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 |

All trusts that are legally recognized as such have the following basic components: the trustor/settlor who (a) executes a written trust agreement and (b) conveys property into the name of the named trustee to hold and manage the conveyed asset(s) for the benefit of named beneficiaries. So the three basic components are (1) property (the […]

Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, Servicer |

Summer Chic write me an interesting email and I wrote back. She poses a question that summarizes the entire situation: She wrote: Example: PennyMac claimed that they PURCHASED my loan on May 2, 2019  from someone whom they cannot identify. The financial statements from a non-identified company show that somebody “established a NEW loan” on […]

Tags: Pennymac
Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, Servicer |

The danger is in the labels. I have some devoted followers and readers who have been great contributors — doing research on the real action and dynamics between the homeowner on the one hand and all the intermediaries and people of interest on the other hand. One of the things recently raised was the discovery […]

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

What To Know About The Hidden Architecture of Foreclosure Insights into VendorScape, Subservicers, and the Illusion of “Clients” from a Foreclosure Defense Attorney Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney in your jurisdiction before acting on anything contained herein. Hat tip to Summer Chione. […]

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

CoreLogic’s Admission to the CFPB In response to a Consumer Financial Protection Bureau (CFPB) complaint, CoreLogic made startling admissions about its role in U.S. foreclosures. CoreLogic confirmed that VendorScape exists, despite attempts to obscure its use. VendorScape is described as an “electronic case management system,” but in practice, it operates as the central hub for […]

Tags: Black Knight, CFPB Complaint, CoreLogic, Hearsay on hearsay, motion to strike exhibits, motion to strike testimony, Ocwen, timely objections, VendorScape
Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, securities fraud, Servicer |

Securitization of data that is mischaracterized as securitization of debt has enabled the securities firms to write off the loan concurrently with funding it I believe there is a very strong case for applying antitrust legislation against the big winners in the securitization game because they could and did apply multiple incentives to borrowers to […]

Posted in bubble, Corruption, expert witness, Fabrication of documents, foreclosure defenses, Pleading, securities fraud, Servicer |

Modifications are tricky. They are trickier than you think. First of all the offer is made by a company who has no right to act as “servicer” or to change the terms of your contract. By changing the apparent lender or creditor to the named servicer, the agreement is probably tricking you into accepting a […]

Tags: "modification" agreement, delinquency, hardship
Posted in Corruption, discovery, legal standing, Modification, Motions, Servicer |

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 […]

Tags: abusive servicing, Black Kngiht, business records exception to hearsay rule, evdience, fraud, hearsay, Servicing
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |