The reason why thousands of cases have been confidentially settled with satisfactions of mortgages, payment of attorney's fees and damages is that the banks are willing to pay anything necessary to preserve the tree (certificates) and the branches (derivatives) and the leaves (minibonds and contracts like credit default swaps). The risk to the investment bank is enormous if the tree…[...]

Continue Reading

Posted in Uncategorized |

In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments. The legacy of the mortgage meltdown and the brainless government policies that let the banks get away with what they had done, is that the…[...]

Continue Reading

Tags: Buffalo foreclosures, claimant, debt ownership, equity, foreclosure proceeds, injured party, New Jersey foreclosures, securitization, US BANK, Wells Fargo
Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, legal standing, Modification, Servicer |

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…[...]

Continue Reading

Posted in Uncategorized |

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/…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

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…[...]

Continue Reading

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…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

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.…[...]

Continue Reading

Posted in Uncategorized |

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…[...]

Continue Reading

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