Banks use several ploys to distract the court, the borrower and the foreclosure defense attorney from the facts. One of them is citing a merger in lieu of presenting documents of transfer of the debt, note or mortgage. We already know that the debt is virtually never transferred because the transferor never had any interest in the debt and thus…[...]

Continue Reading

Tags: Ally Financial, BAC, Bank of America, bankruptcy, countrywide, DiTech, DiTech Financial, GMAC, Green Tree, legal standing, mergeres, RED OAK MERGER CORP, Residential Funding
Posted in legal standing |

This 2016 Illinois case corroborates exactly what I have been saying for 11 years. Sleight of hand accounted for the 1st Mortgage that was payable to Lehman Brothers who funded every loan with advances from Investors who then owned the debt. The investors were cut out of the chain of paper and the chain of money. Thus equitable principles were…[...]

Continue Reading

Tags: Citimortgage, documents of transfer, equitable mortgage, equitable subrogation, Lehman Brothers, Parille, transfer, TRUTH
Posted in Uncategorized |

Thursdays LIVE at 6pm Eastern/3pm Pacific! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Investigator Bill Paatalo joins California foreclosure attorney Charles Marshall to discuss one of the most egregious foreclosure decisions in recent history.  An Arkansas Bankruptcy court ruled that bank fraud is an acceptable practices in Shiefer v. Wells…[...]

Continue Reading

Posted in Uncategorized |

For the past decade we have been dealing with the politics of foreclosure. The law of foreclosure has been pushed to the curb because of political decisions. Out of abject terror and total confusion the rule of law has been abandoned in favor of not angering the beast that brought ruin to millions of families. We can help evaluate your…[...]

Continue Reading

Posted in Uncategorized |

We have potential clients for Maryland lawyers who have experience in foreclosure defense. We seek no fee or compensation of any kind. You can use our services for analysis, strategy and/or tactics or not. If you are a lawyer accepting referrals please send an email to neilfgarfield@hotmail.com. If you know of a lawyer in Maryland, please send an email to…[...]

Continue Reading

Posted in Uncategorized |

Hat tip to Bill Paatalo who wrote the main article. See link below. I would like to say that this could have happened only in Arkansas, but that isn't true. Watch how the Court twisted itself into a pretzel in its determines effort to make Wells Fargo win despite admitting to unlawfully altering the note by a forged endorsement. I…[...]

Continue Reading

Tags: debt, evidence of the debt, forgery, money, notes, transfer, TRUTH
Posted in Uncategorized |

With the same false claims of securitization of student debt as purported mortgage loans it is apparent that the courts are treating students differently from homeowners. Although the defenses are identical students are gaining much more traction in collection suits than their counterparts who are battling foreclosure. The article cited below appeared in the New York Times. It spells out…[...]

Continue Reading

Posted in Uncategorized |

Editor's note: Great analysis by investigator Bill Paatalo at BPinvestigativeagency.com. Arkansas courts are known to be some of the most corrupt bankruptcy and foreclosure courts in the country and the Arkansas Judiciary refuses to follow its own laws while catering to the interests of Foreclosure Mill Wilson and Associates.  US bankruptcy trustee Joyce Babin is known for her bank-friendly decisions…[...]

Continue Reading

Tags: ARKANSAS, arkansas foreclosure law, investigator bill paatalo, trustee joyce babin, WAMU, wilson & associates
Posted in Uncategorized |

Here we have a ruling that firmly states the obvious, with widespread ramifications. HELOC (Home Equity Line of Credit) promissory notes represent evidence of a debt depending upon how much the homeowner borrows, repays or otherwise receives advances. It is not a promise to pay a single unqualified amount of money. While the mortgage or deed of trust on the…[...]

Continue Reading

Posted in Uncategorized |

SETTLEMENT NEGOTIATIONS: WHEN THE HOMEOWNER WINS IN LITIGATION, in every case the banks pay amazing amounts of money to the homeowner (and their lawyer) in order to get agreement on sweeping the case under the rug. Homeowners and their lawyers must realize that the settlement value of their case may be worth 1000 times the judgment value of the case.…[...]

Continue Reading

Tags: leverage, modifications, negotiations, settlement, Short-Pay, short-sale, Winning your case
Posted in Modification |