Stop talking about it. It is a distraction from the real facts --- that the claimant has no claim and may not even exist. Don't pay any money to anyone who promises a quick fix to your foreclosure problem. It can only be successful if you are willing to engage in a ground war against the foreclosure mills who are…[...]

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The hearsay rule and exceptions to it are deceptively simple. It is the application of the rule and exceptions that are complicated. The bottom line is that companies posing as servicers may not produce a witness to provide testimony that is the foundation for introduction of documents if the company was not directly involved in creating the data entries and…[...]

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The musical chairs element of parties and instruments is designed to confuse homeowners and lawyers and suppress challenges. It is part of the Wall Street playbook becasue it works without challenge.  Contrary to the conception held by most lay people, an assignment of mortgage does not get created, executed, delivered, or recorded out of thin air. This is also contrary…[...]

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There are only two times the transaction with homeowners is characterized as a loan. First when the homeowner signed the documents, thinking it was a loan. Second when the players come back to the table with false claims for enforcement --- in plain violation of the condition precedent set forth by statute in adopting Article 9 §203 of the Uniform…[...]

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The product being sold by OCWEN FINANCIAL SERVICES is its common stock --- and probably its integrity * At least the Titanic has historical and maybe even archaeological significance. * Let's be clear. The product being sold by OCWEN FINANCIAL SERVICES is its common stock --- and probably its integrity (if it ever had any). In plain language, the wealth…[...]

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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 * Regular people think that going to court is winning a point and finding vindication in the judgment of the court. But lawyers know that going to court is all about keeping in control of the narrative. *…[...]

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Securitization, by definition, means the acquisition of an asset through payment for a security (e.g. "certificate"). If that event has not occurred, then there is no securitization. If the asset is a loan account, then nothing has changed. If nothing has changed then claims regarding REMIC trusts, trusts, and holders of certificates are all false. Also, the claims of companies…[...]

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The bottom line of a successful defense to Foreclosure Defense is that those who are successful understand that Wall Street changed the conventional home loan equation from legal to illegal. This is not a technical point. If nobody is getting hurt by the refusal or failure of the homeowner to make a scheduled payment, then there is nothing to sue…[...]

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It is not correct to say that anything was securitized. Issuing securities does not mean the securitization of an asset occurred. The purchase of an option is not securitization of an asset even though the option is a new "security." I am currently in a spirited debate with a good faith reader who is struggling to reconcile her knowledge of…[...]

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Much has been said and written about various scams involving bid-rigging. That's where the parties involved agree to not bid against each other in exchange for getting title to the foreclosed property at a low price. It's illegal. It's a violation of the Sherman Antitrust Act. And if anyone other than an investment bank does it, they are likely to…[...]

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