Kudos again to Jim Macklin for sitting in for me last night. Excellent job --- but don't get too comfortable in my chair :). Lots of stuff in another mini-seminar packed into 28 minutes of talk. A big point made by the attorney guest Charles Marshall, with which I obviously agree, is don't admit the default in a foreclosure unless…[...]

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Tags: appraisal fraud, bankruptcy, borrower, disclosure, foreclosure, foreclosure offense, investors, Lender Liability, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, Servicer |

Click in tonite— tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm EST Thursdays Guest Host Tonight is Jim Macklin, Managing Director, Secure Document Research located in Nevada. He has been a guest speaker on the show before. A dynamic speaker and presenter, he has assisted me in presenting seminars for CLE credit for lawyers.…[...]

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Official Transcript Case Number 40-0918273 CA Mr. Smith: Your Honor this foreclosure suit was filed over 5 years ago. It is time for judgment to be entered. We have never loaned the Defendant any money, so we can’t be held to have violated any lending laws as the Defendant asserts. We never purchased the loan so we can’t be held…[...]

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Jim Macklin and Dan Edstrom did a great job of packing a great deal of information into 28 minutes of talk time on the Neil Garfield Show last night. I am taking a couple of weeks off the show to do some common follow-up procedures to my heart surgery two years ago. Jim Macklin stepped in and did a great…[...]

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Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Click in tonite--- tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays Guest Host Tonight is Jim Macklin, Managing Director, Secure Document Research located in Nevada. He has been a guest on the show before. A dynamic speaker and presenter, he has assisted me in presenting seminars for CLE credit for lawyers. His guest…[...]

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Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I appear to have sparked some controversy over my comments that were directed at modifications and servicer advances --- subjects that are not necessarily related. But they could be related -- as where the homeowner seeks a modification on which there have been servicer advances. So to answer some questions about Modifications, I will first state that no article on…[...]

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Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

In the financial world we don't measure just the amount of principal. For example if I increased your mortgage principal by $100,000 and gave you 100 years to pay without interest it would be nearly equivalent to zero principal too (especially factoring in inflation). A reduction in the interest rate has an effect on the overall amount of money due…[...]

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Tags: credit default swaps, guarantees, inflation, insurance, interest reduction, loss sharing, lowering your payments, PRINCIPAL REDUCTIONS, term of loan
Posted in Corruption, discovery, evidence, expert witness, foreclosure mill, Modification, Motions, Servicer |

I have frequently commented that one of the first things I learned on Wall Street was the maxim that the more complicated the "product" the more the buyer is forced to rely on the seller for information. Michael Lewis, in his new book, focuses on high frequency trading --- a term that is not understood by most people, even if…[...]

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Tags: appraisal fraud, bailout, countrywide, disclosure, Fannie, foreclosure, foreclosure defense, foreclosure offense, FORECLOSURE SETTLEMENT, fraud, RESPA, securitization, TILA audit
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Several people are issuing statements about servicer advances, now that they are known. They fall into the category of payments made to the creditor-investors, which means that the creditor on the original loan, or its successor is getting paid regardless of whether the borrower has paid or not. The Steinberger decision in Arizona and other decisions around the country clearly…[...]

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Tags: broker-dealer, creditor, investment bank, Investor, mortgage loans, pooling and servcing agreement, Prospectus, Servicer advances
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Servicer |

Carol Molloy is our guest tonite. She is a foreclosure defense litigator who is a member of the Bar in Tennessee and she used to practice in Massachusetts. We are going to be talking about non-judicial foreclosures, due process and the facts on the ground. Tune in The Neil Garfield Show,  which airs on Thursday nights at 6 PM for…[...]

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