Click to tune TONITE in on The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays LET’S PROCEED STEP BY STEP. – Based upon actual documentation filed with the SEC 1. let’s assume that the mortgage is defective because it was not perfected. The note described a party who was not the creditor […]

Tags: 10-K annual report, assignments, date of assignment, date of transaction, Fannie Mae guarantee, Fannie Mae Master trustee, mortgage bonds, payments on behalf of investors, payments to investors, Pooling and Servicing Agreement, Prospectus, Servicer advances
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

In a short written opinion Judge William J Zloch, formerly of Notre Dame football fame (quarterback and wide receiver) dealt a huge blow to bankers pretending to be lenders and servicers pretending to be bankers. For him the issue was simple. And he is right. His opinion contains irrefutable logic. Ocwen wanted to escape trial […]

Tags: Florida Southern District, Ocwen, trial by jury, waiver of trial by jury, Wells Fargo, Zloch
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Pleading, Servicer |

The issue is what are the elements of the loan contract? Who are the parties? And who can enforce it? I would agree that an overpayment at closing from the source of funds is rare. What is not rare and in fact common is that the wire transfer instructions that accompany the wire transfer receipt […]

Tags: acceptance, borrowers, closing table, consideration, contract law, debt, documentation, homeowners, investors, lenders, Mortgage, note, offer
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

There have been multiple questions directed at me over the issue of consideration arising from presumptions made about a note and mortgage that appear to be facially valid. Those presumptions are rebuttable and indeed in many cases would be rebutted by the actual facts. That is why asserting the right defenses is so important to […]

Tags: adequacy of consideration, consideration, contract law, credit bid, creditor, creditor bid, discovery, foreclosure sale
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, Servicer |

Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays It has been my contention all along that these cases ought to end in the discovery process with some sort of settlement — money damages, modification, short-sale, hardest hit fund programs etc. But the only way the […]

Tags: Bank of America, bank of new york, competency of witness, depositions, discovery, foreclosure defense, Mellon, modification, objections to discovery, personal knowledge, short-sale, Urban Lending Solutions, Wells Fargo
Posted in Corruption, evidence, foreclosure defenses, Modification, Motions, Pleading, Servicer |

Wells Fargo Manual “Blueprint for Fraud” Hat tip to my law partner, Danielle Kelley, Esq., for sending me the manual and the reports on it. Anyone desirous of a consultation on the application of what is on this blog, must either be a lawyer or have a lawyer who is licensed in the jurisdiction in […]

Tags: Bank of America, business records exception, Chase-Wamu merger, competency of witness, conflict of interest, hearsay, hearsay upon hearsay, JPM CHASE, Master Servicer, REMIC trusts, sub servicer, Urban Lending Solutions, WAMU Loans
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Wells Fargo Investigated by 4 Agencies for Manual on Fabricating Foreclosure Documents Wells Fargo is under investigation for a lot of things these days, just as we find in Bank of America and other major “institutions.” The bottom line is that they haven’t been acting very institutional and their culture is one that has led […]

Tags: Bank of America, fabrication manual, fabrication of foreclosure documents, fraud, identity theft, Investigation, trust, Wells Fargo
Posted in bubble, Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

  I was asked a question a few days ago that runs to the heart of the problem for the banks in enforcing false claims for foreclosure and false claims of losses that should really allocated to the investors so that the investor would get the benefits of those loss mitigation payments. This is the […]

Tags: and deed of trust, Donald Duck, investment banks, investors, loss mitigation, loss sharing, Mortgage, Pooling and Servicing Agreement, promissory note, Prospectus, third party payments
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays GUEST TONIGHT: KENNETH HANKS, ESQ. TITLE EXPERT One might ask why a lender would delay the prosecution of their claim. The answer is that they wouldn’t delay if they thought they had a solid claim. I know. […]

Tags: dismissal for lack of prosecution, mortgage bond, New Jersey, promissory note, statutes of limitation, validity of mortgage, validity of note, wrongful foreclosure
Posted in evidence, foreclosure defenses, foreclosure mill, Pleading |

Damage awards for wrongful foreclosure are rising across the country. In New Mexico a judge issued a $3.2 million judgment (including $2.7 million in punitive damages) against Wells Fargo for foreclosing on a man’s home after his death even though he had an insurance policy through the bank that paid the remaining balance on his […]

Tags: compensatory damages, contingency fee, discovery, FDIC, foreclosure, insurance, loss sharing, mortgage insurance, New Mexico, Pleading, punitive damages, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |