Servicing Agreement. how... (Continue reading)
For one thing, filing quiet title did work out well for Denise Saluto, and since I would never have predicted it happening in her case, I'm certainly not going to tell you it won't happen again in yours, because as... (Continue reading)
Iceland's mortgage write-down program happened as a result of thousands of its citizens taking to the streets demanding that something be done about the debts the people had incurred buying homes during the bubble at what turned out to be... (Continue reading)
AP reported that the powder in the envelopes caused evacuations at bank branches, but no injuries, as if that last part mattered in the least. Idiots appear to be happy that the powder was found to be cornstarch... as... (Continue reading)
Doesn't it just figure that in this country, where we have so much food we that throw away inconceivable amounts on an hourly basis and literally pay farmers millions of dollars not to grow stuff... that we'd have trendy intellectuals... (Continue reading)
I write to identify a policy change that would add trillions of dollars of liquidity to the housing market overnight. It would stimulate home sales, stabilize home prices, and reduce the number of home foreclosures.... (Continue reading)
Clearly, today's news from Spain shows that when it comes to protesting, Americans have lost some of our creativity and are simply not up for it as often as we once were. Frankly, many have expressed concern about... (Continue reading)
Having Nye Lavalle and Max Gardner together is a rare event. Together, they would have to be considered the founding fathers of today's foreclosure defense movement, so this is an opportunity to learn how it all began and where... (Continue reading)
Also, I'm wondering something... when you say that, "foreclosures are a necessary ingredient to the housing market's recovery," how many do you figure we're going to need in order to "recover?" ... (Continue reading)
Join me and New Jersey bankruptcy and foreclosure defense attorney, Bruce Levitt as we talk about Kemp v. Countrywide, a much anticipated New Jersey Supreme Court from 2010 that really made it clear that there were some problems with the... (Continue reading)
Why is there no effort to hold the administration and member of Congress accountable for what has clearly been their failure related to the federal government's loan modification initiative? Why are we accepting such utter failure and holding them... (Continue reading)
Heidi Cuda, a producer from Fox 11 News in Los Angeles produced a week long series on the foreclosure crisis for the Channel 11 news and asked to interview me. I didn't like Part 1, but Part 2 was... (Continue reading)