Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays It has been my contention all along that these cases ought to end in the discovery process with some sort of settlement — money damages, modification, short-sale, hardest hit fund programs etc. But the only way the […]

Tags: Bank of America, bank of new york, competency of witness, depositions, discovery, foreclosure defense, Mellon, modification, objections to discovery, personal knowledge, short-sale, Urban Lending Solutions, Wells Fargo
Posted in Corruption, evidence, foreclosure defenses, Modification, Motions, Pleading, Servicer |

Wells Fargo Manual “Blueprint for Fraud” Hat tip to my law partner, Danielle Kelley, Esq., for sending me the manual and the reports on it. Anyone desirous of a consultation on the application of what is on this blog, must either be a lawyer or have a lawyer who is licensed in the jurisdiction in […]

Tags: Bank of America, business records exception, Chase-Wamu merger, competency of witness, conflict of interest, hearsay, hearsay upon hearsay, JPM CHASE, Master Servicer, REMIC trusts, sub servicer, Urban Lending Solutions, WAMU Loans
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be […]

Tags: ABUSIVE LOAN PRACTICES, assignments, bank of new york, business records exception, competency of witness, DANIEL YOHALEM, endorsements, FEDERAL PREEMMPTION --- OCC STATEMENT, FREDERICK ROWE, hearsay, HLPA, holder of note, JOSEPH ROMERO, JOSHUA SIMMS, JUDICIAL SELF GOVERNANCE, JURISDICITION, KATHERINE ELIZABETH MURRAY, liar loans, MARY ROMERO, MERS, New Mexico, NEW MEXICO ATTORNEY, personal knowledge, POPULAR FINANCIAL SERVICES MORTGAGE PASS THROUGH CERTIFICATE SERIES #2006, RIGHT TO ENFORCE MORTGAGE, RIGHT TO ENFORCE NOTE, standing, Supreme Court, UCC AND FORECLOSURES
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

  NOTE: This post is for attorneys only. Pro se litigants even if they are highly sophisticated are not likely to be able to apply the content of this article without knowledge and experience in trial law. Nothing in this article should be construed as an acceptable substitute for consultation with a licensed knowledgeable trial […]

Tags: BofA, business records exception to hearsay rule, competency of witness, credibility, exception to hearsay rule, FOUNDATION, hearsay, OBJECTIONS, records custodian, TRIAL OBJECTIONS
Posted in evidence, foreclosure defenses, foreclosure mill, Modification, Pleading |

NOTE IF ANYTHING, THIS DEPOSITION PROVES THE NEED FOR AN EXPERT FORENSIC COMPUTER ANALYST TO ASSIST IN DISCOVERY AND PERHAPS EVEN PLEADING. THAT IS WHY MY LAW FIRMS AND OTHERS ARE CREATING ALLIANCES WITH LAWYERS WHO HAVE EXPERIENCE IN BOTH THE PRACTICE OF LAW, LITIGATION AND DETAILED KNOWLEDGE ABOUT WHAT TO LOOK FOR, HOW TO […]

Tags: Assignment and ASsumption Agreement, business records exception, competency of witness, FDIC, Florida, FORENSIC computer discovery, hearsay, JP Morgan Chase, merger agreement, NARDI DEPOSITION, personal knowledge, Washington Mutual
Posted in Corruption, Eviction, securities fraud |

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE The fact that the true creditor doesn’t want to collect from homeowners is not a good reason to allow someone else to collect it. — Neil Garfield FORECLOSURE CASE LAW – HSBC v. MURPHY, Maine Supreme Judicial Court, 2011 ME 59 (May 19, 2011) “AFFIDAVITS SUBMITTED […]

Tags: affidavit, bailout, Bank of America, bankruptcy, borrower, business records, competency of witness, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, hearsay, HSBC, MERS, quiet title, rescission, securitization, summary judgment, TILA audit, trustee, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |