It is a very real thing. Everyone is getting paid (and now by the government), while the debt of homeowners is never reduced or credited. On top of getting paid, the courts are allowing forced sale of homes that simply add gravy to the Wall Street money train. Let's be clear. If investors are presumed to be beneficiaries of payments…[...]

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There is an old saying that when you start getting lots of flack, you know you are close to the target. It is confirmation. Lately the old attacks on me have been renewed with vigor! In all cases involving false claims of securitization of debt, the claims are  totally false with no redeeming explanation. Trying to kill the messenger will…[...]

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People usually ask for just a consult with me thinking that (1) they are going to understand everything I tell them about their case and (2) that I have performed a comprehensive review of their case before attending the CONSULT. But if it is a lot of documents ( more than 5, or more than 5 pages) I must charge…[...]

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If you think you could be an effective candidate for political office and you would like my help and the help of my readers then write to me at neilfgarfield@hotmail.com Let's see how good you are on delivering a persuasive message. Why would you be a good candidate for us to back? What office are you seeking? What is your…[...]

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Disclaimer and Caveat: I/we are requesting forbearance simply because you claim to be either a creditor or someone who is authorized to represent a creditor who has paid value for our obligation in exchange for ownership of that obligation and who carries our obligation on their own books and records as an asset receivable. We do not concede or admit…[...]

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As for the deficiency judgment, it is unusual to seek such a judgment and the only party that can contest it is the borrower. The deficiency is presumed to be the difference between the judgment amount and the money received from a third party sale. But that is only a presumption. * The borrower can and should ask for proof…[...]

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The reference to "adverse possession" in any of these cases is not about legally changing title due to the statute of limitations enabling adverse possession. I know what that looks like. Possession that is adverse is not the legal definition of the statute governing "adverse possession". Not even close. In this case the court was using the words "adverse possession"…[...]

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Tags: adverse possession, statute of limitations
Posted in discovery, 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 You still owe the money. But only if you continue to believe it is a loan. I have my doubts. As soon as the moratorium period is over, there are going to be hundreds of thousands of foreclosures initiated…[...]

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One of the things that I have always wondered about was why cities, towns, counties and states did not take a far more aggressive attitude toward Wall Street banks in the mortgage meltdown. In particular why they didn't attack false claims in foreclosures that were based upon fabricated, forged, backdated, and false documentation. Like in Arizona in 2008-9 where I…[...]

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A very  good friend of mine with no dog in this race asked me what the hell I was ranting about. Since she was really interested I responded with the following email I thought I would share with you. I admit to probably giving her a lot more than she probably was asking. I referred to "deadly transaction" and others have…[...]

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