For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence. The situation worsened when Florida and courts in other states turned down the homeowner's demand for…[...]

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Tags: Article 3 UCC, attorney fees for homeowners, extrinsic evidence, Fla Supreme Court, glass v nationstar, Ivanova, negotiability, parole evidence
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, legal standing, Pleading, Servicer |

Homeowners are losing to legal presumptions arising from apparently facially valid documents. Thus defensive strategies, tactics and narratives should include a robust attack on the facially validity of the instruments relied upon by parties seeking foreclosure. In most cases the grounds for such an attack are present --- but only upon careful reading and review of the instrument. Looking a…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight's Show Hosted by Neil Garfield with Charles Marshall and Bill Paatalo Call in at (347) 850-1260, 6pm Eastern Thursdays Virtually every document offered by lawyers who purport to represent the banks, trusts and servicers does one or more of the following: Refers to another document without specifically identifying the document Conflicts with…[...]

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see NLRG Defending Student Loan Claims First let me say there ARE differences. But mostly you are dealing with the same or similar issues. Who actually made the loan? Who actually owns the debt? Do they have the paperwork or are they faking it? Can it be discharged in bankruptcy? http://www.nlrg.com/legal-content/the-lawletter/contracts-investigating-and-defending-against-student-loan-claims One lawyer wrote in to me saying that, like…[...]

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My personal take on this is that borrowers who receive this form for "forgiveness of debt" should probably send a letter or form of contest to the IRS stating the objection to the filing of the 1099-C. The objection or contest should state, in most cases, that this has been filed by a party who had no right, title or…[...]

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Tags: 1099-C, IRS, tax, TRUTH
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THANKS TO EVERYBODY WHO HELPED THE RESISTANCE AGAINST FRAUDULENT FORECLOSURES AND EVICTIONS! AND SPECIAL THANKS TO ALL THOSE WHO CONTRIBUTED TO THE EFFORT HERE AT GTC HONORS, INC., THE LIVINGLIES BLOG, LENDINGLIES.COM, AND THE NEIL GARFIELD SHOW. AFTER 12 YEARS OF DOING THIS IT STILL DRIVES ME EVERY DAY! NEIL F GARFIELD[...]

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Judicial Notice in Foreclosure: Don’t Let a Bluff Become “Fact” Disclaimer: This is educational information, not legal advice. Always consult a licensed attorney in your jurisdiction. Courts see it every day: a foreclosing party waves a stack of papers and asks the judge to “take judicial notice.” If no one objects, myths quietly harden into “facts.” But a document’s mere…[...]

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Posted in Foreclosure Questions |

 A recent request from an old client brought to mind the changes that have occurred, as in her case, since 2011 --- more than 7 years ago. A quick review indicates that the facts were correct but the conclusions need tweaking. And the title record should be updated. Many new laws and case decisions have occurred since that report was…[...]

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Tags: forensic analysis, forensic report, investors, Master Servicer, REMIC TRUST, subservicer, Titile, TRUTH
Posted in Corruption, discovery, expert witness, Fabrication of documents, Servicer |

Thursdays LIVE! Click in to the Neil Garfield Show WEST COAST Show with Charles Marshall and Bill Paatalo Call in at (347) 850-1260, 6pm Eastern Thursdays US Bank is an annoying liar, in my opinion. But actually it isn't them lying which makes it so annoying. It is attorneys and servicers who are allowed to use the name of US Bank as…[...]

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Worth reading Calf Foreclosure Two-Step (2nd Ed)[...]

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