Archive for 'foreclosure defenses' Category
It’s not the job of courts to save litigants from their own admissions. Here is a simple rule: if you admit the existence of the loan account receivable and you admit the rights of the servicer and the currently named claimant, you have no viable basis to challenge standing or enforceability. “Yes, but” doesn’t count […]
I’m often bewildered when people act surprised by what I’ve been documenting for years. Everything on my blog comes from hard data, legal proceedings, and administrative findings — not speculation. Yes, the system is corrupt. But here’s the reality: being right isn’t enough in court. If you step into litigation without understanding procedure and evidence, […]
Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers. Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] […]
LEARN HOW TO FIGHT WITH HONOR AND WIN! After some reflection, legal research and analysis I have come to the conclusion that a very good way for homeowners to put tracks in the sand that they can use later with success is to use the following protocol — subject to the opinion of local counsel: […]
APPROVED FOR 2.5 CLE CREDITS APPROVED BY THE FLORIDA BAR HOMEOWNER ATTENDANCE PERMITTED Live and On-Demand Available EARLY BIRD DISCOUNT ENDS 9/22/21 What to Look for in Examining an Assignment How to Successfully Litigate the Issues How lawyers can make money in this niche APON and GTC Honors, Inc. an approved host provider for CLE […]
The Core of the “Rent-A-Charter” Scheme Anyone familiar with organized crime knows its survival depends on paying people to “take the heat.” Investment banks institutionalized this concept through illegal Rent-A-Charter schemes, which appear legitimate but collapse under scrutiny. Researcher Bill Paatalo has shown how Rent-A-Charter is used in two distinct ways: Securitization schemes Foreclosure schemes […]
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. […]
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 […]
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 […]
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 […]
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