Today is National Honesty Day. While it should be a celebration of how honest we have been the other 364 days of the year, it is rather a day of reflection on how dishonest we have been. Perhaps today could be a day in which we say we will at least be honest today about everything we say or do.…[...]

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Tags: appraisal fraud, auction fraud, Bank of America, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure fraud, foreclosure offense, modification, predatory lending, securitization, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

It is important that the content of the report dealing withservicer advances be argued strenuously.Servicer advances have been received by the creditor, thus reducing the amount the creditor is expecting to be paid. Hence there should be reduction in the amount that is due from the borrower --- to the extent thatactual payments have been received by that creditor on…[...]

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Tags: default, notice of acceleration, notice of accleration, Servicer advances
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

We are always evolving either in the way we look at or express the original ideas and strategies I proposed back in 2007. Here is a summary that litigators might find helpful in preparing their pleadings or motions to enforce discovery. ---------------- SUMMARY OF PRESUMPTIVE FACTS The facts upon which this blog is based are summarized as follows: Actions relating…[...]

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We are re-working the format to include actual live questions during the program and, if the format works, then extending the show to more than 30 minutes. My recovery from medical procedures and the side effects of medications is going very well. I look forward to spending time with you next Thursday at 6PM EST. The topic will be modifications…[...]

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The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) --- not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by a false beneficiary on a…[...]

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Tags: borrower, creditor, disclosure, escrow agent, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, predatory lending, securitization, TILA audit
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Thanks to everyone for their good wishes and prayers. It worked. I am much better now, still recovering but regaining my strength and mental clarity. Thanks so much to everyone who reached out to me. I will be in South Florida longer as a result of the this medical interlude so you can reschedule your appointments. Best regards Neil[...]

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Every lawyer defending Foreclosures has heard the same thing from the bench just before a ruling in favor of the pretender lender --- the homeowner did not meet its burden of proof and therefore judgment is entered in favor of the "bank." The fact that the pretender lender is a bank makes the judge more comfortable with his assumption that…[...]

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Tags: acceptance of offer of loan, consideration for loan contract, enforcement of loan contract, loan contract, offer of loan, quasi contract, Wells Fargo manual
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

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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