The problem has always been how to present this counterintuitive reality to a judge who is convinced that securitization of a loan DID occur even though the transaction was not in fact a loan and no sale occurred. After decades of litigating and teaching litigation, the one common theme throughout my career has been the […]

Tags: post judgment litigation, post sale litigation, securitization, surplus funds
Posted in Corruption, evidence, Fabrication of documents, Motions, Servicer |

[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form] Wall Street Transactions with Homeowners Are Not Loans * I think the biggest problem for people understanding the strategies that I have set forth on this blog is that they don’t understand the underlying principles. It simply is incomprehensible to […]

Tags: fake securitization, REMIC TRUST, securitization, US BANK
Posted in Corruption, discovery, evidence, foreclosure mill, legal standing, Modification, Motions, securities fraud |

If you are not going to follow up on complaints to your attorney general or the CFPB, then you shouldn’t have filed the complaint in the first place. If you are not going to follow up on demand for discovery, don’t bother filing them. The simple truth is that they never answer the question. They […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading, Servicer |

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 […]

Posted in Corruption, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

We now have an opportunity to attack the most absurd of the decisions on 2 grounds, to wit: The first is that the decisions are wrong based upon existing judicial doctrine, statutory law, and court precedent. The second is that the decisions are wrong because the justification for bending the law is also wrong.   […]

Tags: securitization
Posted in Corruption, foreclosure defenses, legal standing, Pleading, Servicer |

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 […]

Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, legal standing, securities fraud, Servicer |

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 […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Pleading, Servicer |

see https://www.abcactionnews.com/news/local-news/i-team-investigates/floridas-foreclosure-rate-second-highest-in-the-u-s-filings-increase-as-courts-open The Wall Street playbook calls for an insidious process of creeping up on you. Within days, in some cases, weeks in other cases and certainly within months, people are going to wake up to the fact that they are already in the middle of a foreclosure proceeding. And the new wave will be […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

see Bank of N.Y. Mellon v. Shone, 2020 Me. 122 (Me. 2020) the record keeping shortcomings of some members of a particular business sector should not drive our interpretation of a rule of evidence that applies to the records of all businesses and, more broadly, as Rule 803(6)(B) indicates, to the records of any “organization, […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, Servicer |

I have just received a slew of inquiries about what to do when the  foreclosure mill files evasive responses and objections. Here is the answer. Discovery consists of the following steps toward victory: Framing your answer, affirmative defenses and/or allegations such that you are challenging the status and ownership of the underlying debt. Draft your […]

Tags: discovery
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, Motions, Pleading, Servicer |