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 |

see https://www.natlawreview.com/article/district-court-requires-plaintiff-to-disclose-evidence-about-noneconomic-loss I have been writing, lecturing, and just saying the same thing since 2006. Homeowners don’t need to prove anything. The objective in Foreclosure Defense is to prevent the claimant from pursuing their claim. If you are not willing to do all the necessary   work and to make certain you have it right, then […]

Tags: discovery, foreclosure defense, motion for contempt, motion for sanctions, motion for summary judgment, Motion IN Limine, Motion Practice, motion to compel discovery
Posted in discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading |

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 |

“Morality is an existential threat to commerce and politics. Although we legislate morality we refuse to enforce it. It is OK to lie to consumers or borrowers but not OK to lie to a financial institution who by the way is lying to you.” Neil F Garfield, October 2009 speech to regional bankruptcy conference in […]

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

US Bank v Compton 9335344481 Hawaii 2020 Dubin So here is yet another example of litigation done correctly. This case demonstrates that the courts can and will be convinced to rule in favor of homeowners when the correct issue is raised at the right time in the right way. Here are some quotes from the […]

Tags: discovery, motion for summary judgment
Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, Servicer |

Discovery is part law, part art, and part intuition. The lawyer must generate questions that can be used, by themselves, to bring certain issues in front of the judge either because the opponent answered the questions or because they didn’t answer. If your point is that your opponent doesn’t own the claim even though they […]

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