The greatest challenge in unraveling the securitization mess is that that courts, judges, homeowners, and lawyers think they know what they are talking about. They do not. Without any statement on record, they assume things that are not even alleged much less be proved by a shred of competent evidence. They all rely on factual assumptions that are at best…[...]

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What is hearsay evidence? The old Rules on Evidence did not define hearsay. Evidence is hearsay if the probative value is not based on the personal knowledge of a person. The knowledge is that of another person and is not a witness to the case. It is the personal knowledge that determines what hearsay is because evidence outside of personal…[...]

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Press Release June 6, 2021   American Property Owners’ Network Announces Launch of Program to Stop Most Foreclosures— APON Members Will Be Invited to APON/Garfield Q & A Webinar Those Who Join APON by today get into the Zoom Webinar free The American Property Owners Network (APON) formed a year ago with the express mission of organizing mass political and…[...]

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Foreclosure Defense Starts with One Question: What Obligation? Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney before acting on anything discussed here. The Common Mistake Most pro se litigants — and even many attorneys — begin their foreclosure defense with: “Yes, but…” The stronger defense begins with a far simpler…[...]

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there is no incentive for the homeowner to sign the absurd documents falsely declaring that the transaction is a loan and that the counterparty is a lender. The homeowner is only left with financial loss and prospective loss of property, possession, quiet enjoyment and lifestyle.  At the conclusion of the transaction with a homeowner, the homeowner is left without a…[...]

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Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Attorney Charles Marshall Or call in at (347) 850-1260, 3 pm Pacific Thursdays The National Foreclosure Moratorium and associated forbearance enrollment applying to various Government-back loans (Fannie Mae, Freddie Mac, HUD/FHA, VA, USDA), is set to expire June 30, 2021. As of this date, a possible extension to let's say September…[...]

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The debt is like the ball in a baseball game. It is either there or not there. It doesn't get invented at the end of the game. If it is not there then all you are watching is a video game that portrays a baseball game. If the debt is not there, there is no claim, no lawsuit and no…[...]

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JOIN US IN STARTING A MOVEMENT!! CHANGE THE RULES AND FORMS A rule change would require the named Plaintiff/Claimant, and its attorney to certify due diligence and factual accuracy including an assertion that is not currently required: that the named Plaintiff is suffering financial loss as a result of the homeowner not making a scheduled payment. Without that simple premise…[...]

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Blaming the system might be a good argument in politics; but it rarely produces a beneficial result in the courtroom. The investment banks have found a way to weaponize the system against homeowners; but homeowners have the ability to reverse that by attacking the foundation of the claim against them. When a document says that value was paid, you can…[...]

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As mortgagee of record, MERS holds mortgage liens. When MERS serves as mortgagee of record, it does so as a nominee of the corresponding Lender and that Lender’s successors and assigns. It is through this nominee relationship with the current Lender that any separation or splitting of the mortgage from the note is prevented. In other words, if the Lender…[...]

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