if the investment bank paid the homeowner as an incentive payment rather than as a loan, then there is no debt any more than salary or wages can later be called a loan. The fact that the consumer/homeowner thought or even wished it were otherwise makes no diffeerence. If I pay you money and you […]

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

The idea that some company bearing the label of “servicer” is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end. Such companies do nothing and were never intended to do anything except act as a buffer, in name only, to prevent liability attaching […]

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

It’s not the job of courts to save litigants from their own admissions.  Here is a simple rule: if you admit the existence of the loan account receivable and you admit the rights of the servicer and the currently named claimant, you have no viable basis to challenge standing or enforceability. “Yes, but” doesn’t count […]

Posted in discovery, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers.  Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] […]

Tags: equitable defenses to foreclosure, reformation, rescission, unilateral mistake
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |

It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so — nor is it true that PHH has any right to receive any money, whether it is a monthly payment or a payoff. In fact it is not true that […]

Tags: Ocwen, PHH, Reverse Mortgage Solutions
Posted in Corruption, discovery, Fabrication of documents, foreclosure mill, legal standing, Servicer |

LEARN HOW TO FIGHT WITH HONOR AND WIN! After some reflection, legal research and analysis I have come to the conclusion that a very good way for homeowners to put tracks in the sand that they can use later with success is to use the following protocol — subject to the opinion of local counsel: […]

Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Pleading, Servicer |

  The big problem in legal practice is acceptance of the idea that the servicer is the servicer. The practice guide is simple: test that proposition before you do anything else. This is the same strategy as what the litigator should do with the REMIC Trust, the REMIC Trustee and others. None of them are […]

Tags: foreclosure defense
Posted in Corruption, discovery, Fabrication of documents, securities fraud |

Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays “Your Honor, this is a standard foreclosure.” That is the first lie told in court as lawyers, and companies claiming to be servicers, lenders, or trustees continue to play their game of lying for […]

Posted in discovery, foreclosure defenses, foreclosure mill, Pleading |

The bottom line is that if you follow the rules, and demand discovery of actual proof of payment (citing the form that such proof must take or asking what form such payment took), the foreclosure will file anything other than a response to your demands. If you don’t know what to do about that or […]

Posted in Corruption, discovery, Servicer |

Playing with the escrow balance and asking for more money is one of many games the “servicers” play in the Great Securitization game. Relentlessness in challenging (1) the authority of the company pretending to be a servicer and (2) their rendition of the escrow balance and reconciliation of their request for more money is how […]

Posted in Corruption, discovery, Fabrication of documents, Servicer |