This decision “Not for publication” takes one more step toward unravelling the false claims of securitization that resulted in millions of fake foreclosures over at least 15 years. The pure nonsense being peddled by Wall Street investment banks still remains as the underlying basis for assumptions and presumptions that are contrary to fact and contrary […]

Tags: cancellation of instrument, Chase, DECLARATORY RELIEF, Long beach, slander of title, WAMU, Washington Mutual
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

Shame is the reason why most borrowers don’t contest foreclosures. That shame turns to intense anger when they realize that they were used, screwed, abused and now they are targets in a continuing blitz to embezzle much needed money from their lives and from the financial system generally. The genius behind companies like Citi is… […]

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

I have added to my templates for discovery questions  and requests relating to a claimant that is named “XYZ Bank, N.A. as trustee for the ABCDE Corp. Trust Series 12345-4321A Certificates” and where, as in most cases, there is a PSA and/or a Trust Instrument that identifies the “trust” (if ti exists) as a REMIC […]

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

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight’s Agenda: Interrogatories Request to Produce Request for Admission Motions to Compel Motions for Sanctions Motions in Limine The devil is in the details. The details in litigation lie basically in discovery — […]

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

The way that borrowers lose cases is by picking out one thing from a case or statute and treating it as a magic bullet. If the law were that simple a computer would be deciding all cases. The distinctions between possessors of a note, rights to enforce, status as a holder, owning the debt and […]

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

For quite some time, the courts have struggled with the concept of primary liability for a lying liar and secondary liability for a liar who passes on the lie knowing that it was a lie. Scotus, in the Lorenzo decision has now said that is a distinction without a difference. It is not a secondary […]

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

Think of it this way: If someone wrote you a check for $100, which would you do? (1) make a digital copy of the check and then shred it or (2) take it to the bank? Starting with the era in which banks made what is abundantly clear as false claims of securitization the banks […]

Tags: DESTROYED NOTE, Elizabeth Warren, Florida bankers Association, Florida Supreme Court, Katie Porter, lost note, pretender lenders
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, Servicer |

Amongst the constant placement of article promoted and paid for by the banks that celebrate our supposed recovery from the mortgage meltdown is a new spate of articles that say otherwise. Rather than recovering we have merely papered over the problem allowing the banks to do it again. And worse, I would add, is the […]

Tags: CLS, Collateralized Loan Obligations, William D Cohan
Posted in Corruption, Fabrication of documents, foreclosure mill, securities fraud, Servicer |

If you are going to challenge a foreclosure or sue for wrongful foreclosure and fraud, you need to know what you are doing and know what your opposition has been doing. You also must know what to do about it because knowing is not enough. You need to convince a judge who starts from a […]

Tags: drafting, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

Departing from my usual format, there are a few things I want to say to people who are looking for relief from foreclosure and are hearing what they want to hear. ONLY A COURT ORDER CAN STOP A FORECLOSURE. THERE ARE NO EXCEPTIONS YOU CAN’T GET A COURT ORDER UNLESS YOU FOLLOW THE RULES AND […]

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