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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 The system has been caught flat-footed by the banks’ strategy of weaponizing the court process to prove a nonexistent claim. Homeowners and many lawyers throw up their hands claiming that the banks are just […]
While I have come under heavy fire, it has generally been by uninformed paid trolls on the internet. Nothing bad actually happened to me. That might be because of my relatively high profile. But if you look at the landscape of foreclosure defense attorneys that were highly successful, you will find that most of them […]
The problem with court decisions like Am. Fid. Assurance Co. v. Bank of N.Y. Mellon, No. 18-6210 (10th Cir. July 7, 2020) is the same as with most decisions, to wit: They are assuming that there was an actual sale of loans to the trust. In fact, other than some data entry at the desk of a trader […]
Note how easy it is to skip over the initial paragraph which defines the context of the entire agreement. it is predicated in an event in the future. All representations, warranties, duties and obligations arise only if and hen the condition subsequent occurs. see the following: [Hint: None of this matters until AFTER loans are […]
Since many foreclosures are brought in the name of a bank as trustee for an unregistered trust, on behalf of the holders of certificates, it seems logical that the judgment entered should solely be for benefit of the certificate holders, even if they are not immediately identified. While that has been the assumed result in […]
Probably 50% of the inquiries that I receive on a daily basis involve request for the services of a local attorney that I would recommend. And the premise of each request is that I supply them with somebody who understands the nature of securitization and why my analysis often leads to a victory for the […]
“the servicer is in exactly the same position as the supposed attorney. It has no operative relationship with the named plaintiff because the named plaintiff has no claim.“ see https://chicagoagentmagazine.com/2020/09/08/corelogic-foreclosures-could-double-by-2022/ The most common mistake I make in litigation — and I think this is true for all trial lawyers — is assuming something to be […]
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 BECAUSE I SAID SO! CASE CLOSED? The whole point of the hearsay rule is to prevent the jury or judge from relying on untested evidence. Any statement made out of court is […]
Why would anyone in their right mind want to loan money when AT BEST the future is uncertain and at worst we are just waiting for the effects of an economic crash? There is only one possible answer in a capitalist economy — loans are not the end result. Whoever is “loaning” money is making […]
The condition precedent to enforcement of a mortgage is payment of value for the underlying debt. Homeowners have not and do not waive that provision. Allowing the foreclosure to proceed is rubber stamping a Ponzi scheme. see I Study Corporate Welfare. Even I Was Shocked by This Cronyism.https://www.nytimes.com/2020/09/04/opinion/pefco-export-import-bank.html?referringSource=articleShare One more example of how the major banks […]
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