Originally posted in September 2008, here is my update of issues that lawyers, regulators, judges and even borrowers have still not quite absorbed: Some time ago we mentioned on these pages that the auditors who certified the financial statements (KPMG, here) would come under intense scrutiny simply because they MUST have known, by simple common sense, that the economics of…[...]
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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall and Bill Paatalo Call in at (347) 850-1260, 6pm Eastern Thursdays It's not so easy to ascertain the name of the Plaintiff in foreclosure cases, where the Plaintiff is named as "U.S. Bank as trustee for XYZ Trust." But the sanctions that might be expected in a…[...]
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First the investment banks told the servicers to initiate foreclosure which they were more than happy to do since they were being paid ridiculous sums of money to do whatever they were told to do. Claims of securitization were routinely denied (2004-2009). The banks said there were no trusts (oddly enough they were actually telling the truth about that). Of…[...]
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Hello, Neil Garfield here and this is Thursday April 25, 2019. Tonight I am going to tell you why we do what we do and introduce you to the use of administrative law processes to reveal the bare essentials about the foreclosure against you. * And by that I mean that the case does not exist in substance even if it appears…[...]
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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield Call in at (347) 850-1260, 6pm Eastern Thursdays Remember in the movie "The Firm" with Tom Cruise when he said "it's not sexy but it has teeth"? That is administrative law. combined with civil law and litigation. The character Cruise played was talking about mail fraud.…[...]
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The human mind fills in voids wherever they occur. The mind fills it in with data that normally occurs between one data point and another. So when we read a response from "the servicer" our minds automatically fill in the gaps resulting in our perception that a valid document or response is what we are holding when in fact it…[...]
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Every time a homeowner wins in foreclosure the investors are actually protected. It's the sale of the property and/or entry of the foreclosure judgment that cuts investors off from their investment. Weird, right? An article in the recently published Florida Bar Journal illustrates perfectly the confusion that occurs within the courts and by lawyers when they stray from the simple…[...]
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“It’s unusual that we’re in this position, but it’s unusual that any bank would dare do what they’re doing and think they are above the law like this.” - Bruce Jacobs, Miami Foreclosure Defense Lawyer. Kudos to Jacobs for doing some real lawyering. It is all in the details. Just assume they don't have the goods and keep asking for…[...]
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Disclaimer: This article is for educational purposes only. It is not legal advice. Always consult with a licensed attorney about your case. Why Fraud Claims Are Powerful — and Difficult Fraud can be one of the most effective claims or defenses in foreclosure litigation. But fraud is also one of the hardest claims to win. Courts require it to be…[...]Continue Reading
On my way out the door for the weekend, but wanted to post this. It's validation of what we all know. But it also puts a plan on the table to stop the continuing damage and heal some of the damage caused by the banks. The banks have been regularly and arrogantly rampaging the weaponized justice system to gain more…[...]
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