The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort and several players involved in…[...]

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Tags: ATTORNEY FEES, damages, disgorgement, interpleader, sending documents to servicer, tender of payment, wrongful foreclosure
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading |

I would like you to think about the coming year as an opportunity to show your true powers. Everyone has them. If you have an opinion about the state of our government and politics, then vote. If you don't know the issues or candidates, then learn. If you don't like your job, then get the help you need to change…[...]

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Posted in Uncategorized |

As Russ Baldwin and other lawyers have pointed out, borrowers can raise and use TILA violations and maybe FDCPA violations defensively even if they are otherwise barred as affirmative claims. The way it works is simple -- the affirmative defense of recoupment for violations of statute, if proven, result in an offset to the amount demanded by the opposing party…[...]

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Tags: affirmative defenses, recoupment
Posted in Fabrication of documents, foreclosure defenses, foreclosure mill, Pleading |

see Rotkiske v. Klemm https://www.lexology.com/library/detail.aspx?g=f434445e-b3ed-4dfd-83a8-7eaca6105ba5 Three Key Takeaways The FDCPA's statute of limitations ordinarily begins to run when the violation occurs, not when it is discovered. The Supreme Court did not decide whether the FDCPA permits application of equitable doctrines, like equitable tolling, that may delay commencement of the limitations period in individual cases. As a general matter, federal statutes…[...]

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OAA OWNERSHIP, AGENCY, AUTHORITY THAT IS WHAT NEARLY ALL FORECLOSURES ARE ABOUT 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 banks have so far been successful in getting nearly everyone to think that foreclosures are about documents and paperwork. That is a false premise that…[...]

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So what the bank lawyers are trying to do is put us to sleep with the legalese wording and essentially appear to be saying one thing when in fact they are saying something completely different. "In relation to" is an admission that "we don't own the loan and we don't know who does, but from now on you agree to…[...]

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As I  have repeatedly stated on these pages, commingling funds from investors with (a) other investors and (b) third parties is the root of the securitization scheme and the basis upon which the brokerage houses (investment banks) are able to convert your money to their money. That could be legal if it was part of any deal, but it isn't…[...]

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I'm not sure why there are people who are calling my approach theoretical. My focus is strictly practical --- using the rules of civil procedure to expose the truth of the matter asserted. Specifically, the end result should be and most often is that the opposition either dismisses the claim, or the court bars them from proceeding when the are…[...]

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Posted in discovery |

Yes ownership of the debt and payment for the debt, for the first time in history is actually split contrary to law. Under current law it is impossible to own the debt without paying for it. This is required by the most basic doctrine of judicial standing --- a party may not go to court for a remedy unless there…[...]

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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 Tonight we talk about grandest of thefts. Bill Paatalo is a private investigator who I compare to a dog with a bone. He never lets go. After years of trying he finally came up with extrinsic proof…[...]

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