This is the topic for tonight’s Neil Garfield show. Tune in tonight or down load the podcast: Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays Tonight’s Show Features Carolyn Trego, Hardest Hit Administrator for the Law Offices of Paul A. Krasker, P.A.  There are dozens […]

Tags: Florida, Hardest Hit Homeowners, homeowners in distress, Krasker, state programs
Posted in bubble, Corruption, expert witness, Modification, Pleading, Servicer |

Maybe now I will get something other than a blank look when I referred to anomalies in what appears to be the merger of Bank of America with Countrywide. For about 18 months now I have been saying that there is something wrong with that report, because the documents in the public domain show two […]

Tags: Bank of America, countrywide, foreclosure defense and offense, MBIA, RED OAK MERGER CORP
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Corroborating what I have been saying for years on this blog, the Supreme Court of the state of California is reasserting its position that if entity ABC wants to collect on a debt in California, then that particular entity must own the debt. This is basic common sense and simply follows article 9 of the […]

Tags: ARTICLE 9, borrower, California Supreme Court, creditor, DEBTOR, Glaski, Investor, ownership of the note, recusal, UNIFORM COMMERCIAL CODE
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Mantor for Assessor/Recorder/Clerk of San Diego County Editor’s note: I don’t actually know Mantor so I cannot endorse him personally — but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets. Mantor is aiming straight for his issue by running for the Recorder’s Position. […]

Tags: CALIFORNIA, corruption of title, DEED OF TRUST, foreclosure, foreclosure auction rigging, George W. Mantor, investors, Mortgage, note, POLITICS, Wall Street Corruption
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I know from past experience that the prosecuting attorneys at bar associations tend to move in packs. There is actually a pretty good reason for this. Certain practices by attorneys are emulated by other attorneys and spreads from state to state. Based upon a recent decision in New York State, I believe we’re going to […]

Tags: 2008-10218, attorney discipline, Bar grievances, code of professional responsibility, foreclosure mills, imputed knowledge, Matter of Cohen & Slamowitz, New York State, perjury, personal knowledge
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority […]

Tags: beneficiary, BURDEN OF PROOF, complex litigation, due process, interpleader, judicial foreclosure, new beneficiary, nonjudicial foreclosure, structured finance, Substitution of Trustee, Trustee on deedof trust, trustee on MBS
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

So far he is three for three and he has no plans to stop filing complaints against notaries who signed false, fabricated affidavits. Ken McLeod (Arizona) is about the best investigator for economic crimes that I have ever come across. I won’t publish his number because the last time I did that he was swamped […]

Tags: affidavit, Ken McLeod, licenses, notary, NULLIFICATION OF INSTRUMENT, recording instruments, revocation, testimony, validity of instrument
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Editor’s Comment: One of the interesting things about this case is where we all stood on application of law back in 1979 versus what goes on now. If you read the entire case — pointed out to me by “KC” in her comments to the blog, you see how the court approached this case in […]

Tags: 600 P.2d 573 (Wash. Ct. App. 1979), MGIC FIN. v. HA Briggs Co.
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be […]

Tags: ABUSIVE LOAN PRACTICES, assignments, bank of new york, business records exception, competency of witness, DANIEL YOHALEM, endorsements, FEDERAL PREEMMPTION --- OCC STATEMENT, FREDERICK ROWE, hearsay, HLPA, holder of note, JOSEPH ROMERO, JOSHUA SIMMS, JUDICIAL SELF GOVERNANCE, JURISDICITION, KATHERINE ELIZABETH MURRAY, liar loans, MARY ROMERO, MERS, New Mexico, NEW MEXICO ATTORNEY, personal knowledge, POPULAR FINANCIAL SERVICES MORTGAGE PASS THROUGH CERTIFICATE SERIES #2006, RIGHT TO ENFORCE MORTGAGE, RIGHT TO ENFORCE NOTE, standing, Supreme Court, UCC AND FORECLOSURES
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Whether it is on voir dire, which is a limited examination before the witness testifies to determine the legal competency of the witness, or on actual cross examination, the object is to bring out facts that are helpful in making your case or defending your position. When I teach cross examination, I refer to the […]

Tags: cross examination, foreclosure trials, hearsay, lack of foundation, leading question, objections at trial, triads, voir dire
Posted in Corruption, evidence, expert witness, foreclosure defenses, Motions, Pleading, Servicer |