the "loans" were never sold because there was nothing to sell. The transaction is not "booked" as a loan receivable" or as any receivable because everyone is paid off completely upfront 100%. But the homeowner or other property owner is completely unaware of the reality of their transaction  --- and the transformation from what the homeowner intended to what the…[...]

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Homeowners have always legally and morally been entitled to bargain for and share in the infinite profits generated by securitization. So far they have received nothing. Homeowners have never been in default because to be in default there must be a lender, successor lender or creditor who has paid value for an unpaid underlying obligation due from the homeowner. No…[...]

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Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays * Lawyers have a job. Their job is to do the best they can at advancing their client's position-- within the bounds of the law. This usually involves a fair amount of bluff and any successful…[...]

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I have repeatedly stated that to get traction in the uphill battle of defending property from unlawful foreclosure claims, you need a lawyer. Being right is not enough. The playbook of your opposition is based almost entirely on outlasting you. This is because of loopholes the pleading rules and preapproved pleading forms for foreclosure. But how much good can the…[...]

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One very interested reader has corresponded with me about the unwillingness of the courts to act properly --- and I agree with her. She cites many improper moves like what is being upheld their bad decisions and misconduct...holding cases without jurisdiction, meeting in the judge chambers, making deals with the attorney, allowing a case or cases when the party has…[...]

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I keep receiving messages, emails, and texts from homeowners who complain about the cost of legal retainers. Some people think help should be free and maybe they are right. But for now, that is not our system. And lawyers, far from being obligated to provide such free service, are required to pay off their loans and investment in education. *…[...]

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Thursdays LIVE! Click into the WEST COAST LENDINGEYES Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 3 PM Pacific, 6 pm Eastern Thursdays Foreclosure trends for 2022 are developing ever rapidly, and here are some of the most significant ones: - Home Values continue to rise in many places, disproportionate to historical trends, and loan amounts…[...]

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see https://www.omm.com/resources/alerts-and-publications/alerts/bankruptcy-court-ruling-imposes-lender-liability/ Although this was a commercial bankruptcy case the legal principles are the same: On September 23, 2021, a bankruptcy court in Dallas handed down a 145-page ruling in Bailey Tool & Mfg. Co. v. Republic Bus. Credit, LLC (In re Bailey Tool & Mfg. Co.), 2021 Bankr. LEXIS 3502 (Bankr. N.D. Tex. 2021), provided its answers to some of…[...]

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Robo-Signing: A Symptom of a Broken System Why robo-signing? Because there is no creditor to sign. There is no unpaid loan account on the ledger of any real company. What exists are payment histories, not creditor disbursements. “Servicers” don’t send money to lenders because there are no unpaid accounts. Everyone has already been paid — many times over — through…[...]

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Posted in Corruption, Fabrication of documents |

The problem starts with the Homeowner, who thinks that because he or she applied for a loan, they received it. This assumption is completely unfounded. The law is mostly procedural and logical. It requires building a foundation for a fact to be accepted as true. If there is no foundation, there is no fact. Every case I have ever won…[...]

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