see https://livinglies.me/2020/09/18/free-30-minute-consult-to-the-first-person-who-can-answer-the-question-correctly/ James got it exactly right not only on the content but also the style. By creating the illusion of a "before" and "after", the banks have constructed a scenario where our minds tend to fill in the gap with a real transaction --- when there wasn't any such transaction. James please write to me at neilfgarfieldesq@gmail.com to set…[...]

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Paul Volcker, former Fed Chairman said these derivative instruments would destroy us. We persist in allowing them to exist, to be created, traded, sold and misrepresented as deriving their value from a loan, debt, note or mortgage. And now, after more than 20 years of development of this scheme, the government is too afraid to "tinker" with the "securitization infrastructure"…[...]

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Would you entrust all your money to some thinly capitalized company who wanted total control over all your assets? No you wouldn't and neither does any bank in an industry that virtually define security and control. So when I received a recent email regarding a "Power of Attorney" (POA) purportedly executed by Argent/Ameriquest to another company proclaiming itself to be…[...]

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Tags: discovery, POA, Pooling and Servicing Agreement, Power of Attorney, PSA
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What is missing from this diagram? https://www.situsamc.com/residential-real-estate-solutions[...]

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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 The system has been caught flat-footed by the banks' strategy of weaponizing the court process to prove a nonexistent claim. Homeowners and many lawyers throw up their hands claiming that the banks are just too strong. But the banks…[...]

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While I have come under heavy fire, it has generally been by uninformed paid trolls on the internet. Nothing bad actually happened to me. That might be because of my relatively high profile. But if you look at the landscape of foreclosure defense attorneys that were highly successful, you will find that most of them have been subject to some…[...]

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The problem with court decisions like Am. Fid. Assurance Co. v. Bank of N.Y. Mellon, No. 18-6210 (10th Cir. July 7, 2020) is the same as with most decisions, to wit: They are assuming that there was an actual sale of loans to the trust. In fact, other than some data entry at the desk of a trader for the manager of collateralized…[...]

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Note how easy it is to skip over the initial paragraph which defines the context of the entire agreement. it is predicated in an event in the future. All representations, warranties, duties and obligations arise only if and hen the condition subsequent occurs. see the following: [Hint: None of this matters until AFTER loans are "acquired". Legal acquisition of a…[...]

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Since many foreclosures are brought in the name of a bank as trustee for an unregistered trust, on behalf of the holders of certificates, it seems logical that the judgment entered should solely be for benefit of the certificate holders, even if they are not immediately identified. While that has been the assumed result in most courts, it is not…[...]

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Probably 50% of the inquiries that I receive on a daily basis involve request for the services of a local attorney that I would recommend. And the premise of each request is that I supply them with somebody who understands the nature of securitization and why my analysis often leads to a victory for the homeowner (no guarantees). They are…[...]

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Tags: foreclosure defense and offense, foreclosure defense workbook
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