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LISTEN TO THIS EPISODE OF THE NEIL GARFIELD SHOW Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Hi Neil Garfield here and this is Thursday March 7th, 2019. Bill Paatalo joins me tonight since he has done so much work on this […]
LEGAL STANDING IS ABOUT WHETHER THE NAMED CLAIMANT EXISTS AND WILL, IF SUCCESSFUL, RECEIVE THE BENEFITS OF PREVAILING ON ITS CLAIM. IF THAT IS NOT TRUE, THERE IS NO VALID CLAIM. Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays After 12 years […]
The bottom line is that facts — or absence of required facts — is what persuades the judge. The value of good investigation and case analysis lies not in the opinion of the writer of the report but in the usefulness of the facts that are revealed or, more importantly in foreclosure cases, the usefulness […]
Lots of question and comments about the Neil Garfield Show last Thursday. I explained the real context for settlement and it provoked quite a bit of discussion. Since many people asked for a transcript, here is a transcript that is almost verbatim but leaves out some comments that were made extemporaneously on air. Hi Neil […]
When TILA rescission has occurred the encumbrance is eliminated and the debt converts from one arising from a promissory note to one arising from a statute — 15 USC §1635. The debt then becomes subject to the statute of limitations for claims under TILA because the debt now arises under TILA. If the statute has […]
SETTLE OR DON’T SETTLE? 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 You can always settle any case by horse trading on the amount due, when it is due and at what intervals and interest rate. But more and more lawyers […]
Is it better to lawyer up or is it better to go it alone? 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 We all know the theoretical answer. If you go into an operating room at a hospital you want a […]
Legal procedure is difficult to master in one sweep. But in all events you should know that everything before trial is strictly procedure and that your notions about right and wrong are almost besides the point. The purpose of procedural rules is to enable the parties to narrow the issues that must be decided and […]
One common thread in the emails I receive is the complaint that the borrower’s lawyer failed to agree or find that the the debt, note or mortgage was owned by a trust. The reason for that is that in order for “the trust” to be the owner of the debt, it must exist. In most […]
Client goes into the office of an attorney and tells him/her that a notice of rescission was sent. The attorney without studying the issue says the rescission never happened. And so it goes. In my opinion once the time limits have expired on claims arising from TILA (which includes the debt) the county recorder should […]
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