Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays   One of the things that irritates most homeowners and lawyers for foreclosure defense is how “evidence” is admitted that “proves” a fact that doesn’t exist. One of the tools for doing that […]

Tags: credibility, judicial notice
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation. What Is Flipping Fraud? Flipping fraud occurs when a deed is fraudulently executed in the name of someone who doesn’t actually own the property—and then that deed is sold to a […]

Posted in Fabrication of documents, foreclosure defenses, Motions |

The bottom line is that the foreclosures are a sham. The proceeds of the foreclosure never go into a REMIC Trust because there is neither a REMIC election nor a Trust, much less any entity that outright owns the debt, note or mortgage. In order to win, you must know that the securitization players use […]

Tags: countrywide, CWABS, fraud on the court, fraudulent documents, fraudulent foreclosures, fraudulent servicing, PSA, RICO, Shellpoint
Posted in Corruption, discovery, evidence, Fabrication of documents, Modification, Motions, Servicer |

Probably the biggest mistake and most common mistake I ever made as a lawyer was by assuming certain things at the very beginning of a case. No case is more dangerous ground for assumptions than foreclosures. Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. […]

Tags: credible narrative, probable cause
Posted in Fabrication of documents, foreclosure mill, legal standing, Motions |

I have been getting the same questions from multiple attorneys and homeowners. One of them is preparing a brief to the U.S. Supreme Court on rescission, but is wondering, as things stand whether she has any right to sue for damages. When our team prepares a complaint or other pleading for a lawyer or homeowner […]

Tags: 15 USC §1635, class action, injunctive relief, jesinoski, mass joinder, supplemental relief, TILA rescission, title after rescission
Posted in Corruption, Eviction, evidence, foreclosure mill, legal standing, Motions, Servicer |

multiple choice robo-pleading NO PLEADING: HOMEOWNER WON ANYWAY I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named […]

Tags: diversity jurisdiction, federal jurisidiction, OneWest Bank, standing, subject matetr jurisdicition, TRUSTEES, TRUSTS, TRUTH, US BANK
Posted in discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Motions, Pleading |

Most people really don’t completely understand our premise when we investigate, research, examine and analyze a case or case documents. We have several premises with which we start and check to to see if they apply. While the answer is short the work behind it is long and complicated. Let us help you plan your […]

Posted in legal standing, Motions, Pleading |

All contrary arguments are erroneous since they would insert a contingency where the statute contains no room for any contingency. The language of the statute bars any such contingency when it says that the TILA Rescission is effective upon delivery, by operation of law. If anyone wants the statute to say or mean anything different […]

Tags: 3 YEAR LIMITATION, bankruptcy, consummation, Eviction, jesinoski, LOAN MODIFICATION, notice of rescission, TILA rescission, Unlawful Detainer
Posted in legal standing, Modification, Motions, Pleading |

Producing a USEFUL report that can identify gaps, inconsistencies and deficiencies in the primary documents used for foreclosure is a complex task. It must be thorough and it must be correct and free from “opinions” that the writer is not qualified to present. Opinions ruin credibility under they come from a qualified expert with credentials, […]

Tags: How to research documents used in foreclosures., money, transfer
Posted in evidence, Fabrication of documents, legal standing, Motions |

The entire playbook of the banks and servicers consists of one underlying theme: to obtain foreclosures based upon presumptions that are contrary to the facts. GO TO LENDINGLIES to order forms and services Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make […]

Tags: beneficiary, credit bid, judicial economy, judicial notice, Substitution of Trustee, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, Motions |