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 As a follow-up to our FREE presentation CLE webinar on Prelitigation Strategies and Practices, we offer an open mike Q&A on tonight's show. Please think about your questions in advance and refrain from long monologues about your…[...]

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Tags: CFPB Complaint, debt validation letter, qualified written request, State AG Consumer Complaint request
Posted in discovery, Fabrication of documents, foreclosure defenses, Pleading |

There is a difference between securitization, on the one hand, and securitization of debt, on the other. They are not the same thing. The entire scheme that is currently advertised or represented as securitization of debt is false. Securitization refers to the creation, issuance, sale and trading of securities. There is no doubt that securities were issued, although I take…[...]

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Posted in Uncategorized |

I'm busy today so I can't publish my usual long analytical article. But one thing that is constantly staring at me is the fact that the national press and news releases are in basic conflict with local media. And the fact that local media is going out of business isn't helping. Black Knight is a company whose size and reputation…[...]

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Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing, securities fraud, Servicer |

https://www.forbes.com/advisor/debt-relief/using-debt-verification-debt-validation-letters/ It's a business. Anyone can make a claim. Anyone can say that they are representing someone who has a claim. If you don't contest it, the claim might be presumed as valid even though it has no basis in fact. The investment banks don't want you to read articles like the above link in Forbes magazine. Besides corroborating many…[...]

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Posted in Uncategorized |

So a friend of mine left her phone in my car. Here is what I wrote to her: Thank you for leaving your phone in my possession, which as you know is 9/10s of the law. That means that even though you paid for it and you received ownership from the seller, I can now claim it as my property.…[...]

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Posted in Fabrication of documents, foreclosure mill, Modification, securities fraud |

if the investment bank paid the homeowner as an incentive payment rather than as a loan, then there is no debt any more than salary or wages can later be called a loan. The fact that the consumer/homeowner thought or even wished it were otherwise makes no diffeerence. If I pay you money and you think it is a loan…[...]

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Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays The legal case of US Bank (trust) v. UBS (United Bank of Switzerland) Real Estate was decided in 2016 in SDNY. The order following decision extends for literally more than 100 pages. The gist of the case…[...]

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Posted in Uncategorized |

The idea that some company bearing the label of "servicer" is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end. Such companies do nothing and were never intended to do anything except act as a buffer, in name only, to prevent liability attaching to investment banks who had…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Servicer |

The answer to this question depends upon the homeowner --- not the judge. * If the homeowner rigorously, aggressively and persistently seeks enforcement of the rules of civil procedure, the rules of discovery, the rules of evidence and enforcement of court orders, the chances of quite good that the homeowner role reach a very favorable result. * If the homeowner…[...]

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Posted in Corruption, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

It's not the job of courts to save litigants from their own admissions.  Here is a simple rule: if you admit the existence of the loan account receivable and you admit the rights of the servicer and the currently named claimant, you have no viable basis to challenge standing or enforceability. "Yes, but" doesn't count in court. Here is the…[...]

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Posted in discovery, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |