There have been multiple questions directed at me over the issue of consideration arising from presumptions made about a note and mortgage that appear to be facially valid. Those presumptions are rebuttable and indeed in many cases would be rebutted by the actual facts. That is why asserting the right defenses is so important to […]

Tags: adequacy of consideration, consideration, contract law, credit bid, creditor, creditor bid, discovery, foreclosure sale
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, Servicer |

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 |

Damage awards for wrongful foreclosure are rising across the country. In New Mexico a judge issued a $3.2 million judgment (including $2.7 million in punitive damages) against Wells Fargo for foreclosing on a man’s home after his death even though he had an insurance policy through the bank that paid the remaining balance on his […]

Tags: compensatory damages, contingency fee, discovery, FDIC, foreclosure, insurance, loss sharing, mortgage insurance, New Mexico, Pleading, punitive damages, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I produced a memorandum as an expert witness and consultant in litigation support for a lawyer in California that after re-reading it, I think would be helpful in all foreclosure litigation. I have excerpted paragraphs from the memo and I present here for your use. Plaintiff/Appellant has pre-empted the opposing parties with a lawsuit that […]

Tags: 14th amendment, CALIFORNIA, discovery, due process, judicial foreclosure, NONJUDICIAL
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

One of the more controversial statements I have made is that certain types of payments from third party sources should be applied, pro rata, against loan balances. Some have stated that the collateral source rule bars using third party payments as offset to the debt. But that rule is used in tort cases and contract […]

Tags: Allocation of Third Party Payments, asset pool, credit default swaps, CREDIT EVENT, discovery, foreclosure, guarantees, insurance, Master Servicer, offset
Posted in Corruption, evidence, Modification, Motions, Pleading, securities fraud, Servicer |

For assistance in understanding the content of this article and purchasing services that provide information for attorneys and homeowners see www.livingliesstore.com. Josh Arnold has written an interesting article that reveals both realities and misconceptions arising from gross misconceptions. His misperceptions arise primarily from two factors. First he either ignores the fact that JPM was integrally […]

Tags: Alan Greenspan, closing statement, discovery, JPM, opening statement, proprietary trading, quiet title, TILA, TILA damages, undisclosed compensation at loan closing
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

There have been many admissions by government officials and even parties to the litigation over mortgage Foreclosures to the effect that at this point the ownership of most loans is in doubt. Even President Obama said it, reflecting the views and advice of the senior advisors at the White House. On appeal, recently in California, […]

Tags: Balboa, Bank of America, discovery, forced placed insurance, liability insurance, mortgages, PMI, title insurance
Posted in Corruption, evidence, expert witness, Modification, Pleading, securities fraud, Servicer |

“Powers of attorney are fraught with problems. Title attorneys and title insurance companies are reluctant to accept them, and will insist on making sure that the proper form and correct language is included in the document. You should not use the forms that can be obtained free of charge (or even for a fee) on […]

Tags: discovery, forensic analysis, powers of attorney, succession
Posted in Corruption, Eviction, securities fraud |

Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert Declaration. The only reason they are separate is that too many people only wanted or could only afford one or the other — all three should be purchased. The Combo is a road map for […]

Tags: authority of servicer, california foreclosure, delay tactics, discovery, florida foreclosure, forensic analyst, Glaski Case, legal representation, litigation support, livingliesstore.com, money trail, paper trail, preservation letter, PSA, Reports and Analyses, securitization, UCC
Posted in Corruption, Eviction, evidence, expert witness, securities fraud, Servicer |

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer […]

Tags: account payable, account receivable, affirmative defenses, discovery, distribution reports, generally accepted accounting principles, Pleading, Securities and Exchange Commission, securitization, setoff, the money trail
Posted in Corruption, Eviction |