Archive for 'Uncategorized' Category
Mar 10, 2020

Shame and ignorance prevents a homeowner and frequently their lawyer from responding intelligently to that question often posed by the Judge in foreclosure cases. The judge’s question is perfectly reasonable. If you are saying you didn’t sign anything then the entire case is different than the usual case. He or she wants to know. If […]

Mar 9, 2020

The recent denial of certiorari by SCOTUS of a clear case that was a virtual mirror of the case presented in 2015 in Countrywide v Jesinoski, shows that the courts are  going to deny rescission rights under 15 USC §1635. This leaves borrowers naked in the wind. There is no longer any effective enforcement mechanism […]

Mar 9, 2020

Almost everyone thinks they have a basic understanding of the securitization of residential debt. They don’t. Here is a basic primer to organize your thinking on the subject. Remember this only applies to securitization of residential debt and not to other things like stock IPOs etc. SIT: Securitization in Theory. Simple: Asset is owned by […]

Mar 6, 2020

While it is not certain, the Californian Decision in Raul Berroteran II v. Ford Motor Company, might be the harbinger that could change litigation forever. It basically stands for the proposition that if you had a chance to cross examine the witness and didn’t, you waived it and the deposition is admissible at trial. Bill […]

Mar 5, 2020

I need you to help me help you. We were planning the launch of the new series of Garfield Continuum Seminars in June at the place where we began in 2008 — Santa Monica CA. But people in recent days have indicated an unwillingness to travel to a live event. We were prepared anyway to […]

Mar 5, 2020

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 Syllabus for Webinars Covered in Brief What Trust? An overview of securitization TILA Rescission Why Lawyers Should Get Involved You signed, didn’t you? Legal Presumptions Absence of evidence: Discovery strategies and tactics Objection! […]

Mar 5, 2020

Everyone has trouble believing what happened under the “securitization” scheme concocted on Wall Street. Bottom Line: It was “extralegal” which is why it is “counterintuitive.” It is not legally possible to own a debt without paying value for it. It IS that simple. When confronted with a direct challenge Bill is right, they flee like […]

Mar 5, 2020

It’s true that most foreclosures are scams designed to obtain revenue instead of paying off a debt. But it is also true that there are many who pray upon the desperation of distressed homeowners who frankly are so emotionally overwrought that they are not thinking straight. So yes, anyone who guarantees you a result is […]

Mar 4, 2020

Here is the way to get my input/involvement. [Although it is helpful to follow this procedure lawyers need not submit a registration form for a CONSULT.] * First pick one property and then submit a registration statement. If you want to talk about more than one property, which is probably not necessary in our initial […]

Mar 4, 2020

Distressed mortgage securitizations are special purpose vehicles that issue securities primarily to institutional investors; invest the proceeds mainly in distressed mortgage loans; and apply the interest, principal, and sale proceeds they receive to pay interest and principal on the securities that they issue. Distressed mortgage securitizations allow hedge funds and other institutional investors to make […]