I have frequently commented that one of the first things I learned on Wall Street was the maxim that the more complicated the “product” the more the buyer is forced to rely on the seller for information. Michael Lewis, in his new book, focuses on high frequency trading — a term that is not understood […]

Tags: appraisal fraud, bailout, countrywide, disclosure, Fannie, foreclosure, foreclosure defense, foreclosure offense, FORECLOSURE SETTLEMENT, fraud, RESPA, securitization, TILA audit
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, 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 |

EDITOR’S NOTE: By popular demand I am writing a new workbook that is up to date on the theories and practices of real estate loans, documentation, securitizations and effective enforcement and foreclosure of the collateral (real property — i.e., the house). The book will be finished around the end of January. If you want to […]

Tags: acceptance, assignment, Bench Book, consideration, debt, foreclosure defense, foreclosure defense workbook, Garfield Continuum, Judge Jennfier bailey, loan contract, Mortgage, mortgage transactions, note, note mortgage, offer, securitization, workbook
Posted in evidence, Modification, Motions, Pleading |

An ordinary individual finds a sack of promissory notes, and you might expect him to try to locate the owners of those notes. After all they are the equivalent of cash. But the banker sells the stolen notes with false assignments, insures them, gets them guaranteed with payment proceeds to himself and then settles with […]

Tags: affirmative defenses, answer, existence of the debt, financial injury alleged, foreclosure defense, jurisdiction, pleading requirements for foreclosure, proving annegative
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Responding to specific requests from lawyers and homeowners, the livinglies store has changed its offering. Www.livingliesstore.com You can still get the old Combo of just a title and securitization report, but we have added some levels and services to meet the demand for our services. Of course pricing has been adjusted to reflect the increased […]

Tags: COMBO, consent order, DVL, FOIA, foreclosure defense, GGKW, interrogatories, litigation support, QWR, RESPA 6, Title and Securitization Report
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

You read the news on one settlement after another, it sounds like the pound of flesh is being exacted from the culprits again and again. This time the FHFA, as owner of Fannie and Freddie, is going for a settlement with Bank of America for sale of “faulty mortgage bonds.” And most people sit back […]

Tags: Bank balance sheet, Bank of America, defective mortgage bonds, defective mortgages, Fannie, faulty mortgage bonds, faulty mortgages, FHFA, foreclosure defense, Freddie, loan closings, loan origination, mortgage bonds, sale of loans, underwriting mortgage bonds
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

Forbes has taken notice. There is a shift toward borrowers in mortgage litigation. The decision points back to the origination of the loan. This decision follows a similar decision in the 4th circuit. It all comes down to what actually happened at closing? And we don’t actually know if the decision to allow rescission indefinitely […]

Tags: banking, foreclosure defense, rescission, TILA, truth in lending
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The difference between Weidner and many other attorneys is that he goes into a case believing he can win it — and he’s right. Other attorneys believe their position is hopeless and seek only delays or modification — and they are wrong. Weidner has resisted the knee jerk reaction to these cases to believe that […]

Tags: Aurora Bank FSB f/k/a Lehman Brothers Bank, Aurora Loan Services, business records exception, foreclosure defense, hearsay, Matt Weidner, OBJECTIONS, Residential Funding, trial practice
Posted in Corruption, Eviction, securities fraud |

Here it is. http://www.blogtalkradio.com/senkalive/2013/07/13/hope-for-justice-is-our-only-weapon-1 Danielle Kelley, Esq., a partner in the litigation firm of Garfield, Gwaltney, Kelley and White, returns to blog talk radio revealing the latest bank scamming on mediation, modification and settlement of illegal collections and Foreclosures by the Wall Street Banks.

Tags: Bank of America, Florida, foreclosure defense, modifications, Urban Lending Solutions
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, Servicer |

THE MYTH OF FORECLOSURE SINCE 2001: “why would the banks foreclose unless they had to? The banks don’t want the homes and they don’t want to foreclose. The banks just want to get repaid for a legitimate loan.” There is a natural tendency to believe that the bank would not be in the courtroom seeking […]

Tags: foreclosure defense, foreclosure strategy, foreclosure tactics
Posted in Uncategorized |