Archive for 'Uncategorized' Category
Mar 15, 2021

Bias is a state of mind. Everone has a mind and if they are living they have a state of mind. So every judge has some biases. In our system of court procedure, bias is ONLY important to impeach a witness or to ask the trial judge to recuse themselves — or beyond that, file […]

Mar 12, 2021

The only way that the note can be used in any claim for administration, collection or enforcement is if it is evidence of an existing underlying obligation. It is the underlying transaction, not the note, that creates the liability of the maker of the note. If it were otherwise nobody could trust any note and […]

Mar 11, 2021

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 3PM PST, 1PM HST * It is now virtually impossible to find a lawyer who will accept an engagement to defend a foreclosure regardless of the financial ability of the prospective client to pay […]

Mar 9, 2021

When presented with a situation in which a court has ordered mediation or where a proposed modification has been offered, practicitioners (lawyers) should be asking themselves what they would do if they knew for a fact that all of the correspondence, notices and proposed agreements were coming from a party who neither owned the alleged […]

Mar 5, 2021

It has been happening for at least 10 years. Most homeowners never knew it happened. They were served with foreclosure notices and they simply walked away thinking that they had an unpaid account receivable with their name on it and that foreclosure was inevitable. A satisfaction of mortgage, usually by the Bank of America or […]

Mar 4, 2021

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Today Charles Marshall addresses some recent developments in loan workout and securitization practice, with a reference also to Neil’s Blog post of March 3 in which he breaks down how in a […]

Mar 3, 2021

In a very recent deposition expertly done by a lawyer in an extremely conservative state, the grossly illegal plan to falsely present a scenario of “securitization of loans” was laid bare despite many attempts by an experienced witness who confessed that he was primarily a teacher to other witnesses for Mr. Cooper d/b/a Nationstar. The […]

Mar 3, 2021

In today’s technology, there is no good reason why all banks, large and small should not be competing for the same customers for services relating to demand deposit accounts and even long-term deposits. They are all equally dependent upon the same technology backbone, electronic funds transfer, and everything else. But bigger is not necessarily better […]

Mar 2, 2021

I learned early (2006-2011) on when some 26 state bar associations filed various types of complaints or started investigations of my efforts to help homeowners. I fought them all back. Meanwhile, I have seen one lawyer after another falling victim to imaginary violations or discipline that was about 10 times worse than lawyers doing anything […]

Mar 1, 2021

Today we are still living with the myth that the transactions with homeowners were loans, that the concealed risks absorbed by homeowners should not be compensated, and that administration, collection, and enforcement of nonexistent accounts receivable should be allowed. We can all change that by being open to the idea that maybe it isn’t the way […]