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.streetinsider.com/Globe+Newswire/Freddie+Mac+Credit+Protects+%24167.3+Billion+of+Single-Family+Mortgages+in+Third+Quarter/17554183.html People still don’t believe it. Loans were not securitized but are being treated as though they were securitized. “Securitization” means selling off an asset in pro rata shares to investors who get a piece of paper telling them that they own X% of the asset. Ask anyone who knows (or read it yourself) […]

Posted in discovery, Fabrication of documents |

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 |

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 |

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 |

There are many well intentioned people and lawyers who go into court to contest foreclosure cases with the expectation that the foreclosure mill must prove ownership and status of the loan. In plain language they don’t need to prove that because of a legal fiction called a “legal presumption.” That is a shorthand way of […]

Tags: foreclosure burden of proof, legal presumptions, motion for sanctions, Motion IN Limine, motion to compel discovery
Posted in discovery, Fabrication of documents, foreclosure defenses, 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 |