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 |

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 |

 The answer to that question is that probably nobody has the right to execute a satisfaction of mortgage. That is why the mortgage deed needs to be nullified. In the typical situation the money was taken from investors and instead of using it to fund the REMIC trust, the broker-dealer used it as their own […]

Tags: borrower, broker-dealer, co-obligors, disclosure, insurance, investment bank, Investor, securitization, TILA, trading, trust beneficiary, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

I produced a memorandum as an expert witness and consultant in litigation support for a lawyer in California that after re-reading it, I think would be helpful in all foreclosure litigation. I have excerpted paragraphs from the memo and I present here for your use. Plaintiff/Appellant has pre-empted the opposing parties with a lawsuit that […]

Tags: 14th amendment, CALIFORNIA, discovery, due process, judicial foreclosure, NONJUDICIAL
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

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 |