Danielle Kelley, esq., my law partner frequently says she likes to start with the jury instructions because that is where everything is boiled down to their simplest components. I think it is wise to make references to the standard jury instructions (plus the fact that they were introduced as an amendment to the Florida rules of Civil Procedure --- thus…[...]

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Tags: admissible evidence, BREACH, commercial litigation, contracts, elements of contract, financial injury, florida standard jury instructions, implied contracts, loss
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

Modifications are like a dirty word in the marketplace. Frustration, chicanery, luring borrowers into default, and crating modifications that are bound to fail so that the banks can get that ever precious foreclosure sale. But there is another side to it, as our guest writer David Abellard points out below. And while I think the entire mortgage foreclosure thing is…[...]

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Tags: Abellard, home loans, interest rate reduction, Krasker, modification, mortgage modification, princnipal reduction
Posted in Corruption, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |

Looks like I will be in South Florida starting the beginning of April and will not be leaving until around the 17th or 18th of the month. I know several of you have been asking for time with me while I am on the road and staying in South Florida. I will be meeting people at our Broward office and…[...]

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Posted in Uncategorized |

Some of you might remember that I had a representative of the law firm of Paul Krasker on The Neil Garfield Show,  which airs on Thursday nights at 6 PM for 30 minutes. Krasker has taken a disciplined niche approach to the foreclosure problem and I think his firm has done a very good job of it. While lots of…[...]

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Tags: credit brain, CREDIT REPAIR, credit restoration, Da'Vid Abellard, Paul Krasker
Posted in Corruption, foreclosure mill, Modification, Servicer |

Click to tune TONITE in on The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays LET'S PROCEED STEP BY STEP. - Based upon actual documentation filed with the SEC 1. let's assume that the mortgage is defective because it was not perfected. The note described a party who was not the creditor and gave no notice as…[...]

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Tags: 10-K annual report, assignments, date of assignment, date of transaction, Fannie Mae guarantee, Fannie Mae Master trustee, mortgage bonds, payments on behalf of investors, payments to investors, Pooling and Servicing Agreement, Prospectus, Servicer advances
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

In a short written opinion Judge William J Zloch, formerly of Notre Dame football fame (quarterback and wide receiver) dealt a huge blow to bankers pretending to be lenders and servicers pretending to be bankers. For him the issue was simple. And he is right. His opinion contains irrefutable logic. Ocwen wanted to escape trial by jury because the mortgage…[...]

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Tags: Florida Southern District, Ocwen, trial by jury, waiver of trial by jury, Wells Fargo, Zloch
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Pleading, Servicer |

The issue is what are the elements of the loan contract? Who are the parties? And who can enforce it? I would agree that an overpayment at closing from the source of funds is rare. What is not rare and in fact common is that the wire transfer instructions that accompany the wire transfer receipt often instructs the closing agent…[...]

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Tags: acceptance, borrowers, closing table, consideration, contract law, debt, documentation, homeowners, investors, lenders, Mortgage, note, offer
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

There have been multiple questions directed at me over the issue of consideration arising from presumptions made about a note and mortgage that appear to be facially valid. Those presumptions are rebuttable and indeed in many cases would be rebutted by the actual facts. That is why asserting the right defenses is so important to set the foundation for discovery.…[...]

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Tags: adequacy of consideration, consideration, contract law, credit bid, creditor, creditor bid, discovery, foreclosure sale
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, Servicer |

Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays It has been my contention all along that these cases ought to end in the discovery process with some sort of settlement --- money damages, modification, short-sale, hardest hit fund programs etc. But the only way the homeowner can get honest terms…[...]

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Tags: Bank of America, bank of new york, competency of witness, depositions, discovery, foreclosure defense, Mellon, modification, objections to discovery, personal knowledge, short-sale, Urban Lending Solutions, Wells Fargo
Posted in Corruption, evidence, foreclosure defenses, Modification, Motions, Pleading, Servicer |

Wells Fargo Manual "Blueprint for Fraud" Hat tip to my law partner, Danielle Kelley, Esq., for sending me the manual and the reports on it. Anyone desirous of a consultation on the application of what is on this blog, must either be a lawyer or have a lawyer who is licensed in the jurisdiction in which the property is located.…[...]

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Tags: Bank of America, business records exception, Chase-Wamu merger, competency of witness, conflict of interest, hearsay, hearsay upon hearsay, JPM CHASE, Master Servicer, REMIC trusts, sub servicer, Urban Lending Solutions, WAMU Loans
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |