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 Tonight We’ll talk about how to understand and use legal presumptions to defeat illegal foreclosures. The key to persuading the court is logic applied to everyday experience. And remember that the key in every foreclosure is the money…[...]

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There are winners and losers in every courtroom. When dealing with TILA Rescission under 15 USC §1635 you must go the extra mile in not merely showing the court why you should win, but also revealing that the opposition is not actually losing anything. The same logic applies to every foreclosure where securitization is either obvious or lurking in the…[...]

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Posted in discovery, evidence, expert witness, legal standing, Motions |

Edward Hyne, Nationstar's Rule 30(b)(6) witness refers to the practice as "preparing indorsement pages". This is a partial transcript of the deposition. The case was set for trial Monday October 22, 2018: BY MR. RILEY: Q What is your testimony about the Note, Mr. Hyne? A The Note itself is accurate, but as to the page where the endorsements are,…[...]

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The following is my reply, with some editing, to a client who is faced with some typical plays used by attorneys for the banks. The game is that they are doing everything they can to direct attention to the name of the trustee, which is banking institution instead of the trust which is the actual named Plaintiff or Beneficiary. So…[...]

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see A direct rebuke to the uneven bailout given to the banks in 2008-2009 Part of the reason that Bernie Sanders caught the "establishment" politicians by surprise in 2016 was that none of them understood the outrage that is still felt today. Trump was clearly the beneficiary of this outrage. This is not a general outrage. It is very specific. Around…[...]

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see https://www.consumerfinance.gov/about-us/newsroom/bureau-enhance-consumer-complaint-database/ WASHINGTON, D.C. – Today the Consumer Financial Protection Bureau (CFPB) announced that it will continue the publication of consumer complaints, data fields and narrative descriptions through the Bureau’s Consumer Complaint Database while making several enhancements to the information available to users of the database The Consumer Complaint Database is available at: https://www.consumerfinance.gov/data-research/consumer-complaints/. ###The Consumer Financial Protection Bureau is a 21st…[...]

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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 =================================== Today we discuss on the Show the California case of Bienfeld, et al. v. Ditech Financial, LLC, et al. This case involves as a Defendant Bank of New York Mellon (BNYM), the purported Trustee of a securitized trust…[...]

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see Legal Standing established Only in Reference to Delivery of Note or Rights to Note This is perfect example of what I have been talking about. The article raises legal points that are entirely correct. But it begs the question --- who actually owned the debt by virtue of having paid money for it? The authors ignore that point entirely…[...]

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Most people have become so fearful that things can only get worse that they are clinging to any vestige of normalcy in their lives, hoping it will last just a little while longer. Here is the truth: the banks have undermined capitalism. Those symbols of free market capitalism have been steadily eroding our capitalist economy for decades. Capitalism depends upon…[...]

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see https://finance.yahoo.com/news/usury-lawsuits-put-future-563-113150817.html I frankly never thought the topic would ever be taken seriously. But here we are. Many loans have extra privileges and rights that accrue to the lender. Usurious rates may be charged as long as its a bank. Student loans may not be discharged in bankruptcy. And investment banks generate pornographic amounts of profit by "trading" in contracts that…[...]

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