Hat Tip to Bill Paatalo, Private investigator. Kudos for investigative excellence. see WaMu Loan Files - Shredding Procedures When I first looked at mortgage loans in 2004 I was struck by one simple thing. There was an obvious movement, pushed by the banks, away from original documentation and towards reliance on images. At first I was confused. After all it…[...]

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see Florida Bankers Assoc Comment Letter It is a reality of commerce that virtually all paper documents related to a note and mortgage are converted to electronic files almost immediately after the loan is closed. Individual loans, as electronic data, are compiled into portfolios which are transferred to the secondary market, frequently as mortgage-backed securities. The reason "many firms file…[...]

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Modifications are tricky. They are trickier than you think. First of all the offer is made by a company who has no right to act as "servicer" or to change the terms of your contract. By changing the apparent lender or creditor to the named servicer, the agreement is probably tricking you into accepting a virtual creditor in lieu of…[...]

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Tags: "modification" agreement, delinquency, hardship
Posted in Corruption, discovery, legal standing, Modification, Motions, Servicer |

see https://www.natlawreview.com/article/district-court-requires-plaintiff-to-disclose-evidence-about-noneconomic-loss I have been writing, lecturing, and just saying the same thing since 2006. Homeowners don't need to prove anything. The objective in Foreclosure Defense is to prevent the claimant from pursuing their claim. If you are not willing to do all the necessary   work and to make certain you have it right, then you are not litigating, you…[...]

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Tags: discovery, foreclosure defense, motion for contempt, motion for sanctions, motion for summary judgment, Motion IN Limine, Motion Practice, motion to compel discovery
Posted in discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading |

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 Tonight I will discuss the curious case of blatant economic fraud on the entire country by investment banks. They figured out how to eliminate the risk of loss on lending, how not to be labelled as a lender…[...]

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Tags: abusive servicing, Black Kngiht, business records exception to hearsay rule, evdience, fraud, hearsay, Servicing
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

you made all that revenue possible by signing a note and mortgage in favor of someone who was not lending you any money. Nobody told you about that. And nobody told you that you were not entering a transaction in which there was a lender and borrower. There was only a borrower. The simple fact is that the banks are…[...]

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Posted in Corruption, Fabrication of documents, foreclosure defenses, Modification, Pleading, Servicer |

"Morality is an existential threat to commerce and politics. Although we legislate morality we refuse to enforce it. It is OK to lie to consumers or borrowers but not OK to lie to a financial institution who by the way is lying to you." Neil F Garfield, October 2009 speech to regional bankruptcy conference in Phoenix Arizona. The proposed modification…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |

US Bank v Compton 9335344481 Hawaii 2020 Dubin So here is yet another example of litigation done correctly. This case demonstrates that the courts can and will be convinced to rule in favor of homeowners when the correct issue is raised at the right time in the right way. Here are some quotes from the case: "Compton asserts that the…[...]

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Tags: discovery, motion for summary judgment
Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, Servicer |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Great Gig if you can get it: Lehman Brothers in their bankruptcy (BK) here in 2020--yes 2020--is having to respond to a proof of claim (POC). It was filed in the Lehman BK by Nationstar (nka Mr.…[...]

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see https://markets.businessinsider.com/news/stocks/bank-stock-prices-report-trillion-suspicious-flows-money-laundering-icij-2020-9-1029607556?utm_campaign=browser_notification&utm_source=desktop# So the banks themselves have disclosed the fact that they were laundering money for all sorts of people. And while they probably were paid higher fees than normal money transfers, that doesn't completely explain why banks, of all business entities, did such a thing on such a wide scale. I have an explanation. First of course is the…[...]

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