"Facial validity" consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents of false claims on behalf of the false claimant or butchered by either neglect or inexperience by homeowners and their lawyers. And sadly most judges overapply it even in the face of gross abnormalities and fatal…[...]
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Tonight! 6PM EDT The single most important moment in foreclosure defense: Motion to Compel Responses to Discovery
Mar 25, 2021
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 You have often asked "how do I prove that?" And my answer is always the same. You don't prove anything because you don't need to prove anything. Stop thinking of yourself as making a claim against anyone.…[...]
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Disclaimer: This article is for educational purposes only and not legal advice. Always consult a licensed attorney in your jurisdiction before acting on any information here. The Illusion of Servicing Companies like Ocwen and others routinely appear in court claiming to be “servicers.” But let’s be clear: they don’t actually perform servicing in the traditional sense. A true servicer is…[...]Continue Reading
By presuming that virtually all defenses to foreclosures, other than payment, are without merit and futile, and by administering discipline or injunctions to lawyers who prove otherwise, the state has created a gap that only the state or Federal government can fill. * They must assign and train, if necessary, competent trial counsel or represent homeowners who are faced with…[...]
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Investment banks are pushing technical agenda on "integrated records" that would deny homeowners' due process.
Mar 22, 2021
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…[...]
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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…[...]
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Tonight! Foreclosure Defensive Strategies for High and Low Value Properties 3PM PDT 6PM EDT
Mar 18, 2021
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…[...]
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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,…[...]
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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…[...]
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Our Ignorance Has Created a System That Chills Homeowner Access to Courts and Attorneys
Mar 16, 2021
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…[...]
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