Martha Coakley gets it. Read her letter. Being a politician she does not say that the abstract fear of strategic defaults on all loans across the board is absurd. Well, actually she does say it. Principal reductions and ending patently illegal policies preventing homeowners from buying back their own property at auction are at the center of the solution to…[...]

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Tags: AMGAR, discovery, Fannie Mae Master trustee, Freddie Mac, hardest hit fund programs, LITIGATION, modification, short-sale
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

Neil is stuck in traffic on I-95 and will not be able to make the show tonight. We apologize for any issues this may of caused and will continue our show next week! Have a Great Weekend![...]

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SEE AMICUS BRIEF AT END OF ARTICLE It is interesting to watch the evolution of thought in the Courts. But it is also infuriating. They treat false claims of securitization as a novel issue; but in fact, there is nothing novel about Ponzi Schemes, and other types of fraud. Yet the Court continue to ponder the issue, probably wondering how…[...]

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Tags: Hooker v Northwest Trustee Services, Wells-Fargo-v-Erobobo-Amicus-Brief
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Parties claiming a right to foreclose allege they are the "Holder" and do not allege they are the holder in due course (HDC) because they are ducking the issue of consideration required by both Article 3 and Article 9 of the UCC. So far their strategy of confusion is working. They are directly or impliedly claiming they are the holder…[...]

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Tags: article 9 UCC, Assignment of mortgage under Article 9, debts, holder in due course. UCC, holder under Article 3, mortgages, notes, originator of loan, originator of note execution, secured transactions, structured finance, UCC, UCC Article 3, UNIFORM COMMERCIAL CODE
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure defense attorney. The note, mortgage…[...]

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Tags: assignment, best evidence, evidence, FOUNDATION, hearsay, Mortgage, note as evidence of the debt, OBJECTIONS
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

The complexity of money is not apparent to us until we parent a child who asks about it. It doesn't take long for us to get stuck, not knowing the answer to the child's questions. What is money? Where does it come from? Where does it go? Where is our money? Does the bank have all our money? What does…[...]

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Tune in. I’ll be answering questions tonight. Remember this is not legal advice on any particular case and is NEVER to be taken as a substitute for advice from a lawyer licensed in the jurisdiction in which your property is located. Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Zone…[...]

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I have spent the last 7 years developing the narrative for an expert opinion that could be presented, believed and sustained in court. In writing to a probable new expert we will offer through the livinglies.store.com I summarized what attorneys should be looking for when they consult with an expert in structured finance (i.e., derivatives, securitization etc.). Here  are some…[...]

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Tags: borrower, disclosure, expert, EXPERT DECLARATIONS, EXPERT EVIDENCE, expert opinion, expert witness, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, Mortgage, mortgage note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

I recently received the following email from a former US Government Criminal Fraud Investigator. I thought I would share it with you. ----------------------------- I agree 100 percent with your findings.   I am a former Agent for the US Government Criminal Investigation Division and have investigated many, many foreclosure cases, most of which I  have found  absolute fraud, misrepresentation, fraudulent, fictitious, manufactured…[...]

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Regulators have confirmed that there were widespread errors by banks but that the errors didn't really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn't have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance alleged to be due could…[...]

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Tags: appraisal fraud, bailout, borrower, disclosure, foreclosure defense, foreclosure fraud, foreclosure offense, LOAN MODIFICATION, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Pleading, Servicer |