When you lose your home in foreclosure, it is an involuntary gift to an investment bank that has already earned 12 times the amount of the transaction with you. The investment bank does NOT record the interest, principal or forced sale payment on any loan account receivable because there is no such account. Once again investment banks are attempting to…[...]

Continue Reading

Tags: business records exception to hearsay rule
Posted in Corruption, evidence, legal standing, Servicer |

It's not difficult to identify the beneficiary of this phenomenon: it's the Wall Street investment banks that are falsely claiming to have securitized transactions with homeowners that are falsely represented and labeled as loans. They get the money proceeds from forced sales of homesteads and they don't distribute it to anyone who paid value for entry into the securitization scheme. It…[...]

Continue Reading

Posted in Uncategorized |

Thursdays LIVE! Click into the WEST COAST Neil Garfield Show with Charles Marshall, Esq. Or call in at (347) 850-1260, 3PM Pacific, 6pm Eastern Thursdays On The Show today Host Charles Marshall will delve into the latest trends in the Covid-19 era, parsing out how Covid policy at all levels is still having a major impact on - foreclosure lawsuits, both non-judicial…[...]

Continue Reading

Posted in Uncategorized |

what did the homeowner get in exchange for executing the note and mortgage?  The answer is not a loan because there was no loan at the conclusion of the transaction cycle. The answer must be that either the homeowner was investing in the securities scheme or was not getting anything for the note and mortgage.  For many lawyers and judges,…[...]

Continue Reading

Posted in Uncategorized |

The objective in foreclosure litigation is not to prove something. The objective is to prevent the claimant from proving anything. * The fundamental error of most homeowners, lawyers, and frankly judges, is the failure to distinguish between the real world and the fictional world portrayed by documents in front of them. A novel is a work of fiction. It can…[...]

Continue Reading

Posted in Uncategorized |

The real problem is that stockbrokers masquerading as investment banks have committed the greatest economic crime in human history and have managed to cover it up by huge investments into the system wherein they control the narrative. Where everyone is ignorant of the complexities of Wall Street finance, they look to Wall Street to explain the events. Instead, they should…[...]

Continue Reading

Posted in Uncategorized |

Bias is a state of mind. Everone has a mind and if they are living they have a state of mind. So every judge has some biases. In our system of court procedure, bias is ONLY important to impeach a witness or to ask the trial judge to recuse themselves --- or beyond that, file a motion to remove for…[...]

Continue Reading

Posted in Uncategorized |

The only way that the note can be used in any claim for administration, collection or enforcement is if it is evidence of an existing underlying obligation. It is the underlying transaction, not the note, that creates the liability of the maker of the note. If it were otherwise nobody could trust any note and they would all be discounted…[...]

Continue Reading

Posted in Uncategorized |

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 3PM PST, 1PM HST * It is now virtually impossible to find a lawyer who will accept an engagement to defend a foreclosure regardless of the financial ability of the prospective client to pay fees. The unconstitutional chilling effect…[...]

Continue Reading

Posted in Uncategorized |

The bottom line in trial court actions defending foreclosures is that generally whatever you're thinking about your defense, you need a little more than that. On Appeal, you need a lot more than what you are supposing will present the foundation for an opinion that reverses the trial court. I often hear lawyers who are losing in trial court say…[...]

Continue Reading

Posted in Uncategorized |