What's Working? — Agenda for Today's Conference Call with Subscribing Members

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At the request of the members, I will be publishing an agenda before each conference call. The agenda is subject to changes depending upon news of the day, the questions asked by attorneys and laymen, and any case decisions that should be discussed. As always, the conference call is recorded and sent to any member who requests it.

Click Here to Subcribe Now and Participate in this Afternoon’s Teleconference.

Send your questions to neilfgarfield@hotmail.com. (Remember the middle “F”).  In the subject line Type “QUESTION FOR TODAY’S TELECONFERENCE”. If you are requesting a copy of the audio file, send the request to the same address and allow for up to 2 days for delivery to your email account. Conference lasts 1.5 hours.

1. What is working in court and what isn’t getting any traction. Just because you are right on the law doesn’t mean the Judge will apply it as you want.
2. Show Me the Money: Asking for proof of the payment or funding of the loan or transfer of the loan.
3. Challenges to Authority to represent — especially when the lawyer says he represents the pretender lender, the trustee and MERS.
4. Challenges to Old Trustee on Deed of Trust.
5. Challenges to “substitute trustee.” Usually the substitute trustee is owned or controlled by the the party claiming to be the creditor, which amounts to a creditor naming itself as the trustee. In non-judicial states the duties of the Trustee on a deed of trust are to replace what would otherwise have been a court of law. The old trustees should be challenged to assert their authority and to contest the substitution based upon information you provide.
6. Hogan Case in Arizona, up for Oral argument this month before the Az Supreme Court
7. Strategic defaults: why they are rising and what that means for the housing market.
8. Questions and answers

Remember that this is for general information only and not to be used as legal advice on your case. Before making any decision as to your home or mortgage or anything else you hear on these phone conferences with me, you should consult with an attorney licensed in the jurisdiction in which your property or dispute is located. The days of successful pro se litigants are coming to a close. The cases are becoming more and more fights over procedure and rules of evidence. Laymen are ill-equipped to deal with the actions and arguments in the context of procedural battles.

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |