So since the requirements of the Federal and State lending laws are not being enforced even in court, it seems to me that the thousands of financial advisers and planners who ply their trade should expand into a new niche --- underwriting loans before borrowers accept them. Their client should be the prospective or existing homeowner. Using the disclosure requirements…[...]

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Posted in Uncategorized |

The most basic problem is still not addressed. The Volcker rule attempted to make banks play by rules of common sense, to which the banks rely that life is more complicated than that. The basic problem is that current law does not allow for securitization as it is currently practiced. Current law provides that only someone who has paid value…[...]

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Among the Webinars we are planning to offer shortly is one called "Making Your Point: The Nuts and Bolts of Persuasive Presentation in Court". The problem with most presentations of foreclosure defense is that they focus exclusively on the technical requirements of foreclosure. That is necessary of course because the foreclosure fails if it is not done properly. But lacking…[...]

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Posted in Uncategorized |

How do you know what was paid by whom and when and what terms applied? The whole point here is that money was paid by investors who did not receive ownership to the debt, note or mortgage. Nor did they assign any equitable right to the debt, note or mortgage. Since the value was paid by a party who never…[...]

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Tags: disclosure
Posted in Fabrication of documents, foreclosure defenses, legal standing, Pleading |

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 definition of insanity is doing the same thing over and over again and expecting a different result, Change your strategy, Change your tactics. Change your presentation and be mindful of the facial expressions and concerns expressed by a judge. That is what good…[...]

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I am currently working on multiple cases in which lawsuits for civil conspiracy and RICO will shortly be filed. I thought I would share with the public some of my observations and research. ================== All of these discussions come down to a specific description of the scheme, when the tortious act ("crime") occurred, who did it and why. * General…[...]

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Posted in Uncategorized |

So without a lot of organizing, this is the result of my request for names of people who are helping people with foreclosure defense and who are recommended by several people. I offer no guarantee or endorsement  I am including these people because I have at least high hopes they accept engagements and will do the job. This list is…[...]

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Posted in Uncategorized |

The point of securitization --- as practiced by Wall Street is that there is no risk in lending to consumer borrowers. Under existing law that means there is no lender and there usually isn't -- except where a conventional loan get paid off in a  securitization scheme. Sound crazy? it gets worse. Not only is the lending without risk but…[...]

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Posted in Uncategorized |

There are actually two different definitions of fraud. The lay definition is anything that is a lie. The legal definition goes much further than that and if you can't satisfy the legal elements of fraud you won't survive a motion to dismiss or motion to strike. It's complicated like everything else. There are many components that must be satisfied before…[...]

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On Thursday, the OCC banned former Wells Fargo CEO John Stumpf from the banking industry and fined him $17.5 million (13 million pounds) to settle charges he failed to put a stop to sales misconduct - the most it has ever secured from an individual. Among other former executives charged was retail banking head Carrie Tolstedt, who has not yet…[...]

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Posted in Wells Fargo |