Message to Lawyers and Homeowners: If you think you can't win, you are wrong. If you think you shouldn't win, you are wrong. 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   One of the many things that irks me is how the banks are getting good…[...]

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While the mainstream media concentrates on predators who promise false hope to homeowners in distress and who actually distract homeowners from asserting real defenses, reporters fail to mention the larger more devastating impact of foreclosures initiated by attorneys on behalf of nonexistent clients who have no interest in the loan. The pernicious effect of having dollar proceeds of forced sales…[...]

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The bottom line is that foreclosures are all about collecting on unpaid debt. The only party who can initiate foreclosure proceedings that will force the sale of title to the home and then forcibly dispossess the homeowner is a party who owns the debt, is injured by nonpayment and who receives the proceeds of foreclosure as restitution for an unpaid…[...]

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Tags: UCC 9-102, UCC 9-203, UCC 9-308
Posted in discovery, Eviction, evidence, foreclosure defenses, legal standing, Pleading |

It is strongly advised by most attorneys that when submitting any statement or reply to any company posing as a mortgage servicer or lender that where it is appropropriate to do so you should state that you are making the statement for purposes of compromise and settlement only and not for use in court, trial or any other legal proceeding.…[...]

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Tags: admissions against interest, assumptions, for settlement and compromise only, hardship letter, Ocwen, TRUTH
Posted in Corruption, evidence, foreclosure mill, Servicer |

As soon as you start believing the words and labels the banks are using you are doomed to making admissions against interest that will reinforce the court bias in favor of the bank. The truth is that the entire thing is a lie. And it's not even an effort to get the debt repaid; it's an effort to get revenue.…[...]

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When you allege that you entered into a loan transaction with XYZ corp you are admitting that they loaned you money. In most cases that isn't true, but you are stuck with your admissions thus admitting the validity of all subsequent assignments and endorsements. This is how the foreclosure mills win --- not with the facts but with your admissions of things that are…[...]

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From an avid reader and investigator, the wording below is from an exhibit in litigation that was (of course) dismissed that shows that Wells Fargo managers were specifically instructing their subordinates who talk or correspondent with borrowers on what to say and what not to say. Specifically they were not reveal that Wells Fargo did not have the security instrument…[...]

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Before the era of securitization, the only reason for making riskier loans was that the lender could charge a premium for borrowing --- a premium that would cover the higher cost associated with defaulting loans. Now the reason is that the higher the risk, the more the Investment Bank makes and the more the mortgage broker makes on yield spread premiums. And…[...]

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Tags: nonqualified loans. toxic loans, subprime loans, yield spread premium
Posted in Uncategorized |

Citing “capitalism” as a defense no assassin would be set free because he killed for money. Nobody in their right mind would accept a defense of capitalism for someone who robbed, poisoned, shot, stabbed, or stole from a person or company if the defense was “I did it for the money.” That’s not capitalism. It’s robbery, assault, murder or theft.…[...]

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Take a step back and then look at this situation from a wider perspective. * Understand that the real deal was the issuance of multiple levels of securities made possible by investors putting up money and borrowers signing their name. The investors did not understand they were creating an improper "yield spread premium" between what they were investing and the…[...]

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