This is an insider case filed in April 2018. The ironic aspect of this case is the probability that Nationstar probably does not have standing. But that aside, for those who remain skeptics about what I have been writing about, here is an unexpurgated recitation of all the ways that all the loans, debts, notes and mortgages were fabricated based…[...]

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Tags: Mr. Cooper, Nationstar, Pleading, securitization fail
Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

Thursdays LIVE! Click in to the EAST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays   All foreclosure cases are on life support. In all cases you need to do the proper investigation, analysis and legal research. But the key component is persuasive presentation. In banks vs. homeowner the banks win…[...]

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Posted in Uncategorized |

There is no doubt in the minds of most serious trial lawyers who dig deep enough that homeowners can and should win all or most of the foreclosure cases. There is also little doubt that homeowners will lose by default or by inadequate presentation and well-founded attacks on the foreclosing party's existence and ownership of the loan. But in the…[...]

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Tags: ATTORNEY FEES, court costs, fraud, justice, Legal Aid, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents |

Most people, including homeowners, believe that the homeowners do owe the money and that the entities that are attempting to foreclose should win. That is why the free house myth is so pervasive. The result is that foreclosures are being granted to entities that (a) do not exist or (b) have nothing to do with the loan, debt, note or…[...]

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Tags: article 9 UCC, cross examination, free house, holder in due course, TRIAL OBJECTIONS, UCC Article 3, underwriting
Posted in Uncategorized |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays A couple of years ago I had a Federal judge ask me directly, during my closing argument, whether I thought the people responsible for these foreclosures should be in jail. My response was immediate and unequivocal. YES.…[...]

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Posted in Uncategorized |

I'm sharing the wording I use in my TERA and Case Analysis reports now. I think the benefit of this wording is that it fills in the blank on who is the real creditor (owner of the debt). Hopefully it answers the following informal question lurking in the context of mortgage litigation: "If the parties claiming enforcement rights are not…[...]

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Tags: assignment, BURDEN OF PROOF, indorsement, OBJECTIONS, owner of the debt, presumptions, third party strangers, TPS, transfer
Posted in Uncategorized |

Once a trial has been conducted, there can never be another trial with the same parties disputing the same facts and issues. The only exception is a court order vacating the judgment AND ordering further proceedings to determine all or some of the facts. The bottom line is that the rules permitting the filing of a motion for rehearing or…[...]

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Tags: DEBT COLLECTOR, Federal court, motion for summary judgment, motion to vacate, reconsideration, rehearing
Posted in foreclosure defenses |

Thursdays LIVE! Click in to the EAST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays   see https://livinglies.me/2018/10/17/if-it-is-their-case-then-they-must-prove-it/ Foreclosure defense essentially boils down to three major categories. Procedural errors, lack of standing and absence of an actual creditor. * Procedural errors involve improper notice, improper accounting, and inconsistent documents. * As for no creditor and no party with standing,…[...]

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Tags: BURDEN OF PROOF, legal presumptions
Posted in Uncategorized |

As I have said since 2006, the burden of proof should not shift to homeowners until the pretenders have made their case. To get rid of legal presumptions homeowners need only prove a credible narrative (like probable cause) that the documents are fabricated or falsely executed. After that, what is the harm of making the pretenders actually prove their case?…[...]

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Tags: authenticity, BURDEN OF PROOF, credible, presumption, self-authentication, validity
Posted in Uncategorized |

Foreclosure defense litigants usually find themselves in a fog of questions they can't answer. That is because the banks are using a tactic that I have called "step-over." If they can't prove an essential element of a case they step over it and pretend it was already established before. ADMIT NOTHING. ASSUME NOTHING. Let us help you plan for trial…[...]

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Posted in Uncategorized |