It’s no magic bullet but it can be used effectively. Why the “Holder in Due Course” Argument Matters If you are facing foreclosure, you might hear about something called a holder in due course (HDC). This term basically means a person or company that legally owns the loan and has rights to collect on it. […]

Tags: foreclosure defense
Posted in Fabrication of documents, foreclosure defenses, legal standing |

Foreclosure Defense Starts with One Question: What Obligation? Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney before acting on anything discussed here. The Common Mistake Most pro se litigants — and even many attorneys — begin their foreclosure defense with: “Yes, but…” The stronger defense […]

Posted in foreclosure defenses, Foreclosure Questions |

A Controversial Disbarment in Hawaii Attorney Gary Dubin, age 83, was recently disbarred by the Hawaii Supreme Court. To some, it looked like a routine bar discipline matter. To others—including myself—it appears to be the product of investment bank influence and a flawed disciplinary process that fails to protect due process. Dubin has practiced for […]

Posted in Corruption, evidence, foreclosure defenses, Uncategorized |

Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays “Your Honor, this is a standard foreclosure.” That is the first lie told in court as lawyers, and companies claiming to be servicers, lenders, or trustees continue to play their game of lying for […]

Posted in discovery, foreclosure defenses, foreclosure mill, Pleading |

In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word “successor.” I have been saying that this word is used as a cover-up for “we don’t have title to the […]

Tags: ABN AMRO, Bank of America, Bank of New York Mellon, Citigroup Foreclosures, Deutsch Bank Deutsch Bank Trust Company Americas, JP Morgan Chase Bank National Association, LaSalle Bank as trustee, Nationstar, Successor, successor beneficiary, U.S. Bank National Association
Posted in Corruption, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

The bottom line in trial court actions defending foreclosures is that generally whatever you’re thinking about your defense, you need a little more than that. On Appeal, you need a lot more than what you are supposing will present the foundation for an opinion that reverses the trial court. I often hear lawyers who are […]

Tags: foreclosure, foreclosure defense
Posted in foreclosure defenses |

see Page v. Deutsche Bank Tr. Kudos to Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, Florida, for Petitioner William L. Grimsley and Kimberly Held Israel, Jacksonville, Florida, Daniel Alvarado, Elia Alvarado, South Florida Defense Group, Bowin Law Group, Michael Jay Wrubel, P.A., Jonathan Kline, P.A. “The certified conflict issue in this case is […]

Tags: attorney fees for homeowners, Florida Supreme Court, foreclosure, JURISDICITION, SASCO, U.S. Bank, waiver of defenses
Posted in foreclosure defenses, Pleading |

Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete evidence that there is, in fact, a loan receivable entry on the accounting ledgers of the claimant and that it got […]

Posted in discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

ALL EXISTING LAW AGREES WITH MY MAIN POINT: There is no basis for claiming you are a creditor unless you own the debt or represent someone who owns the debt. Since 2000 and maybe before that we have abandoned real creditors and steadily transformed administration, collection, and enforcement of alleged debts to include virtual creditors […]

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

What is obvious is false but only investment bankers know it.  * Without knowing it, you are probably doing business with a Wall Street securities brokerage firm calling itself an “investment bank.” You didn’t know because they were never disclosed. And the money they paid to you was not a loan — at least not […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, Pleading |