Lots of question and comments about the Neil Garfield Show last Thursday. I explained the real context for settlement and it provoked quite a bit of discussion. Since many people asked for a transcript, here is a transcript that is almost verbatim but leaves out some comments that were made extemporaneously on air. Hi Neil Garfield here and this is…[...]

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For ten years, Gary Dubin in Hawaii has been practicing law defending homeowners from foreclosure. He has preached his own version of how to combat foreclosure fraud. And he has practiced what he preached. I find his work enlightening and refreshing. So when I read his Proposed Mortgage Integrity Act (MIA) I decided to republish it in its entirety. Some…[...]

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Tags: derivatives, gary dubin, judicial oversight, shadow banking
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

When TILA rescission has occurred the encumbrance is eliminated and the debt converts from one arising from a promissory note to one arising from a statute --- 15 USC §1635. The debt then becomes subject to the statute of limitations for claims under TILA because the debt now arises under TILA. If the statute has run the debt is barred.…[...]

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Tags: Regulation Z
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SETTLE OR DON'T SETTLE? Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq.  Call in at (347) 850-1260, 6pm Eastern Thursdays You can always settle any case by horse trading on the amount due, when it is due and at what intervals and interest rate. But more and more lawyers are asking the right questions…[...]

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Watch out for the discrepancy between enforcement of a note and enforcement of an encumbrance. Enforcement of the note requires proof that the claimant is the owner of the debt, or has been authorized by the owner of the debt to enforce the note. Enforcement of the mortgage requires that the claimant be the owner of the debt.  Judgment on the note can be rendered based upon legal presumptions arising from the UCC as adopted by state law as it…[...]

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Tags: Article 3 UCC, article 9 UCC, DEED OF TRUST, Mortgage, negotiable instrument, note, presumptions
Posted in evidence, foreclosure defenses, legal standing, Pleading |

Is it better to lawyer up or is it better to go it alone? Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq.  Call in at (347) 850-1260, 6pm Eastern Thursdays We all know the theoretical answer. If you go into an operating room at a hospital you want a doctor doing whatever needs to…[...]

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Legal procedure is difficult to master in one sweep. But in all events you should know that everything before trial is strictly procedure and that your notions about right and wrong are almost besides the point. The purpose of procedural rules is to enable the parties to narrow the issues that must be decided and that usually means testing the…[...]

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One common thread in the emails I receive is the complaint that the borrower's lawyer failed to agree or find that the the debt, note  or mortgage was owned by a trust. The reason for that is that in order for "the trust" to be the owner of the debt, it must exist. In most cases, if you look carefully…[...]

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Client goes into the office of an attorney and tells him/her that a notice of rescission was sent. The attorney without studying the issue says the rescission never happened. And so it goes. In my opinion once the time limits have expired on claims arising from TILA (which includes the debt) the county recorder should remove the encumbrance from the…[...]

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The answer is complicated. On its face and on its own the answer is obvious: since MERS never has any ownership of the debt or the note, it cannot transfer either one. It specifically disclaims such interests on its website and all agreements in which it is a party. Since it has nothing to convey it conveys nothing even in…[...]

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