see no-silver-bullet The reason lawyers should attend the forensics workshop is not so they can do forensic analysis (although they certainly would be in a better position to do so), but rather because they need to know what to do with the information once they get a report of results from a forensic review and …
Doesn’t anyone see that if “financial services” accounts for 40% of our GDP that it means we are kidding ourselves? THAT only means we are trading from the left pocket into the right pocket into the back pocket and around again — and counting it as GDP. Our real GDP is far lower than anything …
You must remember the judiciary moves slowly is assimilating new facts or patterns in the marketplace. In order to break through a Judge’s preconception of the mortgage origination process, you need to have something that is clear in is presentation of facts, and obvious in its impact. The reasons for having analysis performed by an …
See 2D08-3553 Fla 2d DCA BAC v Ginelle Jean-Jacques This is the reason why I am offering the workshop on Expert Witnesses, i.e. — to highlight the rules of evidence, to coach those who would present opinions as evidence and to hone the skills of the litigator. While apparently narrow in its scope and reasoning, …
Florida 2d DCA Gets It — Rules of Evidence Prevail! Read More »
The mistake I detect from those who are not faring well in court is the attempt to treat preliminary motions and hearings as opportunities to prove your entire case. Don’t talk about conspiracy and theft, talk about evidence and discovery. every debtor is entitled to know the identity of the creditor, the full accounting for …
Taxing Wall Street Down to Size: Litigation Guidelines Read More »
In virtually all cases you will not find a person with any relationship to the creditor, investor, or pool. This is because servicers, trustees and other firms in the securitization chain are proceeding on their own initiating foreclosures without instructions, knowledge or any documentation from the creditor, investor or pool. Editor’s Note: Greyhawk is of …
all we have left is the obligation, unsecured and subject to counterclaims etc. MOST IMPORTANT procedurally, it requires a lawsuit by the would-be forecloser in order to establish the terms of the obligation and the security, if any. This means they must make allegations as to ownership of the receivable and prove it — the …
Also submitted by: mortgagefrauds@aol.com Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in …
Foreclosure Defense: New York Judge Gets It HSBC v Valentin N.Y. Sup., 2008 Read More »
The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to …
Foundation of "Lost" Document — Wigmore on Evidence Read More »
I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER “ABOUT NEIL GARFIELD” AND ELSEWHERE AS POSTED BY MARIO KENNY. HE’S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY …
FORECLOSURE DEFENSE: EVIDENCE — Knowing the Rules Read More »
