Legal presumptions are not meant to be used as a means for achieving an illegal or unjust result. But they do exactly that when apparently facially valid documents are left unchallenged. A successful challenge to the credibility of the source of documents initially filed in foreclosure will end the case in favor of the homeowner. […]

Tags: credibility, evidence, evidentiary hearing, legal presumptions, securitization
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays   One of the things that irritates most homeowners and lawyers for foreclosure defense is how “evidence” is admitted that “proves” a fact that doesn’t exist. One of the tools for doing that […]

Tags: credibility, judicial notice
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

What is important to recognize is that the presumptions from the bench that the banks would not intentionally commit crimes or violations is wrong. It is important because all legal presumptions are predicated upon the supposition of trustworthiness of the party proffering evidence. This presumption is wrong. The banks have been fabricating accounts, “business records” […]

Tags: credibility, legal presumptions, MBS purchasers, REMIC, trust, TRUSTWORTHINESS
Posted in Uncategorized |

  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 |

With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated […]

Tags: company witness, credibility, debt, evidence, expert declaration, New York trust, personal knowledge, Reg Z, REMIC, TILA
Posted in Corruption, Eviction, evidence, expert witness, Servicer |

I was speaking with Patrick Giunta, Esq. a successful foreclosure trial attorney in Fort Lauderdale about credit bids, necessary and indispensable parties, standing and strategy and I thought I would make a blog out of it. His direct number is 954-928-0100 and his office is located on Federal Highway. But you will probably have more […]

Tags: account receivable, BOND receivable, business records exception, credibility, credit bid, creditor, hearsay rule, mortgage bond, mortgage note, necessary and indispensable party, note receivable, Patrick Giunta, standing
Posted in Corruption, evidence, Servicer |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 Editor’s Note: As these hearings progress, you will see more and more admissible evidence and more clues to what you should be asking for  in discovery. You are getting enhanced credibility from these government inquiries and the results are already coming out as you can […]

Tags: admissible evidence, appraisals, Carl Levin, collateralized debt obligations, corrupt, credibility, David A. Skeel, discovery, enhanced credibility, HERS, inflation of the appraisals, loan product, market forces, Moody's Investors Service, Motion Practice, pattern of illegal conduct, rating agencies, rating system, Rating=Appraisal, reasonably relied, Securities and Exchange Commission, SEWELL CHAN, Standard & Poor's, Stockholm syndrome, University of Pennsylvania
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s Note: business seems more concrete and logical than say, religion. But the truth is that all of finance and the economy is based upon three things: (1) trust, (2) credibility and (3) belief. Example: If you believed that the U.S. Dollar was going to be worthless (as has happened in our history) would you […]

Tags: belief, credibility, Pecora, trust, Wall Street Journal, Zweig
Posted in bubble, Corruption, Eviction, securities fraud |