If you have a medical problem do you want just one doctor to look at your lab results or a team of doctors each doing their own analysis? The same question applies if you are heading into litigation. The problem for homeowners is that having a deep bench of professionals costs money. That is the way our system works, for…[...]

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Tags: forensic analysis, forensic report, legal analysis, strategy, tactics
Posted in Uncategorized |

If you want to show examples of what you are alleging and can prove at trial (after discovery) the recent rules and decisions of the federal courts may help, if you are careful. Submission of illustrative materials is most probably advisable in federal practice. It might be allowed in state courts as well. The submission is used after complaint is…[...]

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Tags: 12(b)(6), 12(c), 7th Circuit, Federal rules, illustrative materials, Marion Healthcare, motion for judgment on the pleadings, motion for sumamry judgment, MOTION TO DISMISS, pleading requirements, Supreme Court
Posted in Uncategorized |

For those who are willing to do the work, events after the "sale" of the foreclosed property will probably reveal the puppets and at least point to the puppet-masters. As you investigate each named party leads to a dead end without any legal entity who is responsible for the actions taken. I have a client who is in a predicament…[...]

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Tags: AHMIC, American Brokers Conduit, American Home Mortgage Investment Company, Eviction, TRUTH, Unlawful Detainer, websites
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Sheila Bair (ex FDIC Chairwoman) has always understood. She was fired for understanding. It's hard to understand that the TBTF banks were NOT speculating and never lost any money. Harder still to understand how they stole trillions of dollars from the US economy. And finally harder still to understand how "lenders" could cause a crash. It's really quite simple. Usually…[...]

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Tags: Citi, facts versus presumptions, FDIC, housing, legal presumptions, real facts, Sheila Bair, TRUTH, Wells Fargo
Posted in Corruption, Servicer |

INVERTING CREDIBILITY Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight Charles Marshall is on to discuss one of his favorite if unpleasant topics: Institutional Bias in the foreclosure arena directed at Homeowners. There are many layers and associated pieces to this situation, which I will discuss on the show: - Institutional…[...]

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The simple answer is that the debt, or the claim on the debt, ends 20 days after notice of rescission. Otherwise the statute 15 U.S.C. §1635 and SCOTUS would have had no meaning when it says that the rescission is effective by operation of law at the time the notice is delivered. It provides a  very short window for "lender's"…[...]

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Tags: 15 U.S.C. §1640, 15 USC §1635, Common law rescission. Statutory rescission, jesinoski, SCOTUS, statute of limitations, TRUTH
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Ambac Sues Deutsche Bank Over $900M RMBS Trust Losses Ambac asked a New York federal court Thursday to release it from an obligation to insure some of the $900 million in losses suffered by a residential mortgage-backed securities trust managed by Deutsche Bank National Trust Co., saying the banking giant did not hold the underlying loan issuer accountable. https://www.pacermonitor.com/public/case/25370385/AMBAC_Assurance_Corporation_v_Deutsche_Bank_National_Trust_Company Let…[...]

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One of the fundamental cancers growing out of the "Securitization" craze is that it opened the door to financial scams of increasing diversity. The article below demonstrates one of those scams. None of this would be possible if it were not for the fact that "securitization" was and continues to be a scam as to residential loans starting in the…[...]

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Tags: Florida, REMIC, securitization, TRUTH
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A client of our internet services store asked a simple question. He had asked the opposing side if they were a holder in due course. What he received was evasive and misleading and essentially never answered the question. Now what? Below is my answer to his question and what we will be discussing tonight on the The Neil Garfield Show How…[...]

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Tags: ARTICLE 3, ARTICLE 9, HOLDER, holder in due course, legal presumptions, Presumed facts, TRUTH, UCC
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A new publication has come to my attention that every trial lawyer should have, regardless of where they practice. It's entitled NEW YORK OBJECTIONS. Obviously once you latch on to a point you would need to refer to the laws of evidence in your state or the laws of evidence in Federal proceedings or both. But because of constitutional protections…[...]

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Tags: evidence, FOUNDATION, TRIAL OBJECTIONS
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