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Tonight! Is it time to sue Black Knight? 6PM EDT 3PM PDT The Neil Garfield Show

3 Comments / boarding process, BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, forensic investigation, jurisdiction, legal standing, Pleading, Presumptions, prima facie case, Servicer, sham transactions, standing / By

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will discuss the curious case of blatant economic fraud on the entire country by investment banks. They figured out how to eliminate the risk of loss on lending, how not to …

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How to Fight Those "Declarations" from False Claimants in Foreclosures

4 Comments / boarding process, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, investment banking, jurisdiction, legal standing, Pleading, Presumptions, prima facie case, Servicer / By

The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records  of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of …

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Ocwen Boarding Process Was Shot Down Last Year

6 Comments / boarding process, foreclosure, hearsay, legal standing, standing / By

As foreclosure defense lawyers have been saying for years, the Ocwen Boarding process is a sham. “This boarding process is a legal fiction, and it means something different to every entity,” Butchko ruled from the bench during a March 17 hearing. Ocwen does not verify any of the data. It downloads it and then “calls it …

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STANDING: Fla. 4th DCA Rules PSA Hearsay and Therefore Not Admissible — Case Dismissed

6 Comments / foreclosure / By

The Pooling and Servicing Agreement MIGHT be self-authenticating under F.S. 90.902 but still inadmissible as hearsay. Thus the PSA is NOT a substitute for evidence of an actual transfer of the loan to a purported REMIC trust. PLUS: PRESUMPTION OF STANDING DOES NOT APPLY IF THE NOTE AT TRIAL IS DIFFERENT FROM THE NOTE ATTACHED …

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A Document labeled "Assignment of Mortgage" Does Not Prove the Sale of the "Loan"

15 Comments / foreclosure / By

Too many lawyers and pro se litigants look at the title to a document and don’t know what else to do with it. They accept as true that a document is what is stated. That is one of the many trapdoors the banks have laid for us. Listen to the Last Neil Garfield Show at http://tobtr.com/s/9673161 …

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Hunter vs Aurora: Fla 1st DCA Business Records Gets Tougher

3 Comments / foreclosure / By

Show me any other period in American history where banks lost so many cases. Schedule A Consult Now! https://www.vcita.com/v/lendinglies to schedule, leave message or make payments.  ================ THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- see http://caselaw.findlaw.com/fl-district-court-of-appeal/1664754.html The heat on the banks has …

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Another Sham: The Sudden Rise of Powers of Attorney in Foreclosure Cases

18 Comments / foreclosure / By

The entire foreclosure mess has been predicated upon one huge false premise — that by fabricating reams of paper, each one tied to the other or apparently tied to others, rights are suddenly created where none existed. This has never been the law but it suddenly has become the underpinning of most decisions in favor …

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Tackling the Business Records of the Servicers

24 Comments / foreclosure / By

FORENSIC ANALYSTS AND CPA’S ============================================= WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583  Our services consist …

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Hearsay: Those "Business Records" Are Not Really Admissible Into Evidence

25 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 ================================ It is no surprise that the Banks are attempting to use business records instead of live testimony from witnesses with personal knowledge. That testimony might be laced with perjury exposure for both the witness and the attorney who is the proponent of the witness. So they …

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SPS and the Chase Servicer Shell Game

7 Comments / AMGAR, Corruption, discovery, evidence / By

For further information please call 954-495-9867 or 520 405-1688 —————————————- Many Judges have expressed their concern about the constant movement of servicers and trustees. They are asking why the servicer keeps changing and why the trustees are changing. And now they are asking for legal argument why the substitution of the only named Plaintiff is …

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Using the Best Evidence Rule As You Follow the Money

8 Comments / AMGAR, Corruption, discovery, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, Modification, Mortgage, Pleading, Servicer, Statutes / By

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure …

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Hearsay on Hearsay: Bank Professional Witnesses Using Business Records Exception as Shield from Truth

47 Comments / CASES, Corruption, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, originator, Pleading, securities fraud, Servicer, Statutes, Title, Trust Beneficiaries, trustee / By

Wells Fargo Manual “Blueprint for Fraud” Hat tip to my law partner, Danielle Kelley, Esq., for sending me the manual and the reports on it. Anyone desirous of a consultation on the application of what is on this blog, must either be a lawyer or have a lawyer who is licensed in the jurisdiction in …

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New Mexico Supreme Court Wipes Out Bank of New York

50 Comments / CASES, Corruption, escrow agent, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, Pleading, securities fraud, Servicer, Statutes, Student Loans, Trust Beneficiaries, trustee / By

bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be …

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The most important thing about cross examination in foreclosure cases

5 Comments / Corruption, education, evidence, expert witness, foreclosure, foreclosure defenses, GARFIELD KELLEY AND WHITE, GTC | Honor, Motions, Pleading, Servicer, trustee / By

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 …

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Trial Objections in Foreclosures

12 Comments / evidence, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, Modification, Mortgage, Pleading, trustee / By

  NOTE: This post is for attorneys only. Pro se litigants even if they are highly sophisticated are not likely to be able to apply the content of this article without knowledge and experience in trial law. Nothing in this article should be construed as an acceptable substitute for consultation with a licensed knowledgeable trial …

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Hearsay Practice Hints: Meeting Intimidation with Facts

27 Comments / Corruption, evidence, foreclosure, foreclosure mill, GARFIELD GWALTNEY KELLEY AND WHITE, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer / By

I went to a hearing yesterday on the Bank’s Motion for Summary Judgment. The Motion had the usual deficiencies and the affidavit was, as usual, worthless because the witness failed to state any basis for personal knowledge. The attachments to the motion were absent. The Bank avoided the allegation that it ever made a loan …

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Matt Weidner Shows Lawyers How to Do Good Lawyering

31 Comments / CDO, Corruption, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

The difference between Weidner and many other attorneys is that he goes into a case believing he can win it — and he’s right. Other attorneys believe their position is hopeless and seek only delays or modification — and they are wrong. Weidner has resisted the knee jerk reaction to these cases to believe that …

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Fla 4th DCA Provides Short Lesson on Business Records Exception to Hearsay Rule

69 Comments / CDO, Corruption, Eviction, foreclosure, GTC | Honor, Investor, Mortgage / By

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer …

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Nardi Deposition Reveals All about JPM-WAMU Slick Transactions

11 Comments / CDO, Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

NOTE IF ANYTHING, THIS DEPOSITION PROVES THE NEED FOR AN EXPERT FORENSIC COMPUTER ANALYST TO ASSIST IN DISCOVERY AND PERHAPS EVEN PLEADING. THAT IS WHY MY LAW FIRMS AND OTHERS ARE CREATING ALLIANCES WITH LAWYERS WHO HAVE EXPERIENCE IN BOTH THE PRACTICE OF LAW, LITIGATION AND DETAILED KNOWLEDGE ABOUT WHAT TO LOOK FOR, HOW TO …

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Keystone Fraud by Banks: Business Records Exception to Hearsay Rule

48 Comments / Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

Practice Note: Hearsay is not evidence and should not be used as the basis for any conclusion of facts that would support any conclusion of law. While the banks are extremely vulnerable to having all testimony and documents barred by the hearsay rule, this is ONLY true if the proper objection is made at the …

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