BE CAREFUL WHAT YOU ADMIT!!!
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
You received a loan, didn’t you?
You didn’t pay, did you?
You signed the note, didn’t you?
You signed the mortgage didn’t you?
Tonight’s show is all about why all of those questions are irrelevant. How to instruct the court and convince the judge to rule accordingly is a skill that most people, including lawyers don’t possess, because they share a mythology with the judge that the loan accounts actually exist. And they consent to this myth because they can’t imagine how it could be otherwise.
The logic is relentless. Once you admit the existence of a loan account, it is only natural to assume there must be an owner of it. Because a loan account only exists because someone paid for it. But it is relentless and wrong only because it starts from the wrong premise.
So THEN if you didn’t make the expected payments, someone lost money. Since there is nobody else making the claim, the person who sued you or the person who supposedly authorized the filing of a notice of default and notice of sale must be an authorized claimant.
And once all that is assumed and presumed, you are dead in the water and that is why lawyers have convinced themselves they can’t win these cases even though they could win most of them.
And that in turn is why most homeowners fail to defend the biggest investment of their lives and let greedy banks take it away for fun and profit. That house is yours. And taking it away is the civil equivalent to capital punishment. That is why there are extra statutory protections gains someone taking it who is not going to use the money to pay down the debt account.
The problem is that you admitted something that you knew nothing about. No borrower knows what happened to the loan account even at the time of the origination. No borrower knows what happened after that either. So why would you admit something you know nothing about?
If you want to successfully challenge a foreclosure you must start on your toes, not your heels. And if you admit the existence of the loan account, you are just guessing and you basically are in a bad position, on your heels, with your entire defense narrative being “yes, but.” For the judge, though, there is no “but. “
So here is how you go about opening the judges eyes.


