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 Nothing says it better than the Supreme Court of a state (Hawaii) that has issued many decisions in favor of homeowners. If you don't present your defense, by the rules, you lose. Everything about the illegal claims for…[...]
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"Securitization" is not the sale of homeowner debt and is not the product of free market transactions
Jun 23, 2021
Securitization is a lie. And so far nearly everyone, including homeowners, believes the lie. Small wonder that the courts also believe it --- especially when homeowners admit the truth of the lie. Each new "financing" results in a brand new string of securities sales --- without retirement of the previous string of securities sales. I have continually said, based upon…[...]
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Everyone assumes that the company claiming to be a servicer is a servicer. But it isn't.
Jun 22, 2021
Servicing is about money. If the money paid by homeowners is not deposited by their own employees into a financial account owned by the company claiming to be a servicer, then they have no right to record the receipt of such money. And they don't. I received the following inquiry: why does a "loan boarding analyst" need to be…[...]
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Congrats to Florida Bulldog on running a story that the media giants are not only failing to continue their investigative reporting, but refusing to print stories produced from other credible sources on the huge subject of fraudulent foreclosures. Not since 2008 have we seen lawyers with the guts and judges with the integrity to challenge the banks and their lawyers…[...]
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Banks and Foreclosure Mills Exploit Confusion About Assignments of Mortgage and Endorsements of Notes
Jun 21, 2021
so far, the banks have been exceedingly successful, causing the foreclosure of millions of homes by people who don't own and never wanted to own the obligation. The out-of-pocket expense of paying the homeowner to execute documents was long ago reimbursed in full by the sale of securities as the other leg of the single transaction doctrine. There is no…[...]
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People and lawyers often say that the judge would not listen. That isn't true. The judge is listening. He or she is just not hearing well founded objections raised in a timely manner. If you don't put the nickle into the gumball machine, you get nothing. It doesn't matter that you had a nickle in your pocket. I see no…[...]
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see https://checkbox.flcourts.org/NonAppellate-Judges-and-Attorneys-Opinion-Survey-2021.aspx I checked "other". Here is what I wrote: The courts are about to be clogged with foreclosure litigation again. The cause of this is the use of archaic preapproved forms from the Florida Supreme Court. This results in shifting the eventual outcome of the case in favor of the homeowner to the end of litigation based upon criteria…[...]
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"Servicer" reports are not exceptions to the rule against permitting hearsay as evidence
Jun 17, 2021
The rule against hearsay does not only impact oral statements—it also applies to written documents, and, unless the proffered evidence falls within one of the multitude of hearsay exceptions or statements that are otherwise categorized as nonhearsay, it is inadmissible in court. One of the most well-known and frequently relied upon exceptions is the "business records exception" found in Federal…[...]
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Tonight! Chase Follows the Lenin Strategy: Who-Whom, That is the Fundamental Question 3PM PDT 6PM EDT
Jun 17, 2021
Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 3 PM PDT, 6pm EDT Thursdays Bill Paatalo joins Host Charles Marshall to discuss an established pattern he has uncovered in Chase litigation of all sorts. Just as Lenin in Soviet Russia days decided political questions based on who…[...]
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The big change occurred when the Wall Street securities firms forced securitization practices over the line. Whereas the purpose of securitization had always been to reduce risk, the investment banks meant to eliminate it. The only way you can eliminate the financial loss from a failed asset is if you don't own it. That is basic accounting, basic law and…[...]
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