Originally published in October, 2008 this is a revised version of an article that correctly articulated the main weak points in the cases being presented for enforcement of mortgages and deeds of trust. Back then I made a few errors as to the actual duties of the trustee. I found out later that there were no parties charged with the…[...]

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Originally posted in November, 2008 this illustrates what happens when you destroy notes and then "recreate" them for purposes of claiming you have the original in court. The fact remains that neither of them had the original note because, as the Florida Bankers Association told the Florida Supreme Court, it was industry practice to destroy the notes and then rely…[...]

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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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Tags: ARTICLE 9, assignment of mortgage, consideration, Transfer of mortgage, UCC, UNIFORM COMMERCIAL CODE
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

 “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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