Category: education

TONIGHT! Why Lawyers Should Want Foreclosure Defense Cases and What They Are Missing $$$

January 21, 2021

Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays SHARE THIS POST WITH LAWYERS YOU KNOW!!! This show is devoted to convincing the lawyers who will listen that they are missing out on something very profitable and important. Representing homeowners faced with foreclosure papers can and does present an opportunity for large paydays, consistent victories in court, and playing a part in changing the trajectory of home finance in this country and around the world. In 2008 I presented a seminar that provided the essentials of

What Happened With Your "Loan" — By admitting that you received a loan you lose.

December 16, 2020

The plain truth is that homeowners are losing their cases through assymetry of information. They think they understand when they do not have a clue. They are admitting the obvious, which turns out to wholly untrue. In so doing they give the court no choice but to enter judgment aganst them. ApplicationForLoanProcessAndFundingOfServiceFees I am experimenting with new ways to present this. If you click on the above chart you will see that the application process is actually a dead end. Nobody actually agrees to lend any money. Nobody does lend money. Money arrives later at the “closing” table but unknown

Document Review for Dummies: Why homeowners and their lawyers get confused by documents proffered by foreclosure mills

November 10, 2020

It occurs to me that most questions I receive contain either an inquiry about the meaning of documents or statements as if they know the meaning of documents. So here is a short primer on reviewing documents that might help. WHAT (IF ANYTHING) IS THE TITLE OF THE DOCUMENT? While this seems to be simply a matter of reading and common sense, there is more to it than that. If I draw a rough picture of a dollar bill and hand it to you, nobody will accept it as payment for anything even if the writing on it says “United

What to Think About on Appeal From an Unfavorable Trial Court Decision

July 30, 2019

In response to the rising number of requests for us to write briefs or narrations for briefs I submit this article which is my recent response to such a request. Here is an uncomfortable fact: most appeals arise because of mistakes made by the litigant in trial court, not the judge. All appeals MUST be based upon what did happen in the trial court not what should have happened. ======================================= GET FREE HELP: Just click here and submit the confidential, free, no obligation, private REGISTRATION FORM. The key to victory lies in understanding your own case. Let us help you plan

Beware of Magic Bullets

March 19, 2019

Departing from my usual format, there are a few things I want to say to people who are looking for relief from foreclosure and are hearing what they want to hear. ONLY A COURT ORDER CAN STOP A FORECLOSURE. THERE ARE NO EXCEPTIONS YOU CAN’T GET A COURT ORDER UNLESS YOU FOLLOW THE RULES AND THE LAW. NOBODY HAS EVER OBTAINED SUCH AN ORDER WITHOUT A PROLONGED COURT BATTLE. If someone tells you “just do this” they are partially or entirely wrong or worse. Like everything life is complicated and that includes litigation. Any thought you are entertaining that you

Jesinoski Revisited. Rescission is in the details.

January 23, 2018

It continues to be true that the statute is clear, the rules of procedure are clear, and the rules of evidence are clear — yet trial courts are adamantly opposed to allowing homeowners to use the power granted to them by Congress. The second ultimate decision by the trial court that Jesinoski had to tender the money to Countrywide before the rescission could be effective is just as wrong as the same court’s prior decision that the rescission would not be effective — a decision that was unanimously overturned by SCOTUS. It put a condition on the effectiveness of rescission

Deed Theft Scams: Why Not Prosecute the Banks Too?

April 24, 2017

It is supreme irony that individual scam artists are being prosecuted for false representations and deed theft — while the the institutional scam artists on Wall Street did the same thing raking in trillions of dollars, without a whiff of criminal prosecution. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- see http://www.foxnews.com/us/2017/04/22/scams-push-foreclosure-fraud-to-limit-taking-victims-homes.html What the fraudster did in this case was reprehensible and criminal. Any person who does this deserves jail. So beware of anyone who suggests

People Who Were Wrong Are the Winners — SO FAR

May 27, 2014

First of all I don’t think Geithner caused the financial crisis. He certainly contributed to it but it probably would have happened even if he had not undercut Sheila Bair at every opportunity; and yes he should have listened to other people who were saying that the corruption on Wall Street had reached epic proportions. Second, I think that neither Geithner nor his predecessor, Hank Paulson, as Treasury secretaries, had a real understanding of the crisis at any time up through today. And their bosses, Presidents Bush and Obama were even more clueless. And while they are probably culpable for

The Big Cover-Up in Our Credit Nation

May 5, 2014

Regulators have confirmed that there were widespread errors by banks but that the errors didn’t really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn’t have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance alleged to be due could be confirmed in any way, after deducting third party payments received by the foreclosing party. Every lawyer who spends their time doing foreclosure litigation knows that report is dead wrong. So the government is actively assisting the banks is covering

Here it is: Nonjudicial Foreclosure Violates Due Process in Complex Structured Finance Transactions

February 21, 2014

No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority to foreclosure should be sufficient to force the case into a courtroom where the parties are realigned with the so-called new beneficiary is the Plaintiff and the homeowner is the Defendant — since it is the “beneficiary” who is seeking affirmative relief. But the way

The most important thing about cross examination in foreclosure cases

February 17, 2014

Whether it is on voir dire, which is a limited examination before the witness testifies to determine the legal competency of the witness, or on actual cross examination, the object is to bring out facts that are helpful in making your case or defending your position. When I teach cross examination, I refer to the triad — three things you must do in order to reach your goal. The three things are first to have a simple question with a goal in mind. Second to listen to the answer. Third, is the follow up, because you knew the probable answer

Student Loans Are The Next Major Crack in Our Finance

April 9, 2012

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Disclosure to Student Borrowers: www.nytimes.com/2012/04/08/opinion/sunday/disclosure-to-student-borrowers.html?_r=1&ref=todayspaper Editor’s Comment: “We have created a world of finance in which it is more lucrative to lose money and get paid by the government, than to make money and contribute to society. In the Soviet Union the government ostensibly owned everything; in America the government is a vehicle for the banks to own everything.”—Neil F Garfield LivingLies.me While the story below is far too kind to both Dimon and JPMorgan, it hits the bulls-eye on the current trends. And if we

Countrywide settlement pays fraction to investors – Shell Game Continues

August 16, 2010

EDITOR’S NOTE: The shell game continues. While the media picks up stories about “settlements” giving rise to the presumption that Countrywide Home Loans and Bank of America and the rest of the securitization players committed various violations of statutes, duties, rules and regulations, the main point gets lost. Where is this money going and WHY? What is the tacit or express admission in paying that money and what effect does it have on the average homeowner sitting with a loan whose obligation is being paid in these settlements? Think about it. If Bank of America, which now owns Countrywide, is

Foreclosure Prevention 1.1

April 22, 2010

Nobody ever thought that returning a lady’s purse to her after a purse snatcher ran away with it was a gift. So why is anyone contesting returning the purse to homeowners who had their lives snatched from them? The baby steps of the Obama administration are frustrating. Larry Summers, Tim Geithner and those who walk with Wall Street are using ideology and assumptions instead of reality and facts. First they started with the idea of modifications. That would do it. Just change the terms a little, have the homeowner release rights and defenses to what was a completely fraudulent and

BAC assigned a note in 2010 that they sold in 2003

March 25, 2010

Editor’s Note: Recontrust appears to be wholly owned by Bank of America. This particular deal looks like a “reconstituted” mortgage backed security comprised of new securities which are “backed” by old mortgage backed securities which in turn are backed by a list of “loans” which may or may not exist, and which certainly have at least in part been paid in whole or in part through insurance, credit default swaps and federal bailout. From the comment Section of the Blog: ReconTrust filed a NOD on behalf of BAC “servicer” for GRS Mort. Trust 2003-9, seven days later filed an assignment

Cuomo Spotted Appraisal Fraud as Core Problem in 2007

May 1, 2009

WaMu faulted on home loans Colluded to inflate property values, N.Y. attorney general says By AUBREY COHEN AND BILL VIRGIN P-I REPORTERS New York’s attorney general has accused Washington Mutual Inc. of pressuring a real estate appraisal company to deliver inflated home values in order to justify making loans, a practice that some appraisers have complained of increasingly in recent years. The suit filed Thursday in a New York court by Attorney General Andrew Cuomo doesn’t name Seattle-based WaMu as a defendant. Instead, it charges First American Corp. and its eAppraiseIT subsidiary of engaging in “deceptive, fraudulent and illegal business

"System is Broken" — there is no clear title and no clear answers, which is why most foreclosure actions should fail or be reversed

January 28, 2009

Mortgage market clouds who owns woman’s house Submitted by Jose Semedey — Thank You By CARRIE TEEGARDIN The Atlanta Journal-Constitution Sunday, January 25, 2009 Twenty years ago, Zella Mae Green bought a modest brick ranch house in DeKalb County with an American ideal in mind. The single mother of four, who raised her children working low-wage jobs, wanted to own something someday. And she wanted to pass something on. “I was thinking that if anything would ever happen to me, the children would have a place they could come and stay,” said Green, a seamstress who is 68. “Their father

MERS MEMBERSHIP INFORMATION Reveals Index to Securitization and Investors: Allegation that MERS is authorized or even nominal beneficiary is false

January 27, 2009

Sample Link: validatembrsearch.jsp?as_mbrsearch=1006937 mers-membership milestoneplus Sample Response Record: Corporate Name: West Coast Servicing, Inc. Address: 17011 Beach Blvd., #300 City,State,Zip: Huntington Beach, CA 92647 Toll Free Number: (866) 574-2001 Direct Number: (714) 596-6333 Fax Number: (714) 596-6333 Primary Contact: Cameron Clayton Website: http://www.wcrsi.com Member Org ID: 1006937 Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian eRegistry Participant: No eDelivery Participant: No #1 Lending LLC 1 Wave Mortgage, LLC 123 Mortgage LLC 1-800-East-West Mortgage Co., Inc. 1952 LLC dba First Mortgage America 1G & Associates International Inc. 1Priceloan.com, LLC 1st 2nd Mortgage Co. of NJ, Inc. 1st Alliance Lending, LLC

Appraisal Fraud and Industry Standards Described in 2003 Official White Paper-RED FLAGS DESCRIBED IN DETAIL WITH EXCELLENT DIAGRAMS EXPLANATIONS AND DESCRIPTIONS OF BEST PRACTICES

January 9, 2009

loan_origination_mortgage_fraud_ffiec loan_origination_mortgage_fraud_prevention_response_nelson Red Flags • Critical loan processing activities, such as verification of income, employment, or deposit, is delegated to brokers. • Delegated underwriting allowed for correspondents that are new or lack an established track record with the FI. • A growing number of loans is being repurchased due to misrepresentations by the FI under purchase and sale agreements with secondary market investors. The originating FI may suffer significant financial losses in the event of a large and unforeseen fraud. • Third party mortgage loan fraud is not covered in standard fidelity bond insurance. • Tax returns show RE taxes

EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES

January 8, 2009

LOOK CAREFULLY AT EXHIBITS CONTAINING MERS ADVERTISING TO LENDERS LOOKING TO TRANSFER NOTES AND MORTGAGES see mers-membership-information-reveals-index-to-securitization-and-investors-allegation-that-mers-is-authorized-or-even-nominal-beneficiary-is-false washington-state-buse-vs-first-american-title-greenpoint-rescomm-mers-amended-complaint-well-written-look-carefully-at-exhibits-containing-mers-advertising-to-lenders-looking-to-tra mers-explained-by-aurora-lawyers exhibits-motion-and-temp-restraining-order-granted From the attached amended complaint. That Deed of Trust (“DOT”) contained a false representation on its face when it represented that Defendant MERS was a beneficiary under the DOT. Paragraph (E) States that “MERS is a separate corporation that is acting solely as a Nominee for Lender and Lender’s successors and assigns. MERS is the beneficiary under this Security Instrument.” As will be demonstrated below, MERS is NOT the beneficiary under the DOT, it never had ownership or possession of

KISS – Keep It Simple Stupid: Why Brad Conducts Part of the Workshops

January 7, 2009

See also provident-bank-v-silverman-super-duper-explanation-of-ucc-transferres-holders-and-holders-in-due-course-and-perfecting-title-to-note-or-mortgage KISS – Keep It Simple Stupid Totaled Cars and Totaled Mortgages – Credit Default Swaps – CDS – 101 By Brad Keiser OK this article is for those newer readers and tenured Livinglies devotees as well as those who have attended Al Pacino’s(oops I mean Neil Garfield’s ) workshops and are not quite yet fluent in Garfieldeese or Wall Street Pig Latin. You have heard him rant about derivative securities, credit default swaps, insurance products and co-obligors, etc….and why/how they come into play with the securitization process with respect to the argument that the party bringing the

Would You Pay $103,000 for This Arizona Fixer-Upper? — Appraisal Fraud, Predatory Loan, Securitization in its "finest" moment

January 4, 2009

Would You Pay $103,000 for This Arizona Fixer-Upper? That Was Ms. Halterman’s Mortgage on It; ‘Unfit for Human Occupancy,’ City Says By MICHAEL M. PHILLIPS AVONDALE, Ariz. — The little blue house rests on a few pieces of wood and concrete block. The exterior walls, ravaged by dry rot, bend to the touch. At some point, someone jabbed a kitchen knife into the siding. The condemnation notice stapled to the wall says: “Unfit for human occupancy.” View Slideshow Michael Phillips/The Wall Street Journal See photos of Ms. Halterman’s former house. The story of the two-bedroom, one-bath shack on West Hopi

Motions for Summary Judgment: Just the Facts Ma'am

December 30, 2008

Question: Mr. Garfield, you have just answered another question. The Plaintiff just filed for a “summary judgment” on the grounds of this matter supposedly not being contested. I sent them back a motion of opposition with affidavits and the court’s docket contradicting their allegation. The motion is set for a hearing on January 6th which I also requested continuance along with an affidavit, declaration and a memo of points. I also sent the judge a proposed order for continuance which I still have not received whether granted or not. But I was looking at the Docket again and I noticed

Resources: Trade Periodicals and Research – Use of Professional Information Sources

December 24, 2008

Use of Professional Information Sources Bank Systems & Technology American Banker Community Banker Factiva Independent Banker Bank Technology News Banking Strategies Wall Street Journal/WSJ Online Law firm/consultant/association-provided newsletters ABA Banking Journal NewsEdge US Banker Lexis/Nexis Local associations publications Internally provided news feed Other; please specify — post on comments page