Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260 3PM PDT, 6PM EDT Bill Paatalo discusses on the Show today a case out of the judicial foreclosure state of Kentucky, in which the Defendant has countersued the foreclosing 'Trust'--Christiana Trust, A Division of Wilmington Savings Fund Society, FSB. See…[...]

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In a recent case decided in the State of Washington, the Judge correctly stated the elements of good discovery requests, the reasons for overruling objections to discovery and the reasons for sustaining objections to discovery: In response to the interrogatories, Plaintiff raised broad objections and did not provide any of the requested information. (See id. at 38-43.) She also indicated…[...]

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Foreclosures are based on illusion. If the debt is subject to claims of securitization there is no bank --- by definition. That's not an opinion. It is a fact. As soon as you allow use of that word "Bank" you are adding to the illusion that you owe money to a bank. You don't. Refer instead to "the claimant" or,…[...]

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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 you admit to signing papers…[...]

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Disclaimer: This article is for educational purposes only and not legal advice. Always consult with an attorney licensed in the jurisdiction of your case. Clearing Up the Confusion About DBNTC Several readers have pointed out that I previously misstated the status of Deutsche Bank National Trust Company (DBNTC). Let me clarify. DBNTC does exist. It is the successor to Banker’s…[...]

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Posted in discovery, foreclosure defenses, legal standing |

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 for the hard fought rights…[...]

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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 issuer. Issuer divides ownership into…[...]

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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 Paatalo brought this to my…[...]

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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 go ahead with 1-2 hour…[...]

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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 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! Lack of  foundation! Rules of evidence…[...]

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