NOTE: This post is for attorneys only. Pro se litigants even if they are highly sophisticated are not likely to be able to apply the content of this article without knowledge and experience in trial law. Nothing in this article should be construed as an acceptable substitute for consultation with a licensed knowledgeable trial lawyer. If you need help…[...]

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Tags: BofA, business records exception to hearsay rule, competency of witness, credibility, exception to hearsay rule, FOUNDATION, hearsay, OBJECTIONS, records custodian, TRIAL OBJECTIONS
Posted in evidence, foreclosure defenses, foreclosure mill, Modification, Pleading |

The guest this week is Danielle Kelley, Esq. partner in Garfield Kelley and White, LLC, and a veteran of the foreclosure wars. She will be talking about enforcement of modifications, trial payments and when forbearance agreements become settlements. Hosted by Neil Garfield. Sponsored by Livinglies, GTC Honors, Garfield Kelley and White and contributions to the LivingLies website from listeners like…[...]

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I am making arrangements to be in South Florida to meet with attorneys, other professionals and clients (existing and prospective) starting around February 24 and continuing for about a month. If you wish to make an appointment for a consultation or preregister for what is now a tentative seminar please call 954-495-9867 or email me at neilFgarfield@hotmail.com.[...]

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Posted in Uncategorized |

Beth Findsen, Esq. of Scottsdale, Az who is arguably one of the best legal writers in the country, along with our own Danielle Kelley, Esq. in Tallahassee, has written an article that I think captures the essence of the Steinberger. You can read the entire article HERE. As usual, Beth succeeded in stating the point in far less words than…[...]

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Tags: Beth Findsen, Steinberger
Posted in Uncategorized |

Mark Stopa, Esq., from the West side if Florida, points out that he and other lawyers are winning cases without the benefit of some recent trial and appellate decisions. Our own experience at Garfield, Kelley and White LLC, shows the same results. In that respect I did a disservice to myself and my partners. Many lawyers did not get their…[...]

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Zerohedge.com notes that JP Morgan has cornered the market in gold derivatives. They ask how the CFTC, who supposedly regulates the commodities markets could have let this happen. I ask some deeper questions. If JPM has cornered the market on those derivatives, is this a reflection that they, perhaps in combination with others, have cornered the market on actual gold…[...]

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Tags: broker dealers, gold, gold derivatives, Goldman Sachs, investment banks, JP Morgan, REAL PARTY IN INTEREST, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

JOIN US EVERY THURSDAY AT 6PM Eastern time on The Neil Garfield Show. We will discuss the Stenberger decision and other important developments affecting consumers, borrowers and banks. We had 561 listeners so far who were on the air with us or who downloaded the show. Thank you --- that is a good start for our first show. And thank…[...]

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Tags: 3 day rescission, ARTICLE 3, article 9 UCC, Forensic TILA Analysis, general claims rescission, negligence, negligence and recklessness, rescission, RESPA, Steinberger v Hon.McVey/OneWest, UCC, Unconscionability: Procedural and Substantive, Wane v. Loan Corp
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

JOIN US TONIGHT AT 6PM Eastern time on The Neil Garfield Show. We will discuss this decision and other important developments affecting consumers, borrowers and banks. Congratulations to Attorney Barbara J. Forde!! HIGHLIGHTS: Steinberger v Hon. McVey/OneWest Discharge of Debt --- money that OneWest received from FDIC to pay off loss on loan discharges the debt. If it is true…[...]

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Tags: Arizona Appeals, Barbara J Forde, Cause of action to avoid a trustee's sale, credit default swaps, discharge of debt, Good Samaritan Doctrine, insurance, Negligent Performance of an Undertaking, Servicer advances, Steinberger v Hon.McVey/OneWest, third party payments, Unconscionability: Procedural and Substantive
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

As Danielle Kelley, Esq. (Tallahassee) has repeatedly predicted, the trial modification practices of the big banks are getting them into hot water. Scenarios vary. But one typical scenario  is that the trial modification is "approved" (which under current law means that it has been through underwriting) and the borrower makes the trail payments. Then the bank says the "investor" (with…[...]

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Tags: 9TH CIRCUIT COURT OF APPEALS, Corvello V Wells Fargo Bank, Danielle Kelley, permanent modification, present value, trial modification, Wells Fargo
Posted in Corruption, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

World Savings Bank  was acquired by Wachovia Bank  which in turn was acquired by Wells Fargo.  We have previously reported here that we had no information regarding the actual securitization of loans had been originated by World Savings Bank.  Now we have that information. And in a case of the right hand not aware of the left hand it turns…[...]

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Tags: authority to represent, REAL PARTY IN INTEREST, securitization, standing, Wachovia, Wells Fargo, World Savings Bank
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |