Many of you have essentially asked the same question referring to Article 9 §203 UCC as adopted by the laws of your state. There is no known cause of action for breach of that statute although one might be conjured. It is an interesting suggestion. My reference to it is simple: the statute says that a condition precedent to enforcement…[...]

Continue Reading

Posted in discovery, evidence, expert witness, foreclosure defenses, legal standing, Pleading |

FREE SEMINAR FOR FORENSIC AUDITORS   The analysis of the name being used by the lawyers to present a Plaintiff defeats the existence of a legal person. And and in cases where the the same named Plaintiff has already initiated foreclosure and been dismissed, the findings of fact announced by the prior judge will bar relitigation of the same issues…[...]

Continue Reading

Posted in Uncategorized |

see FREE SEMINAR FOR FORENSIC LOAN AUDITORS The difference between merely writing a report and actually getting its contents admitted into evidence --- and then to get a court to give it enough weight to turn the tide in findings of fact --- is monumental. Anyone can write a report. Whether it is admissible and whether it is credible or…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

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.…[...]

Continue Reading

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