The Lesson here is that the denial of modification presents and important opportunity to challenge the practices, authority and viability of claims by parties who seek to collect, enforce or administer loans.  [This decision is dated 11/15/17. Check any future litigation or comparable decisions before using. ] The goal is foreclosure. There can be no doubt that the modification process…[...]

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It's easy to get lost in the weeds. Lots of people bring up the issue of standing without realizing that they are invoking constitutional rights and required processes. But beyond that they are invoking common sense, to wit: simply stated, no person should be deprived of their property without due process of law by a person who has the right…[...]

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THIS SEMINAR REGISTRATION IS CLOSED BECAUSE MORE THAN 100 PEOPLE SIGNED UP AND WE ONLY HAVE SPACE FOR 100. IF YOU WOULD LIKE TO SEE ME DO THIS AGAIN SEND AN EMAIL TO NEILFGARFIELD@HOTMAIL.COM   Dear Forensic Loan Auditors: I am weary from looking at reports that do not present homeowners or lawyers with something they can easily use in…[...]

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CLICK HERE TO LISTEN TO SHOW   Blog Talk Radio 6-27-19 * Tonight! How to Survive Litigation on the Neil Garfield Show 6PM EDT! * Hello, Neil Garfield here and this is Thursday June 27, 2019. Tonight, we talk about the uphill battle for pro se homeowners and lawyers for homeowners in the current judicial environment. * Both lawyers and…[...]

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Thursdays LIVE! Click in to current episodes of The Neil Garfield Show or prior episodes Or call in at (347) 850-1260, 6pm Eastern Thursdays =========================== Both lawyers and pro se homeowners are continually frustrated by the Dickensian process of the courts. If you don’t know what that means, go read Bleak House by Charles Dickens. If nothing else just read the first…[...]

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A recent decision from the 1st Circuit of the U.S. Court of Appeals applying FRE 803(6) states the current law --- whether you like it or not. Pretending these decisions don't exist or trying to avoid them is both pointless and highly likely to undermine your credibility in any other narrative or argument. Note that SCOTUS Justice Souter not only…[...]

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Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, Motions, Servicer |

This decision is extremely important for 2 reasons. 1st, it reaffirms a right under federal law to bring an action for damages for fabrication of evidence. 2nd, and equally important, it establishes that the time to bring such a claim does not start until the conclusion of litigation, whether successful or unsuccessful. see Article on McDonough v Smith McDonough v.…[...]

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Tags: McDonough v. Smith
Posted in Corruption, discovery, evidence, Fabrication of documents, Pleading, Servicer |

While I have often expressed my opinions regarding how to conduct discovery, the article written by Donna Welch, Esq., and Kaitlin L. Coverstone of Kirkland and Ellis LP in Chicago Illinois presents a clearer and more concise blueprint for planning and executing discovery. see SHAPING DISCOVERY Some notable quotes: Have a strategy. Rather than sending a huge number of overly broad requests…[...]

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Without naming names, I recently responded to an email insisting that I take judges to task for "bad rulings." I've been a trial lawyer for more than 42 years, tried over 2,000 cases and I have reviewed the results of more than 10,000 foreclosure cases. While "bad rulings" are common they are neither produced by incompetence or corruption. Most bias…[...]

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Thursdays LIVE! Click in to WEST COAST The Neil Garfield Show Hosted tonight by Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Robosigning is the act of placing a signature on a document on behalf of a person who knows nothing about the document, and who probably has no authority to perform the act that…[...]

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