there is nothing wrong with homeowners winning these cases. Nobody is getting hurt when homeowners win. But everyone gets hurt when the investment banks win using hidden interemdiaries and sham conduits to profit off the misery of homeowners. virtually none of the information put out by the government, private businesses or banks is correct. None of them have any right,…[...]

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The goal of the foreclosure defense strategy is to undermine the ability of the foreclosrue mill to put on a case --- not to prove that the allegations are wrong. * Let me first correct what I think is a misimpression or misapprehension: Defense of a civil case in court consists of two possible strategies --- usually used in conjunction…[...]

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Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with California consumer rights attorney Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Homeowners Don't deserve to receive correspondence stating that they're delinquent or in default from someone based on an unsigned letter that is sent using the letterhead of a company that is only pretending to be a…[...]

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One of the bigest lies in documents related to transctions with homeowners is "for value received." In most cases no such "value" was paid or received by either of the parties to that document. Paper checks have become a thing of the past. We have been too quick to assume they are not necessary --- like paper ballots. But without…[...]

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It's no magic bullet but it can be used effectively. Why the “Holder in Due Course” Argument Matters If you are facing foreclosure, you might hear about something called a holder in due course (HDC). This term basically means a person or company that legally owns the loan and has rights to collect on it. To be a true holder…[...]

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Tags: foreclosure defense
Posted in Fabrication of documents, foreclosure defenses, legal standing |

Any attorney who has represented homeowners attempting to challenge illegal foreclosures will tell you that there is something inherently wrong with the foreclosure process as it is being applied. Bruce Jacobs, a 25 year veteran of judicial battle, is presenting a direct challenge to the sub silentio doctrines and assumptions that are forcing the sale of homestead property for the…[...]

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Trust is not a negotiable commodity. And there is nothing in statuory or common law that says otherwise. * If a named trustee does not wish to h ave any fiduciary responsiblity to manage the active affirs ofa trust for benefit of teh beneifciaries, the trustee should resign. Or, the trustee can replaced by written agreement of teh trustor and…[...]

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HIDDEN EQUITY IN ALL HOMES SUBJECT TO CLAIMS OF SECURITIZATION It comes as no surprise to learn that the investment banks have been hiding things from us for decades, since 1983 when the era of securitization of debt came into existence. Back then the nominal value of deriviates on the autocratically controlled trading posts for derivatives was ZERO. They didn't…[...]

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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 I often have exchanges with frustrated homeowners that end up like this one received recently: "That leaves everyone doing nothing and allowing the banks to prevail. Your posts are very inspiring ( like a carrot) but then very…[...]

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If you want to pursue discovery, you have to follow the rules. The right to demand and enforce discovery does not exist in a vacuum. There are specific rules that provide for specific periods of time in which discovery can be pursued. Think about what you are demanding. the mroe vague and ambiguous you are, the less effective will be…[...]

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