Archives by Tag ' hearsay '
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will discuss the curious case of blatant economic fraud on the entire country by investment banks. They figured out how to eliminate the risk of loss on lending, how not to […]
The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of […]
us-bank-na-v-mattos-sup-ct-hi-no-scwc-14-0001134-jun-6-2017 Note that the courts try to calls balls and strikes not decide, at least on appeal, who should win and then give an opinion that fits. It doesn’t always work that way but many courts do follow that simple rule of blind justice. ===================== WORKS: Objection to qualified witness status, no records from the […]
As foreclosure defense lawyers have been saying for years, the Ocwen Boarding process is a sham. “This boarding process is a legal fiction, and it means something different to every entity,” Butchko ruled from the bench during a March 17 hearing. Ocwen does not verify any of the data. It downloads it and then “calls it […]
The Pooling and Servicing Agreement MIGHT be self-authenticating under F.S. 90.902 but still inadmissible as hearsay. Thus the PSA is NOT a substitute for evidence of an actual transfer of the loan to a purported REMIC trust. PLUS: PRESUMPTION OF STANDING DOES NOT APPLY IF THE NOTE AT TRIAL IS DIFFERENT FROM THE NOTE ATTACHED […]
Too many lawyers and pro se litigants look at the title to a document and don’t know what else to do with it. They accept as true that a document is what is stated. That is one of the many trapdoors the banks have laid for us. Listen to the Last Neil Garfield Show at http://tobtr.com/s/9673161 […]
For the past 15 years there has been a huge chasm between what a document says and what actually occurred. In foreclosure settings, the conscious decision has been made to ignore the Truth and proceed on the falsehoods promulgated by the banks. This arises from the “national security” fear that if the banks are not […]
The arrogance of the banks is subsumed in the decisions of courts. That the writer of an instrument would attempt to literally write language into an instrument that contradicts the laws of evidence is arrogant; but the fact that judges are accepting it because it appears in black and white, is abdication of the judicial […]
Business Records Exception On Shaky Ground: The main point is foundation: the affidavit or testimony by the robo-witness must show that the company he works for is in fact the servicer of the loan, as authorized by the owner of the debt, and that he/she has actual knowledge of the procedures and posting policies of […]
Show me any other period in American history where banks lost so many cases. Schedule A Consult Now! https://www.vcita.com/v/lendinglies to schedule, leave message or make payments. ================ THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- see http://caselaw.findlaw.com/fl-district-court-of-appeal/1664754.html The heat on the banks has […]
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