Category: Eviction

Emergency Motions to Stop a Foreclosure Sale

July 16, 2026

A Homeowner’s Guide to Immediate Court Relief Few events create more fear than receiving notice that your home will soon be sold at foreclosure. For many homeowners, the first reaction is panic. Phone calls are made. Modification applications are rushed to the servicer. Internet searches begin late into the night looking for one simple answer: “How do I stop the foreclosure sale?” The answer depends on the facts of your case, but one thing is certain. The legal system provides several emergency procedures that may allow a court to stop or postpone a foreclosure sale while important legal issues are

Preliminary Injunction in Foreclosure Cases

July 14, 2026

How to stop a Foreclosure sale For many homeowners, obtaining a Temporary Restraining Order (TRO) feels like crossing the finish line. The foreclosure sale has been stopped. The immediate crisis has passed. Everyone can finally breathe. Unfortunately, that is usually only the beginning. A TRO is designed to preserve the status quo for a very short period of time. It gives the court an opportunity to examine the legal issues before irreversible harm occurs by stopping the sale. But unless additional relief is granted, the foreclosure process may simply resume once the TRO expires. That is where a Preliminary Injunction

TRO in Foreclosure: Emergency Court Orders Can Stop a Sale

June 23, 2026

One of the most common statements heard from homeowners facing foreclosure is: “I wish I had acted sooner.” Unfortunately, many homeowners do not realize how quickly foreclosure timelines can move until a sale date has already been scheduled. The notices arrive. The servicer refuses to answer meaningful questions. The foreclosure attorneys continue moving forward. And suddenly the homeowner is staring at a trustee sale date that may be only days away. At that moment, many people assume there is nothing left to do. That assumption is often incorrect. In many situations, courts possess the authority to temporarily stop a foreclosure

Understanding Unlawful Detainer Stays of Execution Due to Hardship Under CCP §918 in California

December 19, 2024

When a homeowner faces an unlawful detainer (eviction) judgment in California, the immediate concern is often: “How can I delay the sheriff’s lockout and gain more time?” The California Code of Civil Procedure (CCP) §918 provides a potential lifeline for individuals who are dealing with extreme financial or personal hardships. However, like most legal tools, it’s effective only when used properly. Let’s break down what this code means, how it works, and what you need to know if you’re facing eviction. What Is CCP §918? CCP §918 allows a court to temporarily delay the execution of a judgment—in this case,

WELCOME TO LIVINGLIES — Since 2007

January 28, 2022

KEEP YOUR HOME!!! – Over 17,000,000 Visitors Most of the claims that use “securitization” as a foundation are FALSE!! That means they have no right to administer, collect or enforce any debt, note, mortgage or deed of trust. And THAT means you can successfully challenge foreclosures AND pursue damages against those who make false claims. SUBMIT FREE REGISTRATION STATEMENT WITHOUT OBLIGATION ************************** Listen to The Neil Garfield Show or prior episodes ******************************* About Living lies Contact Information: Phone: 844.478.6774 Email: lance@livinglies.me PRO BONO SERVICES include online chats, comments, and suggestions on the registration form, The Neil Garfield Show, PAID

Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence

December 28, 2021

The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled “Spoliation of Evidence and Non-party witnesses.” The author is Gary M Glassman, who is the attorney for Daytona Beach. The major points of the article that I think are relevant to Foreclosure Defense litigation are that (A) spoliation has a very broad meaning and (B) the refusal to produce documents that are relevant to the case at Bar raises an inference in favor of the homeowner, and might even give rise to a cause of action for damages. Foreclosure lawyers have long relied

Homeowner's Dilemma and Pro Se Nightmare: Wanting the system to change is not the way to win a case

January 6, 2021

Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete evidence that there is, in fact, a loan receivable entry on the accounting ledgers of the claimant and that it got there by virtue of a real-world transaction in which value was paid for the underlying obligation. Unfortunately, as we all know, all perjury and fraud upon the court is illegal but always allowed unless it is challenged in a timely and proper way. We need

Why You Need to Understand the Truth and How to Use It to Successfully Defend Foreclosure Cases

November 20, 2020

Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud. You don’t need to believe me. You don’t need proof that what I am saying is true. You have every right in every court to file demands for discovery relating to the existence and ownership of the debt. Ask any lawyer or any judge. They will affirm this to be true. And ask any accountant. The debt exists only if someone maintains a current ledger entry on their own books of record that shows they paid value for the underlying obligation, along with having supporting documentation (proof of payment).

The elephant in the living room: Is the "free house" a windfall or simply just compensation for being drafted into a concealed securities scheme?

November 11, 2020

SHOW ME THE LEDGER! NO, NOT THE ONE FROM THE SELF PROCLAIMED SERVICER. SHOW ME THE ONE FROM THE COMPANY CLAIMING THEY PAID VALUE FOR THE DEBT. I have been beating around the bush too long. In my opinion, rejection of a claim for foreclosure from securitization players is not the equivalent of any windfall for any homeowner. It is merely an acknowledgment of payment for services rendered by the homeowner. The reverse is true: allowing foreclosure to securitization players results in a windfall payment to those players without any corresponding reduction of any “loan” account receivable. If you send

Hawaii Supreme Court: Bond on Appeal Should be Based Upon Evidence of Potential Loss Pending Appeal, Not the Value of the Property.

July 6, 2020

Many thanks again to Attorney Gary Dubin for bringing this to my attention. == The current hodgepodge of decisions that I have always maintained were merely vehicles to discourage appeals is taken to task in this well-reasoned decision. In Hawaii the rule is now no bond pending appeal or low bond pending appeal. The Hawaii Supreme Court has merely applied principales that are already stated in all US jurisdictions and applied it to limit the discretion of the trial court or even an appellate court to set an arbitrary amount to stay the effect of an adverse judgement. But this

How to Use the Business Records Exception to Hearsay Rule to Keep Out "Servicer" Records in Foreclosure Cases

July 2, 2020

Fundamentally you must understand that the investment banks want you and everyone else to look only at the payments history — not the debt, who owns it and whether anyone suffered a loss resulting from any lack of payment by the homeowner. * Their strategy is to get the court to presume that in the absence of payments someone must have suffered a financial loss since the debt was clearly established in a transaction in which the homeowner received money and issued a note and mortgage. In the present securitization era that paradigm is wholly untrue but not obvious because the banks

How to Use the Real Deal On Securitization to Homeowner's Advantage

June 15, 2020

Like citizenship in this country litigation is not easy. We keep banging our heads against the same wall expecting a different result. We need a strategy that directly addresses the inescapable realities of every homeowner transaction and every securitization cycle. My substantive analysis of the transaction is that the homeowner was drafted into a securitization scheme which in my opinion clearly triggers quasi contract and quantum meruit — the only possibility for inquiring into the adequacy of consideration. Lawyers and litigants have shied away from this because of its complexity and because they don’t know how to approach it. * In simple

Moratoriums Extended: That Doesn't Mean You Won't Be Out On the Street Or Living With Relatives

June 9, 2020

Governor Ron DeSantis (R) Florida, issued a new order extending the moratoriums on foreclosures and evictions. * The investment banks on Wall Street like this turn of events because they no longer need to lie orally to homeowners in order to get them to fall behind in payments. Their goal is foreclosure and eviction mostly except for abandoned properties after foreclosure which are called Zombie properties. * Practically everyone who has had an issue with mortgage payments has heard the familiar refrain: “you don’t qualify for a modification because you are not delinquent in your payments. You must be at

The Best Article Yet on Illegal and Immoral Practices by Investment Banks Making False Claims About "Securitization of Debt" by Francesca Mari on Aaron Glantz Book "Homewreckers"

June 8, 2020

Francesca Mari in the JUNE 11, 2020 ISSUE of The New York Review of Books, has written a truly excellent piece on a book called “Homewreckers” by Aaron Glantz. If you ever had any doubt about whether homeowners have the moral high ground and whether the investment bankers have no moral or legal grounds for what they did, you should read the article and buy the book. ( I get nothing from sales of the book and I have not met either author — although I will contact them for interviews on my show). The only point that I think

Magic Bullet? Maybe this: the foreclosure "team" are all witnesses, not claimants

April 15, 2020

The fact that the foreclosure players know — or even witnessed — the fact that you refused to make any further payments makes them a witness, not a claimant. * The investment banks say they are not liable as lenders for noncompliance with lending laws. OK. A good lawyer can make a powerful argument for estoppel — the investment banks cannot take one position — that it wasn’t a loan in terms of regulation of lenders — and then that it is a loan so they can foreclose without a creditor. * Two wrongs don’t make something right. The fact

Tonight! Don't stop fighting or thinking about tomorrow! 3pm PDT 6PM EDT

April 9, 2020

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays The 2008 crash may seem like 12 years ago. Yet the conditions persist – victimizing both homeowners and investors. Homeowners still have no frame of reference or education as to how they could receive a loan without anyone owning the debt and why anyone would be party to such a transaction. Arguably investors by this point should know better. The problem is money — stockbrokers get to call themselves investment banks and courtesy of the 2008

Dancing with ghosts. The banks have no shame in contradicting themselves

November 12, 2019

The bottom line is that foreclosures are all about collecting on unpaid debt. The only party who can initiate foreclosure proceedings that will force the sale of title to the home and then forcibly dispossess the homeowner is a party who owns the debt, is injured by nonpayment and who receives the proceeds of foreclosure as restitution for an unpaid debt. In a pending case the attorneys for the “bank” argue that ownership of the debt is irrelevant. ===================================== GET FREE HELP: Just click here and submit the confidential, free, no obligation, private REGISTRATION FORM. The key to victory lies in

California Decision for Borrower Post Sale in Eviction Proceeding

July 19, 2019

BIG HAT TIP TO STEPHEN LOPEZ, ESQUIRE FOR THIS SAN DIEGO WIN!! This is the latest of a string of decisions from trial judges who took the time to carefully analyze the law and then facts. In this case the issue was whether the Plaintiff in a lawsuit for Unlawful Detainer could be awarded Summary Judgment simply because the sale had been recorded. This decision, following the law in all jurisdictions, says that recording the sale is interesting but not dispositive. If the actual sale was void because ti was conducted in favor of a party who was not a

If you think foreclosures are a thing of the past, think again

March 29, 2019

In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments. The legacy of the mortgage meltdown and the brainless government policies that let the banks get away with what they had done, is that the crime not only continues but is being repeated with each new claimed securitization or “resecuritization” of residential loans. As I predicted in 2006, the tidal wave of foreclosures was in fact unprecedented, underestimated and continues to this day. With a

What is the effect of TILA Rescission on My title? Can I sue for damages?

August 6, 2018

I have been getting the same questions from multiple attorneys and homeowners. One of them is preparing a brief to the U.S. Supreme Court on rescission, but is wondering, as things stand whether she has any right to sue for damages. When our team prepares a complaint or other pleading for a lawyer or homeowner we concentrate on the elements of what needs to be present and the logic of what we are presenting. It must be very compelling or the judge will regard it as just another attempt to get out of justly due debt. Let us help you

Punitive Damages for Violations of Automatic Stay in Bankruptcy §362

June 20, 2018

Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” in bankruptcy schedules and orders that lead to a false conclusion of fact. Where a pretender lender ignores the automatic stay Bankruptcy judges are and should be very harsh in their penalty. The stay is the bulwark of consumer protection under bankruptcy proceedings which are

How Do We Know That the Name of the Trustee was Rented?

June 18, 2018

The practice of paying a fee to a “service provider” to conceal the real nature of a transaction and the real parties in interest has been at the center of all Wall Street schemes that are at variance from conventional loan products. Virtually all parties who appear in the chain of title or possession in securitization schemes are parties who rent their name to lend credence to the illusion of the loan transaction, loan transfers and foreclosures. The truth is simply that the debt is never purchased and sold in such circumstances. But paper is created to create the illusion

Impact of Serial Asset Sales on Investors and Borrowers

June 7, 2018

The real parties in interest are trying to make money, not recover it. The Wilmington Trust case illustrates why borrower defenses and investor claims are closely aligned and raises some interesting questions. The big question is what do you do with an empty box at the bottom of an organizational chart or worse an empty box existing off the organizational chart and off balance sheet? At the base of this is one simple notion. The creation and execution of articles of incorporation does not create the corporation until they are submitted to a regulatory authority that in turn can vouch

Breaking it Down: What to Say and Do in an Unlawful Detainer or Eviction

December 21, 2017

Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, as usual, is well-timed aggressive objections mostly based upon foundation and hearsay, together with a cross examination that really drills down. Winning an unlawful detainer action in a nonjudicial foreclosure reveals the open sores contained within the false claims of securitization or transfer. NEED HELP