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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

Posted in Uncategorized |

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 cockroaches when the lights come…[...]

Continue Reading

Posted in Uncategorized |

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 neither an attorney nor anyone…[...]

Continue Reading

Posted in Uncategorized |

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 consult, then submit a separate…[...]

Continue Reading

Posted in Uncategorized |

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 a leveraged, tax-efficient investment in…[...]

Continue Reading

Posted in Uncategorized |

Interlocutory appeals are appeals during the litigation. They are successful if the points in dispute are clearly presented and the case is made that the ruling is likely to shorten the litigation time or prevent unfair burdens from falling on the movant. They should be used sparingly, at most. But in my opinion they should be aggressively pursued when a…[...]

Continue Reading

Posted in Uncategorized |

Now it's time to drill the investigation further --- faking loan accounts in which the debtor owes no money to WFB either directly as owner or servicer or indirectly through other conduits or companies. THIS JUST ONE EXAMPLE AMONG HUNDREDS WHERE THE MEGABANKS HAVE USED THEIR SHEER SIZE TO COMMIT ILLEGAL ACTS THAT WOULD PUT THE AVERAGE JOE IN JAIL.…[...]

Continue Reading

Posted in Wells Fargo |

Deutsche Bank National Trust Company is a sham conduit earning other Deutsche entities (real ones) $ millions in fees paid for the mere use of its name. Contrary to the definition of a limited purpose trust company, Deutsche performs no services, maintains no inventory, and owns nothing. Be careful to distinguish it from other Deutsche entities. I frankly never heard…[...]

Continue Reading

Posted in Uncategorized |