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 DeSantis Extending Eviction and Foreclosure Moratorium Through May: Ice in the Winter This is a redo of last week's intended broadcast. Instead of taking the opportunity to review complaints about the process of foreclosure and eviction, the Governor…[...]

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it seems that Wall Street has managed to get us thinking in terms of investor sentiment rather than economic fundamentals. This is part of a larger pattern powered by Wall Street to get us thinking what they want us to think rather than asking simple, basic questions. And they continue to enjoy the misplaced trust of millions of investors and…[...]

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Very often the reason I won a case tried in front of judge or jury was that I wasn't afraid to question the essence of the case against my client.  Chewing around the edges is a tacit admission that the essence is true and valid. When I represented lenders most borrowers did not contest --- and when they did it…[...]

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The consent order requires SLS to pay $1.275 million in monetary relief to consumers in the form of redress and waiver of borrower deficiencies, pay a $250,000 civil money penalty, which will be paid to the Bureau and deposited into the Bureau’s Civil Penalty Fund, and implement procedures to ensure compliance with the Real Estate Settlement Procedures Act (RESPA) and…[...]

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The creditor is by definition the party who claims to own the debt. If they own the debt then they are reporting the debt as an asset receivable on their accounting records. Since investors do NOT buy homeowner debts, there is no party anywhere that is a creditor. If there is no creditor, there can be no debt, because there…[...]

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No "almost" about it. The key to home prices --- proven over the last 140 years (see Case Schiller index) , is median income. Median income is what determines home value. Home value cannot be manipulated. But home PRICES can be manipulated. The difference between the two is what causes booms and busts. And the ability to confuse consumers into…[...]

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The most obvious places to look for correction in the illegal conspiracies masquerading as securitization of residential debt were the IRS , the SEC, the FDIC and the FTC and probably later the CFPB. Qui tam (whistleblower) actions were regularly dismissed because the agency that lost money due to false claims rejected the notion that it was a false claim…[...]

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Tags: CFPB, FDIC, FTC, investment bank, REMIC, RMBS, SEC, trust
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

The interesting thing is that the cost of producing an expert witness has just been cut by Coronavirus and COVID 19. Experts can testify via various video mediums that are now appearing in most courtrooms. So what had cost thousands of dollars in travel expense and time expense in travel has been eliminated. And in most cases the time expense…[...]

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Take ten steps back from the transaction with homeowners and you can see all the reasons why the documents need to be fabricated. You can also see how there should never have been a single foreclosure of any mortgage or deed of trust involving a transaction that was part of a securitization scheme. And if you think about it you'll…[...]

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lawyers and pro se litigants have littered the judicial landscape by a Texas two step: first they admit that they have a loan contract and second they try to get out of it. First they admit a breach and then they try to deny the breach. First they admit a loan and then they deny the loan. First they admit…[...]

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