While the two are often conflated there is a distinct difference between them. In an action to enforce the note it is often presumed that the note is being enforced to pay the debt to a creditor who might not even be identified. But the enforcement of the encumbrance requires actual ownership by an identified creditor. Judges and attorneys commit…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. and William Paatalo, P.I. Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight. Charles Marshall, Esq. and Bill Paatalo, P.I., discuss important new information on the existence of original promissory notes and how they are falsely presented in foreclosure cases. Don't miss it! See Neil's post at https://livinglies.me/2019/03/27/lost-notes-and-the-sudden-appearance-of-original-notes/…[...]

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Think of it this way: If someone wrote you a check for $100, which would you do? (1) make a digital copy of the check and then shred it or (2) take it to the bank? Starting with the era in which banks made what is abundantly clear as false claims of securitization the banks all chose option #1. And…[...]

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Tags: DESTROYED NOTE, Elizabeth Warren, Florida bankers Association, Florida Supreme Court, Katie Porter, lost note, pretender lenders
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, Servicer |

A new report from the Federal Reserve Board identifies the central issues confronting regulators --- issues that regulators have avoided assiduously. The bottom line is that the FED knows that it lacks accurate information and knows that it is not confirming information given to it by banks who are now all in the background of lending. The real information should…[...]

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Posted in bubble, Corruption, discovery, foreclosure defenses, legal standing, Modification, Motions, Pleading, Servicer |

Listen at http://www.blogtalkradio.com/neilgarfield/2019/03/21/holding-lawyers-and-banks-accountable-for-presenting-false-claims Hi Neil Garfield here and this is Thursday March 21st, 2019. Happy first day of Spring!  Winning foreclosure cases. Sometimes it is the homeowner. Reminds me of the old story in Spain which I won’t repeat. If it’s the homeowner it’s only because the homeowner defended aggressively and the bank or servicer had nothing. And so, in a way this show is devoted to the…[...]

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Amongst the constant placement of article promoted and paid for by the banks that celebrate our supposed recovery from the mortgage meltdown is a new spate of articles that say otherwise. Rather than recovering we have merely papered over the problem allowing the banks to do it again. And worse, I would add, is the continuation of a general policy…[...]

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Tags: CLS, Collateralized Loan Obligations, William D Cohan
Posted in Corruption, Fabrication of documents, foreclosure mill, securities fraud, Servicer |

  Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays In the Case of OBDUSKEY v. MCCARTHY & HOLTHUS LLP, decided yesterday, March 20, 2019, a unanimous but ambivalent Supreme Court of the United States decided that lawyers are not debt collectors in non judicial states.…[...]

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If you are going to challenge a foreclosure or sue for wrongful foreclosure and fraud, you need to know what you are doing and know what your opposition has been doing. You also must know what to do about it because knowing is not enough. You need to convince a judge who starts from a bias of upholding "contract" because…[...]

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Tags: drafting, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

While this case could have the effect of barring all those cases that are over 6 years old (NY Statute) where acceleration occurred, it does nothing in those jurisdictions like Florida that have twisted logic to create a virtual deceleration allowing the statute of limitations to continue running. The logic and precedent cited by this NY court, Appellate Division, is…[...]

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Departing from my usual format, there are a few things I want to say to people who are looking for relief from foreclosure and are hearing what they want to hear. ONLY A COURT ORDER CAN STOP A FORECLOSURE. THERE ARE NO EXCEPTIONS YOU CAN'T GET A COURT ORDER UNLESS YOU FOLLOW THE RULES AND THE LAW. NOBODY HAS EVER…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |