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 |

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 |

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 |

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 |

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 |

Key Realities Banks will never bring their own expert.They avoid the risk of cross-examination because no one can credibly testify to facts that don’t exist — namely, proof of ownership of the debt. Using an expert is complicated.An expert can be decisive, but only when their work is specific, case-focused, and defensible under cross-examination. Many […]

Posted in expert witness, foreclosure defenses |

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 |