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 |

you made all that revenue possible by signing a note and mortgage in favor of someone who was not lending you any money. Nobody told you about that. And nobody told you that you were not entering a transaction in which there was a lender and borrower. There was only a borrower. The simple fact […]

Posted in Corruption, Fabrication of documents, foreclosure defenses, Modification, 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 |

This is simple logic. If illegal processing fees were greedily added to the “loan accounts” falsely asserted to exist, then the amount demanded from “borrowers” was incorrect. That would make the statements sent to borrowers part of a fraudulent scheme through US Mails which would be mail fraud. And it would make the notices of […]

Tags: Ocwen, PHH, servicer
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, securities fraud, Servicer |

The offer of modification is actually inviting you to formally join the securitization process without getting paid for it. I write often about the illegality of the Wall Street schemes that have defrauded investors and homeowners out of their money and investments. But there is also another aspect to this. The coming Tidal Wave of […]

Posted in Corruption, Fabrication of documents, legal standing, securities fraud, Servicer |

The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records  of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of […]

Tags: best evidence, FOUNDATION, hearsay, relevance
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

More kudos to Gary Dubin who keeps producing favorable decisions for homeowners. This ruling is important for a variety of reasons. This time it is all about the rules of evidence and legals tanding to even bring the claim. see US Bank LSF9 v Verhagen 7-20-20 * The first reason is that it presents a […]

Tags: Caliber, Chase, LSF9, servicer
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

The banks have been securitizing data not debt. Now they are trying to make data the substitute for the real thing. In other words, screw the investors, screw the consumers, screw the government and the banks take everything. It’s not securitization that is evil. It is a handful of bankers who are lying to us […]

Posted in evidence, Fabrication of documents, foreclosure defenses, Pleading, securities fraud |