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…[...]

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Posted in foreclosure defenses, Foreclosure Questions |

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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The issue is jurisdiction. Lawyers filed papers for AWL but AWL was dissolved as a corporation. The lawyers countered with the allegation, on appeal, that AWL was a fictitious name for Countrywide without specifying the location of CW. Hence no diversity of jurisdiction could be supported by the allegations in the notice for removal. The claim of diversity was not…[...]

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Tags: 9TH CIRCUIT, america's wholesale lender, AWL, countrywide, diversity, jurisdiction, litigation privilege, remand, removal
Posted in foreclosure mill, legal standing, Motions, Pleading |

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 Fraud can be a very effective claim or defense. But it is not an easy claim. Fraud must be both pled and proven clearly and convincingly. Some view the burden of pleading and proof as unfair when compared…[...]

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Attacks on technical deficiencies of assignments of mortgage is a great place to start, but it is not the finish line. This is a follow up with the radio show we did last week on cancellation of assignments of mortgage, and upon successful cancellation of the assignment(s), the further cancellation of the notice of substitution of trustee, the notice of…[...]

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Tags: Cancellation of assignment, cancellation of instrument, Cancellation of Lis pendens, cancellation of notice of default, cancellation of notice of sale, cancellation of notice of subsitution of trustee, dismissal of foreclosrue lawsuit
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

DiTech was not a lender. It was a sales agent or loan broker. Nonetheless a new agreement has been executed in which major creditors of DiTech are resurrecting the illusion that the current use of the DiTech name is sufficient to establish ownership of the debt, note or mortgage on any loan that was "originated" by DiTech. This is nothing…[...]

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Tags: bankruptcy, DiTech, GMAC, orphan loan
Posted in Corruption, discovery, Fabrication of documents |

As a quasi government agency Fannie Mae is forced to be forthcoming about its role in lending. But the wording of disclosures mostly come from Wall Street investment banks. In the latest description of Fannie's current activities the wording is carefully crafted to avoid referring to ownership of the debt, but the substance is the same. By shifting the 95%…[...]

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LISTEN TO SHOW * Hi Neil Garfield here and this is Thursday April 11th, 2019. Transfer of ownership of a debt means a purchase and sale of the debt and with it, in the form of an assignment of mortgage, the right to enforce the debt by judgment for damages or foreclosure. Bill Paatalo will join me in a moment to discuss cancellation of the assignment and related documents.…[...]

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Tags: Al West, Canc ellation of notice of default, Cancellation of assignment, Cancellation of Lis pendens, cancellation of notice of sale, Cancellation of notice of substitution of trustee, investigator bill paatalo
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Small business owners should think about what happened to homeowners when they failed to get advice of counsel and failed to get advice from a financial adviser. Millions of homeowners lost their homes, their reputation and suffered permanent damage to their financial identity. Many ended up in divorce, suicide and stress related illnesses. The pressure from the lender to accept…[...]

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