Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield, M.B.A., J.D. Call in at (347) 850-1260, 6pm Eastern Thursdays see Brock and Scott Law Firm Sued Under FDCPA I think the recent spate of cases against law firms who collect debts is indicative of the tremendous liability assumed by a lawyer […]

Tags: 15USC§1692, attorney liability, FDCPA, FDCPA Statute, foreclosure mills, foreclosure sale, Foreclosure scams
Posted in Uncategorized |

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most “foreclosures” initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt. It has long been obvious to me that the money trail is […]

Tags: auction bid, Bayview, BONY, Chase, foreclosure sale, fraud, JPM CHASE, Mellon, money trail, proceeds of sale
Posted in discovery, evidence, legal standing |

Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, […]

Tags: beneficiary, credit bid, duly perfected title, Eviction, foreclosure sale, owner of the debt, Substitution of Trustee, the debt, TRIAL OBJECTIONS, trustee, TRUTH, Unlawful Detainer
Posted in Eviction |

For litigation support (to attorneys only) and expert witness consultation, referrals to attorneys please call 954-495-9867 or 520 405-1688. Since the distributions are made to the alleged trust beneficiaries by the alleged servicers, it is clear that both the conduct and the documents establish the investors as the creditors. The payments are not made into […]

Tags: 90 day cutoff, Adam Levitin, foreclosure sale, IPO, ownership of the debt, ownership of the loan documents, Propsectus, PSA, Reg Z, REMIC, securitization fail, Servicer advances, trust, trust beneficiaries
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses |

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 |

One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic […]

Tags: Auction, Bill Paatalo, credit bid, default, foreclosure sale, Notice of Default, Notice of Sale, redemption, reinstatement, standing
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

  Now that Federal Reserve is nearly done buying the worthless mortgage bonds, the banks have shown that they are in fact making money hand over fist and the government is feeling less fearful about toppling the financial system with financial regulation. Based upon my interview with a highly placed well-informed source who prefers to […]

Tags: account receivable, borrowers, credit default swaps, Federal reserve, foreclosure sale, investors, mortgage bond insurance, mortgage bonds
Posted in Corruption, Eviction |

What’s the Next Step? Consult with Neil Garfield CHECK OUT OUR NOVEMBER SPECIAL For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s […]

Tags: appraisal fraud, credit bid, Eviction, foreclosure sale, foreclosure scam, fraud, legitimate debt, pension funds, seniors foreclosure, underwater, widow foreclosure
Posted in bubble, Corruption, Eviction, securities fraud |

Submitted by Charles Koppa. 6/9/2010 Editor’s Note: We are starting to look at events AFTER the sale has taken place and we are discovering a number of things: CREDIT BID: Only the Creditor can submit a credit bid. All others must pay actual money. If a non-creditor submitted a credit bid (essentially bidding the “amount […]

Tags: Auction, bookkeeping trust, credit bid, fabricating documents, foreclosure, foreclosure sale, fraudulent foreclosure, Identification Numbers, Lehman Brothers, MERS, MIN, NOD, NOTS, OREO, property records, REO, sale, servicer
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

“a ‘thing’ which has no purpose, which is absolutely conceptual and highly theoretical and which nobody knows how to price.” Editor’s Note: Think about it. The foundation of the supply of money that was pressure pumped into our economic housing system resulted in inflation of home appraisals. It was so large that everyone thought the […]

Tags: ABX, appraisers, Fabrice "Fabulous Fab" Tourre, foreclosure sale, free house, Goldman Sachs, Great Depression, Gregory White, rating agencies, Scandals, SEC, Times of London., Tourre, Wall Street
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |