The essence of the Garfield defense is to (a) get the Judge mad at the foreclosure mill and (b) reveal the inability to produce one iota of evidence of a money trail, thus rebutting the clear legal presumptions arising from the supposedly facial validity of fabricated documents containing untrue statements. * Step One: Make clear, specific, proper, and timely discovery…[...]

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First, let me say that there is nothing wrong with supply chain finance. In one form or another, it has been used for thousands of years. The same can be said for securitization --- if that is what is really happening. Second I have been getting quite a lot of questions about my articles and one of the more common…[...]

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The word "derivative" is used like "alakazam!" It is as if the word conjures up some magical mystery formula by which brokers and traders can engage make money without ever investing in anything real. The most recent explosion happened with Mr. Hwang and the Archegos hedge fund. Here is the quote from the April 3, 2021 New York Times article…[...]

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In the Berkshire Hathaway 2002 Annual Report, Warren Buffett called derivatives "financial weapons of mass destruction carrying dangers that, while now latent, are potentially lethal." Virtually all Ponzi schemes are fake securitization schemes. Ponzi's victims thought they were buying shares of an exclusive arbitrage system based upon fake ownership of postal receipt, Madoff's victims thought they were buying into an exclusive…[...]

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Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays "Your Honor, this is a standard foreclosure." That is the first lie told in court as lawyers, and companies claiming to be servicers, lenders, or trustees continue to play their game of lying for dollars. It's obvious I have…[...]

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Posted in discovery, foreclosure defenses, foreclosure mill, Pleading |

Defending against discovery demands is a contact sport that most litigators enjoy because they get to torture their opposition --- while at the same time learning all about the litigation strategy of their opposition. It is mostly regarded as a win-win situation for the defenders and that especially includes foreclosure mills who in reality don't even have a client who…[...]

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In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word "successor." I have been saying that this word is used as a cover-up for "we don't have title to the debt, note or mortgage." That…[...]

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Tags: ABN AMRO, Bank of America, Bank of New York Mellon, Citigroup Foreclosures, Deutsch Bank Deutsch Bank Trust Company Americas, JP Morgan Chase Bank National Association, LaSalle Bank as trustee, Nationstar, Successor, successor beneficiary, U.S. Bank National Association
Posted in Corruption, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

The bottom line is that if you follow the rules, and demand discovery of actual proof of payment (citing the form that such proof must take or asking what form such payment took), the foreclosure will file anything other than a response to your demands. If you don't know what to do about that or if you don't do anything…[...]

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Posted in Corruption, discovery, Servicer |

One of the peculiar aspects of foreclosure litigation over the past two decades has been the overuse (by appellate courts) of instructions not to publish opinions that favor homeowners in litigation. So the homeowner wins in that case but other homeowners and their attorneys probably never hear about it. This means that another homeowner who is fighting with exact same…[...]

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Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Attorney Charles Marshall and Private Investigator Bill Paatalo Or call in at (347) 850-1260, 6 pm Eastern Thursdays   We break down on the Show today the latest from MERS. Now before the 9th Circuit Court of Appeals, to try and reverse a quiet title judgment taken in State Court against…[...]

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