One of my constant comment contributors recently informed me and others that she was trying a new tack. She writes "My attorneys are making a demand that any refi money be placed with the Court and that the judge decides who he wants to pay." This is very close to an Interpleader action which is virtually unknown amongst laypeople and…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, Motions, Pleading, Servicer |

It's time to give a thumbs up to the agency that has up till now befuddled homeowners. The absence of regulation of nonbank FINTECH companies has been a giant loophole through which wealth was converted from homeowners to investment banks. I am pleasantly surprised by an announcement from the CFPB that will start monitoring and investigating these companies like Black…[...]

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Foreclosure litigation is a very special type of case. Normal rules of limitation and basic requirements of proof have been softened in favor of giving lawyers the opportunity of saying they represent a Bank that is the trustee of a trust. Those lawyers don't need to assert that the trust owns any underlying obligation owed by the homeowner to the…[...]

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"Jurisdiction" is a term used to define whether or not the court has any authority to hear the case. Filing a bogus claim DOES invoke the jurisdiction of the court as long as it complies with the basic rules of court. Just because you call it a jurisdictional challenge doesn't make it a jurisdictional challenge. The jurisdiction of the court is based upon…[...]

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In an effort to show the relevancy of securitization in the collection businesses established with each new transaction with homeowners, I have had some discussions about the usefulness of knowing who has access to funds paid by homeowners and who gets paid any money as a creditor of the homeowner. * In our example here the servicer is Ocwen, but…[...]

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There is no "YES". There are many people who get angry with me for ascribing some blame to the homeowners themselves for the toxic economic environment and the judicial environment resulting in the victimization of homeowners. * Some argue that "I tried that and it didn't work." The fact is that none of them are lawyers and none of them…[...]

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Since the beginning of this century, The initial transaction with homeowners was the product of multiple layers of paperwork, most of which were neither identified nor accessed by consumers or their professional advisers. * Here is the deal: * As was typical during the "securitization" era, the application for a loan is received as the commencement of the transaction. It…[...]

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In homeowner finance, nearly all claims begin with notices from third parties—companies the homeowner has never dealt with before. My advice: challenge these letters, statements, and notices immediately. Doing so creates “tracks in the sand” that can be critical later in litigation. The Core Problem: Declaration of Default Without a Creditor Foreclosure law is clear: before foreclosure, there must be…[...]

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Posted in Corruption, discovery, foreclosure defenses, legal standing, Servicer |

Aggressive litigation means basically that the lawyer or pro se litigant uses every tool in the box to force the opposition onto its heels or out of the courtroom. Each state has its own rules and laws governing interlocutory appeals. Those are appeals that take place before the case is over. And as I said last night on the Neil…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will share my thoughts on strategies and tactics that will likely put your opposition on its heels and probably result in an outright win for homeowners and virtually all consumers who have a written contract for…[...]

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