What Many Homeowners Don’t Know About Stopping Foreclosure After It Begins When foreclosure starts, many homeowners assume it’s already too late to stop foreclosure. That belief is often wrong. This case shows how a homeowner took the time to understand her mortgage, the foreclosure timeline, and the sale date process before giving up. By doing […]

Tags: foreclosure defense, STOP FORECLOSURE
Posted in foreclosure defenses, Foreclosure Questions |

Most people cannot conceive of why they should have been paid more at the purported “Closing” of their transaction than what they received or what they think was paid on their behalf. * But the bottom line is that in most cases, whether the transaction involved a resale of the home or “refinancing,” only a […]

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

Disclaimer: This article is for educational purposes only and not legal advice. Always consult with a licensed attorney regarding your specific situation. Why Does “Wilmington” Keep Showing Up in Foreclosures? The name “Wilmington” appears with increasing frequency in foreclosure cases across the country. On the surface, it gives the impression of legitimacy — suggesting a […]

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

The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled “Spoliation of Evidence and Non-party witnesses.” The author is Gary M Glassman, who is the attorney for Daytona Beach. The major points of the article that I think are relevant to Foreclosure Defense litigation are that (A) spoliation […]

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

You need to challenge the status of the company claiming to be a servicer by finding out what functions they really perform. * I know I have contributed to the problem, but I think it’s time to stop using the labels that are promoted by the banks. * Companies that are claimed to be the […]

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

I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the […]

Tags: Black Knight, Core Logic
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, Pleading, Servicer |

Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays As a follow-up to our FREE presentation CLE webinar on Prelitigation Strategies and Practices, we offer an open mike Q&A on tonight’s show. Please think about your questions in advance and refrain […]

Tags: CFPB Complaint, debt validation letter, qualified written request, State AG Consumer Complaint request
Posted in discovery, Fabrication of documents, foreclosure defenses, Pleading |

if the investment bank paid the homeowner as an incentive payment rather than as a loan, then there is no debt any more than salary or wages can later be called a loan. The fact that the consumer/homeowner thought or even wished it were otherwise makes no diffeerence. If I pay you money and you […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud |

The idea that some company bearing the label of “servicer” is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end. Such companies do nothing and were never intended to do anything except act as a buffer, in name only, to prevent liability attaching […]

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

The answer to this question depends upon the homeowner — not the judge. * If the homeowner rigorously, aggressively and persistently seeks enforcement of the rules of civil procedure, the rules of discovery, the rules of evidence and enforcement of court orders, the chances of quite good that the homeowner role reach a very favorable […]

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