Zombie Debt
‘Zombie Debt’: Homeowners face foreclosure on old mortgages A growing number of homeowners say they are being blindsided by recent foreclosure actions on their homes over second loans that were taken out more than a decade ago ByMICHAEL HILL Associated...
Holder of the note in due course for foreclosure defense
Holder of the note in due course for foreclosure defense Don’t ask for the true identity of the “holder of the note.” Ask instead for the identity of the holder in due course or the creditor. Neil GarfieldNov 18 The point is not the identity of the...
The “Debt” rabbit hole
The “Debt” rabbit hole Neil GarfieldNov 17 Take care to distinguish what contract you’re talking about. If you receive money, the law says you must give it back unless it was payment for something or it was a gift. In that sense, the law imposes a contract on...
How To Stay Organized When Dealing With Legal Documents
How To Stay Organized When Dealing With Legal Documents Megan Cooper Being organized is important in all aspects of life, but it’s downright crucial when it comes to legal documents. Legal documents often contain sensitive information that needs to be kept...Auto Draft
How to Defeat Claims of Business Record Exception to the Hearsay Rule in Foreclosure Defense Neil GarfieldNov 16 It is the absence of evidence that becomes evidence of absence. Suppose you ask any litigator who has experience in defending foreclosure claims. In that...
Foreclosure Daily News Update ⋅ November 14, 2022
Foreclosure Daily update ⋅ November 14, 2022 NEWS Foreclosure – Opelika Auburn News Opelika Auburn News L423 MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed...
Shellpoint Mortgage Fraud
Where’s Waldo? You need to stare at something for a while before you see everything. Neil GarfieldNov 7 While I was doing a CONSULT for someone, a reminder popped up on my computer screen relating to a statement sent under the letterhead of “Shellpoint.”...
How to use expert witness or subject matter expert testimony to stop foreclosure and win a quiet title lawsuit or wrongful foreclosure lawsuit
How to use expert witness or subject matter expert testimony to stop foreclosure and win a quiet title lawsuit or wrongful foreclosure lawsuit “Experts” and Fact Witnesses Neil GarfieldNov 3 A lot of people contact me asking for an expert report. Most have no...
Hawaii Homeowners Win Wrongful Foreclosure Lawsuit
Hawaii Homeowners Win Wrongful Foreclosure Lawsuit Attorney Gary Dubin Does it Again In Hawaii: Persistence Pays Neil GarfieldOct 28 Gary Dubin is one of the few lawyers with more life and legal experience than I have. While I have won most of my trial cases,...Next Webinar on How to Research Your Judge–details
Webinar on How to Research Your Judge (with an eye to determining if he or she is accepting bribes) to take place on November 3 at 2 pm Central. I am keeping this at a low fee of $30 so all who wish to may join. To register please contact me via FB or at...Revealed–The Inside Scoop. F.A.C.E.U.S. (Families Against Court Embezzlement Unethical Standards)
Revealed–The Inside Scoop. F.A.C.E.U.S. (Families Against Court Embezzlement Unethical Standards) Call the show at 7:55 pm your time to this number 845-241-9962 press a one. If you have friends that want to call in and listen or have a question or a comment, they call...
Ocwen and PHH Mortgage Servicing Fraud
Ocwen and PHH Mortgage Servicing Fraud Maybe a subpoena to Scott Anderson will shake the tree Neil GarfieldOct 25 Ocwen is the parent company, and PHH is said to be a subsidiary and subservicer in charge of underperforming or nonperforming accounts. Those who read...
Court Orders Depositions of Top Biden Officials in Missouri AG’s Case for allegedly colluding to suppress freedom of speech.
Court Orders Depositions of Top Biden Officials in Missouri AG’s Case for allegedly colluding to suppress freedom of speech. October 24, 2022Contact: Constituent ServicesOffice: 573-751-3321 JEFFERSON CITY, Mo. – Missouri Attorney General Eric Schmitt announced...
5th circuit court of appeals ruled that the designs of the CFPB violated the constitution
5th circuit court of appeals ruled that the designs of the CFPB violated the constitution It is important to note the recent 3 judge panel of the 5th circuit court of appeals ruled that the designs of the CFPB violated the constitution because it received...
A Small Business Owner’s Guide to Preventing Fraud and Data Hacks
A Small Business Owner’s Guide to Preventing Fraud and Data Hacks By Megan Cooper 1/018/2022 Cybercrime is on the rise, with criminals targeting both individuals and businesses. If you’re a business owner, you want to do all you can to prevent being...How to Research Your Judge Webinar
How to Research Your Judge Webinar Concerns are ramping up on so many levels now that the US government has gone rogue. The concerns about the integrity of the legal system are fundamental to these perceptions. Many of us are embroiled in horrific...Auto Draft
For those “refinancing” mortgage transactions, homeowners might literally, morally and legally owe nothing. Neil GarfieldSep 22 the lawyer representing you might consider forcing the issue and asking whether the claimant is asserting HDC status. Or the lawyer...
Foreclosure News Daily update ⋅ September 12, 2022
Foreclosure News Daily update ⋅ September 12, 2022 NEWS The hitch? That small print in SUN mortgage documents. – The Boston Globe The Boston Globe … Neighborhoods) has helped about 1,000 families avoid foreclosure. … SUN acquires occupied...
FRAUD STOPPERS Daily Fraud News Update ⋅ September 8, 2022
FRAUD STOPPERS Daily Fraud News Update ⋅ September 8, 2022 NEWS Steve Bannon indicted on state charges of money laundering, conspiracy and fraud related … CBS 58 … money laundering, conspiracy and fraud related to border wall effort … Bannon on...
Challenging Banks Foreclosure Lawyers
Challenging the Lawyers for the Foreclosure Mill Neil GarfieldSep 7 Based upon 16 years of research, an investigation by our company, an investigation by third-party forensic analysts, and an investigation by law enforcement and law markets (see 50 state...
Foreclosure Defense Strategy
The Strategy of Foreclosure Defense Neil GarfieldSep 2 I recommend against raising an issue that you cannot prove. Specifically, the allegation that there are false claims of securitization of debt broadens the litigation beyond that which the judge is likely to...
Foreclosure Daily update ⋅ September 2, 2022
Foreclosure Daily update ⋅ September 2, 2022 NEWS 4 Costly Dangers of Buying a Foreclosure—and How To Avoid Them – Realtor.com Realtor.com Buying a foreclosure can be complicated, and that seemingly cut-rate deal may not save you as much money as...
Foreclosure Loan Modification Fraud
Foreclosure Fraud: Watch Out for Con Artists Who Make Offers They cannot Fulfill. This includes “servicers” offering modifications. Neil GarfieldSep 1 As foreclosure filings and threats spike, so too will the number of fraudulent offerings that guarantee you an...
Securitization is a Ponzi Scheme
Securitization is a Ponzi Scheme. Homeowners are merely collateral damage. Neil GarfieldAug 30 Ponzi schemes work because of the continuing success of the tactical big lie — i.e., nobody would tell a lie that big because it would discovered and therefore it must...
Suing mortgage loan servicers for fraud
Drafting complaints against the pretender lenders and pretender servicers. Neil GarfieldAug 29 Many people try to draft lawsuits against the “servicers” and other actors who pretend to have credentials and status in connection with the existence,...
Foreclosure Mortgage Fraud Daily News Update ⋅ August 31, 2022
Foreclosure Mortgage Fraud Daily News Update ⋅ August 31, 2022 NEWS Foreclosures are rising with the end of COVID-era moratoriums. Here’s where they’re … The Columbus Telegram Overall, foreclosure rates on homes across the country were up 143% in...
holder of the note in due course
Homeowners! You need to know this! The difference between the possessor of a note, the holder, and the holder in due course. Neil GarfieldAug 25 Uniform Commercial Code preempts principles of common law and equity that are inconsistent with either its provisions or...N.Y. Senate Passes Foreclosure Abuse Prevention Bill
N.Y. Senate Passes Foreclosure Abuse Prevention Bill Steven Goode MAY 04, 2022 Gov. Kathy Hochul is expected to sign the controversial bill into law. As expected, the New York State Senate on Tuesday easily passed a controversial bill aimed at foreclosure reform. The...
Mortgage Fraud Daily update ⋅ August 18, 2022
Mortgage Fraud Daily update ⋅ August 18, 2022 Foreclosure Mortgage Fraud NEWS Q2 2022 Quarterly Mortgage Fraud Brief – CoreLogic® CoreLogic The CoreLogic Mortgage Fraud Brief analyzes the metro areas with the highest mortgage fraud risk on a quarterly basis, and...
Here is why the Judge doesn’t answer your questions in court
Here is why the Judge doesn’t answer your questions in court Neil GarfieldAug 12 I think the biggest mistake that trial lawyers and pro se litigants make is that they think their questions, especially those supported by forensic reviews, are sufficient to rebut the...
The Pooling and Servicing Agreement in Foreclosure Defense & Wrongful Foreclosure Lawsuits
The Pooling and Servicing Agreement is NOT a Trust Agreement Neil GarfieldJul 12 Unknown to lay people in court, the admission of an allegation or implied allegation (or even an argument) is the same thing as establishing that “fact” as true even if...MERS and MERSCorp: What is it? NY Court tries to sort it out and misses the point.
MERS and MERSCorp: What is it? NY Court tries to sort it out and misses the point. Neil GarfieldJul 6 DreamBuilder-Invs.-v.-Merscorp-Holdings-Inc Bill Paatalo brought this case to my attention. Reading the entire case, one gets important clues on how to sue MERS and...
Disqualification of Foreclosure Mill Attorney
Disqualification of Foreclosure Mill Attorney Neil GarfieldJul 5 Over the years many lawyers and laypeople have sent me proposed motions to disqualify or bar opposing counsel from representing to the court that the bank he or she named in a complaint or claim is his...
Discovery you can’t afford to miss: the SEC
Discovery you can’t afford to miss: the SEC! Discovery you can’t afford to miss: the SEC! (OP-ED) — The opinions expressed herein reflect those of the author and should not necessarily be construed as legal advice; however, the material has been vetted by...
Guidance on legal argument in foreclosure cases
Guidance on legal argument in foreclosure cases Neil GarfieldJul 1 OK. There are several aspects here. The most important one is to educate the judge and persuade the judge to apply existing legislative laws specifically the state laws adopting 9-203 of the UCC...Auto Draft
Foundation Objections and Notices to Produce at Trial Neil GarfieldJun 30 The assertion, allegation, or argument that the case even involves a trust or trustee requires a legal foundation. The legal foundation consists of a witness who is competent to testify about...
FBI looks to educate more on elder fraud
FBI looks to educate more on elder fraud By Charles Montgomery Published: Jun. 1, 2022 at 3:28 PM CDT HUNTSVILLE, Ala. (WAFF) – Have you or a family member ever been contacted through social media or by email with someone demanding payment? Maybe you...
Defaulted Mortgages and Foreclosure Defense
Defaulted Mortgages and Foreclosure Defense Before you use the word “Default” know this: Neil Garfield Upon reflection, I think part of the problem is that most people including judges, don’t truly understand the meaning of the word “default.” A...
Mortgage Foreclosure Fraud Daily News Update ⋅ May 31, 2022
Foreclosure Daily News Update ⋅ May 31, 2022 FRAUD STOPPERS NEWS Foreclosure Pressure Not Easing for Some Minnesotans – Public News Service Public News Service The Federal Reserve Bank of Minneapolis recently reported nearly 10 rural Minnesota counties had...
Foreclosure Daily News Update ⋅ May 30, 2022
Foreclosure Daily News Update ⋅ May 30, 2022 FRAUD STOPPERS NEWS (Published in the Brainerd Dispatch, May – Brainerd Dispatch – Brainerd Dispatch (Published in the Brainerd Dispatch, May – Brainerd Dispatch | News, weather, sports from Brainerd...
What to do after sending a Qualified Written Request (QWR) Letter or Debt Validation Letter (DVL)
What to do after sending a Qualified Written Request (QWR) Letter or Debt Validation Letter (DVL) OK I Sent a QWR and DVL. Now what? Neil Garfield The first thing you need to know is that there is no obligation to answer the notice if the questions are not...
Daniels v. Select Portfolio Servicing
11th Circuit Ct of Appeals Breaks New Ground — in favor of homeowners! Neil Garfield May 26 Daniels v. Select Portfolio Servicing, Inc., No. 19-10204 (11th Cir. May 24, 2022) The fact pattern sounds like something out of Gulliver’s travels. Statements are...
winning a fcra case post foreclosure
Winning a FCRA Case Post Foreclosure Winning an FCRA case on the back end of a foreclosure … on appeal in the 9th Circuit Deadly Clear May 19 Reblogged from Clouded Titles Blog: gross-v-citimortgage-inc-et-al-9th-app-cir-no-20-17160-may-16-2022Download (BREAKING...
How Homeowners Can Win Foreclosure Cases
How Homeowners Can Win Foreclosure Cases Homeowners with Courage and Conviction Generally Win Foreclosure Cases Neil Garfield I often receive links to cases that either corroborate what I have been saying or challenge my conclusions. Many of those links are opinions...
Pig in a Poke a Promissory Note is NOT a debt
A Promissory Note is NOT a debt. It is evidence of the debt and terms of repayment. Neil Garfield I can remember back when Nova Law Center was an old building on what and been a World War II airstrip. My fellow students and I would satisfy our need for speed on those...
Quiet Title Actions
Quiet Title Actions, Multiple Scenarios and Suspected Court Overreach Deadly Clear May 3 Reblogged from Clouded Titles Blog: (BREAKING NEWS, OP-ED) — The author of this post is a paralegal and trial consultant to attorneys on chain of title issues. The article...
Post Foreclosure Options
Post Foreclosure Options If the house is sold, is there anything I can do? Neil Garfield At least 40% of the inquiries received by my office ask what they can do after the auction has occurred or even after the REO property has been liquidated. As I have stated...
Deutsche Bank Searched Over Anti-Money Laundering Report
Deutsche Bank Searched Over Anti-Money Laundering Report (Bloomberg) — Deutsche Bank AG’s offices in Frankfurt are being searched by law enforcement authorities over reports about potential money laundering that were filed by the lender. Police were at the...
Mortgage Foreclosure Fraud Daily News Update ⋅ May 5, 2022
Homeowners Alert! You Are Corresponding With Machines, Not People. Neil Garfield Most people do not spend their time keeping up with advances in technology. When it comes to their front door they know it has arrived. For about 12 years I have been telling people that...
Why the CFPB Announcement is Very Important
Why the CFPB Announcement is Very Important Neil Garfield when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated “servicer” are not business records that are not exempt from...
Foreclosure Fraud & Mortgage Fraud Daily News Update ⋅ April 27, 2022
Foreclosure Daily News Update ⋅ April 27, 2022 NEWS Where Foreclosures Could Take Years to Process | Realtor Magazine Realtor Magazine Homes foreclosed on in the first quarter have been in the foreclosure process an average of 917 days—about 2.5 years, according to...
Post Foreclosure Trial Options
Post Foreclosure Trial Options When the homeowners loses in the trial court what are the options? Foreclosure litigation is a very special type of case. Normal rules of limitation and basic requirements of proof have been softened in favor of giving lawyers the...
JURISDICTIONAL CHALLENGES
JURISDICTIONAL CHALLENGES MUST NOT BE AIMED AT THE MERITS OF THE CLAIM Neil Garfield Apr 25 “Jurisdiction” is a term used to define whether or not the court has any authority to hear the case. Filing a bogus claim DOES invoke the jurisdiction of the court...
knowledge of securitization to win foreclosure and quiet title cases
How to use your knowledge of securitization to win foreclosure and quiet title cases Neil Garfield Apr 22 In an effort to show the relevancy of securitization in the collection businesses established with each new transaction with homeowners, I have had some...
How to Win a Foreclosure Case or Quiet Title Lawsuit
How to Win a Foreclosure or Quiet Title Lawsuit Homeowner Beliefs and Fears Drive Losses in Court Neil Garfield There is no “YES”. There are many people who get angry with me for ascribing some blame to the homeowners themselves for the toxic economic...
Foreclosure Mortgage Fraud Daily News Update ⋅ April 19, 2022
Mortgage Fraud Daily News Update ⋅ April 19, 2022 NEWS MLO Mentor: HECM fraud and abuse | firsttuesday Journal First Tuesday Journal This article discusses abuse, theft, and fraud schemes related to Home Equity Conversion Mortgages (HECMs). 9 mortgage scams you...
MERS and the problem of false agency
MERS and the problem of false agency Posted on April 19, 2022 by Neil Garfield Since the beginning of this century, The initial transaction with homeowners was the product of multiple layers of paperwork, most of which were neither identified nor accessed by consumers...
Fake Notices from Fraudulent Mortgage Loan Servicers
Fake Notices from Fraudulent Mortgage Loan Servicers Notices To and From Servicer Might Mean Nothing at All by Neil Garfield In homeowner finance, ALL claims start with notices from third parties with whom the homeowner has previously had no communication. My...
Interlocutory Appeals in Foreclosure Defense
Interlocutory Appeals in Foreclosure Defense Don’t wait until the end: Interlocutory appeals succeed where the issues are narrow by Neil Garfield Aggressive litigation means basically that the lawyer or pro se litigant uses every tool in the box to force the...
Mortgage Fraud & Foreclosure Daily News Update ⋅ April 14, 2022
Mortgage Fraud Daily News Update ⋅ April 14, 2022 Robert Morgan surrenders $16.3 million to feds to settle mortgage fraud case – Buffalo News Buffalo News Robert C. Morgan didn’t just plead guilty to a felony related to mortgage fraud this week. The...
Former Sheriff Incarcerated for Refusing to Shut up about Guardianship Abuses
Former Sheriff Incarcerated for Refusing to Shut up about Guardianship Abuses By Janet Phelan As shock waves, initially engendered by the revelations of abuse in the high-profile conservatorship of pop star Britney Spears, begin to subside, another guardianship case...
Facts About Bad Mortgage Loans
Facts About Bad Mortgage Loans How significant a risk is noncompliance with consumer protection laws? The mortgage industry is struggling to comply with consumer protection laws. A remarkable report published by the FDIC Office of the Inspector General reveals that...
Why the UCC Matters in Foreclosure Cases
Why the UCC Matters in Foreclosure Cases by Neil Garfield The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first...
Requirements to Qualify as an Expert Witness in Foreclosure Defense Case
You Don’t Need to Call a Forensic Investigator as an Expert: He or she can be called as a fact witness thus avoiding any requirements to qualify an expert. by Neil Garfield I keep getting messages from homeowners who are furious with the corrupt system of the courts...
Mortgage Servicer Fraud Exposed
Mortgage Servicer Fraud Exposed It’s the small stuff that reveals the fraud by Neil Garfield Several contributors to the blog have identified specific information regarding the true owner and operator of physical mail addresses used in connection with correspondence,...
Zombie Second Mortgages
What Are Zombie Second Mortgages? The zombie mortgages that are wreaking havoc today are second mortgages. Many were originated by predatory lenders in the years leading up to the 2007 financial crisis. During that era of frenzied lending, brokers often combined first...
Mortgage Fraud Daily News Update ⋅ March 28, 2022
Mortgage Fraud Daily News Update ⋅ March 28, 2022 Court convicts 50-year-old man over fraud | The Guardian Nigeria News The Guardian Nigeria News Justice Oluwatoyin Taiwo of a Lagos Special Offences Court has convicted a 50-year-old man, Abiodun Adeola Sadiq, for...
Truths about Foreclosure Defense
Truths about Foreclosure Defense Gary Dubin on the Attack in California: Simple Truths About Foreclosure Defense by Neil Garfield Dubin reports that the status of judicial consensus in California is pretty much the way it was before he entered the battle in Hawaii. I...
Avoid mortgage loan modification scams
Avoid mortgage loan modification scams March 26, 2022 Millions of homeowners struggled to make their mortgage payments during the COVID-19 pandemic, and it’s important for all homeowners to know about mortgage loan modification scams and how to avoid them. The...
A Victim’s Story From The Heart – Share Yours!
A Victim’s Story From The Heart – Share Yours! Three-time victim of foreclosure, Paris Dube, shares her personal story with all of you. She knows the stories all too well, since as a paralegal, she’s prepared hundreds of her FACT Reports for those...
Foreclosure Daily News Update ⋅ March 25, 2022
Foreclosure Daily Update ⋅ March 25, 2022 February Foreclosure Starts Dip Following January Spike – DSNews DS News Black Knight has released its “first look” at the February 2022 mortgage data finding that the national delinquency rate nearly returned...
Fake Money Fraudulent Mortgages
Fake Money Fraudulent Mortgages Do you have a fraudulent mortgage? Do you want to sue the bank for mortgage fraud, or foreclosure fraud? If so, join FRAUD STOPPERS because we have a proven way to help you save time and money and increase your odds of success getting...
Mortgage Fraud Daily News Update ⋅ March 23, 2022
Mortgage Fraud Daily News Update ⋅ March 23, 2022 CFPB Issues Policy on Contractual ‘Gag’ Clauses and Fake Review Fraud Consumer Financial Protection Bureau Many families learn about and shop for credit cards, mortgages, and other financial products...
Mortgage Servicing Fraud
Mortgage Servicing Fraud About that “servicer” by Neil Garfield If you refer to the company that has been named as the “servicer” for your “loan”, as your servicer or your lender, you are already wrong. Regardless of what company is named as...
How to Use RESPA Qualified Written Request (QWR) in Foreclosure Defense
How to Use RESPA Qualified Written Request (QWR) in Foreclosure Defense Qualified Written Request (QWR): How to use RESPAby Neil Garfield RESPA is a consumer protection statute that regulates the real estate settlement process, including loan servicing and...
Business Record Exception to Hearsay
Business Record Exception to Hearsay Oregon Case Directly Corroborates My Analysis of Business Record Exception to Hearsay by Neil Garfield The bottom line and the importance of this analysis is that the basis for any claim in foreclosure is the enforcement of...
difference between substantive claims or theories and the procedural opportunities to present them in foreclosure defense cases
Wading through the difference between substantive claims or theories and the procedural opportunities to present them by Neil Garfield A recent exchange of correspondence from a good client of mine (one of the legacy cases I am still directly litigating) produced...
Foreclosure Defense Information “Payment History” is not the loan receivable account
Foreclosure Defense Information “Payment History” is not the loan receivable account by Neil Garfield The payment history is not the loan receivable account by definition and it is never presented as such. Failure to recognize this obscure fact often results in...
foreclosures and securitization
2022: Recap of what we know about foreclosures and securitization by Neil Garfield Here is a line from another lawyer that I spoke with:”The investment banks were not selling securities and they can’t say that they were because if they did say that then...
Wilmington Trust Foreclosure Fraud
Wilmington Entities in Foreclosure by Neil Garfield The “Wilmington” name shows up with what appears to be increasing frequency in foreclosures. The bottom line, in my opinion, is that whenever the “Wilmington” name appears in foreclosure...
Mortgage Fraud Daily News Update ⋅ December 29, 2021
Delaware Federal District Court Challenges the Ghost Nature of REMIC Trusts and BY Implication the Role of Trustees by Neil Garfield This is subject to rehearing, reconsideration and appeal. But in Delaware where the financial industry is coddled to the point of...
131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest
131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest Join the demand for compensation from judges who have broken the law by hearing cases in which they have a financial interest and who abuse their power NOTES: I would be grateful if...
Foreclosure & Mortgage Fraud News Update ⋅ December 28, 2021
Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence by Neil Garfield The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled “Spoliation of Evidence and Non-party...
Evidence Against Bank of America and their Lawyers
Former Florida Supreme Court Justices issue Ominous Warnings about our Judiciary & The Evidence Against Bank of America and their Lawyers Please join us. We need all our prayer warriors! I have two hearings Wednesday and Thursday of this week before Judge Migna...
How Homeowners Can Win in Court
“I challenged that and the judge completely ignored the report and my challenge”: How homeowners without knowledge of legal requirements for practice in court lose cases they could have won. by Neil Garfield People often tell me that they challenged something in court...
Lack of Standing to Foreclose
Why You Need to Perform Investigation of Real Facts in the Real World by Neil Garfield I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they...
Foreclosure Daily News Update ⋅ December 16, 2021
If you want to stop a foreclosure sale, sue for mortgage fraud, quiet title, or wrongful foreclosure, file bankruptcy to stop a foreclosure sale using a little known bankruptcy secret to become mortgage free and walk away with a free house, you need several things to...
Foreclosure Daily News Update ⋅ December 14, 2021
Foreclosure Daily News Update ⋅ December 14, 2021 Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent … – JD Supra JD Supra The United States Supreme Court held in BFP v. Resolution Trust, that...
How To Respond in a Discovery Dispute with Wells Fargo, Fannie Mae and Wachovia as the Originator
You Can Use This As a Template for How I Would Respond in a Discovery Dispute — Especially with Wells Fargo, Fannie Mae and Wachovia as the Originator by Neil Garfield In a dispute between the attorney for the homeowner and the attorney for the alleged...
Foreclosure Daily News Update ⋅ December 13, 2021
Foreclosure Daily News Update ⋅ December 13, 2021 Worried your house might end up in foreclosure? $197 million in relief funds can help – Yahoo News Yahoo News The money can help homeowners catch up on mortgage delinquencies and prevent...
The Con
Greetings to you all: For some of you, it is has been a long time since we have spoken. Life does get busy and my client base is quite large so keeping in touch with everyone proves to be difficult. But I come to you today because I have promised each of you...
Mortgage Fraud & Foreclosure Fraud Daily News Update ⋅ December 10, 2021
Mortgage Fraud Daily News Update ⋅ December 10, 2021 Former Phoenix police officer arrested for PPP loan fraud – TheGrio TheGrio Former officer Toni Richardson is facing federal fraud charges after allegedly falsifying an application for the...
How Homeowners Win
Homeowners Win Only When They Litigate Properly — Not Because They Are Right by Neil Garfield There is a difference between securitization, on the one hand, and securitization of debt, on the other. They are not the same thing. The entire scheme that is currently...
COVID OSHA REGULATIONS RULES AND MANDATE MADNESS
COVID OSHA REGULATIONS RULES AND MANDATE MADNESS Please donate to support this work and spread the word at https://standupmichigan.com/ COVID_Article_Final OSHA, REGULATIONS, RULES, AND MANDATE MADNESS By Kristen Meghan, Sr. Industrial Hygienist Tammy...
Stop the Foreclosure Crisis: To All Local, State and Federal Government Officials
Stop the Foreclosure Crisis To All Local, State and Federal Government Officials: We, the people of the United States of America, are appalled by the ongoing foreclosure crisis and demand a new foreclosure and eviction moratorium until these issues are...
Free Debt Validation Letters To Stop Foreclosure
It’s a business. Anyone can make a claim. Anyone can say that they are representing someone who has a claim. If you don’t contest it, the claim might be presumed as valid even though it has no basis in fact. The investment banks don’t want you to...
Magna Bank, N.A. as Trustee is FRAUD
Magna Bank, N.A. as Trustee for registered holders of certificates issued under the name of the Macandcheese Acquisition Trust, Inc. an inactive corporation, for a nonexistent trust, series 2022-XL-1 by Neil Garfield So a friend of mine left her phone in my car. Here...
Foreclosure Daily News Update ⋅ December 2, 2021
How Could This Not Be a Loan? by Neil Garfield I think the one idea that sticks in the throat of nearly everyone is the idea that no money was loaned. That idea seems impossible and to many skeptics, it sounds like a snake-oil salesman trying to peddle what people...
Mortgage Fraud Daily News Update ⋅ November 29, 2021
Hi, everyone! I hope you are having a great start to your holiday season! American Property Owners Network ( APON) IS CALLING ON ALL THOSE WHO CARE to organize nationally against the fraudclosure machine! PLEASE SPREAD THE WORD! We need to meet to discuss networking,...
FRAUD STOPPERS Mortgage Foreclosure Fraud Daily News Update ⋅ November 26, 2021
HOW THEY DID IT: CONVENTIONAL LOAN TRANSACTION EXPLAINED by Neil Garfield The following link leads to an oversimplified chart of a conventional loan transaction, leaving out the actual people at each step and leaving out several of the computer servers:CHART:...
Revised UCC Article 9, IRC 1031, and Liens on Real Property
Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property. Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.Did the lien’s beneficial interest maintain perfection, and was it therefore...
Reverse Mortgages
If you have a reverse mortgage foreclosure to stop FRAUD STOPPERS can help you uncover if you have legal standing to sue for financial compensation, clear and free title to your home or better both! Join FRAUD STOPPERS PMA today and let us help you get the legal...
Black Knight
Missouri Attorney General Files Suit Against Springfield Public Schools for Sunshine Law Violations After Requesting Documents on Critical Race Theory in Schools November 16, 2021Contact: Constituent ServicesOffice: 573-751-3321 SPRINGFIELD, Mo. – Today, Missouri...
Stop Foreclosure Mortgage Fraud Daily Update ⋅ November 15, 2021
If you want to Stop Foreclosure and stop Mortgage Fraud you must get legal education, legal support, and legal documents. FRAUD STOPPERS has everything you need to Stop Foreclosure and Mortgage Fraud including: legal education, legal documents, court ready evidence,...
Biden and Court Clerks Trespassing on Private Businesses
Dear Commissioners for the Biden Administration and Court Clerks please stop trespassing upon our private business. Attached are just one example of the documentation of financial warfare for which we have presented to the treasury and the military provided for ex FBI...
Equitable Defenses Explained
Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended by Neil Garfield Homeowners are missing out on a huge opportunity for economic gain...What is the best way to prevent title scams
What is the best way to prevent title scams? Q: Recently, the focus has been on title theft and home loss. What is the best way to check the status of a title and prevent the property from being stolen? — James A: Real estate ownership fraud is serious, but...
Mortgage Fraud & Foreclosure Daily News Update ⋅ November 6, 2021
Are you behind on mortgage payments? Are you in or facing a foreclosure and at risk of losing your home? There are two main options to save your finances: a Chapter 13 bankruptcy or a Chapter 7 bankruptcy, and our experienced Nebraska bankruptcy attorneys are here to...
131 federal judges oversaw cases involving companies in which they or their families owned stock
131 federal judges oversaw cases involving companies in which they or their families owned stock BY DEBRA CASSENS WEISS SEPTEMBER 29, 2021, 10:37 AM CDT A Wall Street Journal investigation has found that 131 federal judges oversaw 685 court cases in the last decade...
Foreclosure & Mortgage Fraud Daily News Update ⋅ November 5, 2021
Want to allege fraud? Not so fast by Neil Garfield Both homeowners and lawyers like to throw around the term “fraud upon the court.” But it actually ends up diminishing the credibility of both. There are several reasons why you should not allege fraud...
This Sunday, Nov. 7–Organizing meeting; upcoming 5 facebook events; and affidavit-writing campaign
To our government officials Hi, fraudclosure heroes! Please forward the info below (and link to workshop Sunday ) to all who you consider leaders in helping victims of fraudulent foreclosure. Our board members, member-leadership, advisory board members and other...
Foreclosure & Mortgage Fraud Daily News Update ⋅ November 2, 2021
Those letters from the lawyer for the alleged “servicer” named PHH by Neil Garfield It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so — nor is it true that PHH has any right to receive any...
PennyMac Mortgage Fraud
FRAUD STOPPERS is the only organization, to our knowledge, that can provide you (and your attorney) with loan level data and mortgage securitization information for all Government-Sponsored Enterprise Mortgages, including Fannie Mae, Freddie Mac, Ginnie Mae,...
Mortgage Fraud & Foreclosure Daily News Update ⋅ October 29, 2021
Mortgage Fraud Daily News Update ⋅ October 29, 2021 Report reveals significant increase in mortgage fraud risk Mortgage Professional America At the end of Q2 2021, about one in 120 mortgage applications (approximately 0.83% of all applications)...
FRAUD STOPPERS Foreclosure & Mortgage Fraud Daily News Update ⋅ October 28, 2021
Foreclosure Daily News update ⋅ October 28, 2021 Home foreclosures are at record lows – Axios Axios Two months after the federal foreclosure moratorium ended, foreclosure activity in the U.S. is at a record low. Facing foreclosure?...
Mortgage Fraud & Foreclosure Daily News October 26, 2021
Foreclosure Daily update ⋅ October 26, 2021 NEWS Judge: Bridgeport church under foreclosure must be vacated – Connecticut Post Connecticut Post Moales had requested a stay of Meyer’s previous foreclosure order while he appealed it to the U.S. Second...
A Senior’s Guide to Making the Most of COVID-Related Life Changes
A Senior’s Guide to Making the Most of COVID-Related Life Changes By Bob Shannon The COVID-19 pandemic has changed everyday life. Senior citizens have been especially impacted due to the fact that they are a high-risk group, not to mention the constant threat of...
Foreclosure Mortgage Fraud Daily update ⋅ October 19, 2021
Foreclosure Daily update ⋅ October 19, 2021 NEWS Democrats Gopal, Houghtaling, and Downey Highlight Record of Protecting Tenants, Homeowners … Insider NJ … legislation that enacted a moratorium on foreclosures and evictions. … end...
How to Be a Friend to Seniors in Your Community
How to Be a Friend to Seniors in Your Community By Bob Shannon If you’re looking for some great ways to befriend and care for aging adults in your community, this guide is for you. Fraud Stoppers has compiled a list of resources with info on helping older adults,...
Good Foreclosure Defense
If you’re looking for a Good Foreclosure Defense we think you should countersue for fraud; because its usually easier and more effective to win a fight, if you’re the one attacking your opponent with overwhelming force! If you agree and want a 100%...
Holder of Mortgage vs Holder of Note and Yvanova vs Ibanez
If a “Holder” Can Enforce a Promissory Note, Why Can’t He Enforce a Mortgage? by Neil Garfield If the claimant is only a holder it is highly probable that he is neither a holder in due course nor a true lender or creditor. If it was otherwise, he would say so. And...
Governor Criminal Complaint
In the Name of and under the Authority of the State of Texas I, Randall Kelton, have reason to believe and do believe that Gregory Abbott, hereinafter referred to as “Defendant”, while acting, or purporting to act, under the color (pretense) of an official capacity...Deuteronomy: Securitization for those who read scripture
Deuteronomy: Securitization for those who read scripture by Neil Garfield It seems like from the beginning of time most people understood that there was something intrinsically wrong with borrowing and lending, especially if it extended for more than seven years....
Supreme Court Lifts Federal Eviction Moratorium
Supreme Court Lifts Federal Eviction Moratorium The US Supreme Court on Thursday ruled to end the federal eviction moratorium, noting that any continuation of the program must be specifically authorized by Congress. “If a federally imposed eviction moratorium is to...
Foreclosure Daily News Update ⋅ August 15, 2021
State, city leaders help Bridgeport senior citizen facing foreclosure find options for relief https://brooklyn.news12.com/i-m-very-frustrated-bridgeport-senior-citizen-facing-foreclosure-not-protected-by-federal-eviction-moratorium-extension State and city leaders...
Deutsche National Trust Company Dies in NY!
Deutsche National Trust Company Dies in NY! Very promising development in a recent judicial foreclosure case out of New York State. A principal issue in the case was whether the foreclosing party (mortgagee, the typical designate in a judicial foreclosure...
How to Kill Zombie Foreclosures
How to Beat Zombie Foreclosures Zombie foreclosures are like any other foreclosures: Challenge it in timely fashion and you are likely to be successful by Neil Garfield The problem with zombie foreclosures is not what you think, at least not entirely. You...
Foreclosure and Eviction
He Who Has the Gold Makes the Rules: Thousands of Foreclosure and Eviction Cases Lacking in Jurisdiction and/or Merit by Neil Garfield …homeowners would do well to consider the possibility that they don’t deserve to be dunned in collection or foreclosure...
COVID Mortgage Moratoriums Ended July 31
COVID Mortgage Moratoriums Ended July 31 There is nothing wrong with homeowners winning these cases. Nobody is getting hurt when homeowners win. But everyone gets hurt when the investment banks win using hidden intermediaries and sham conduits to profit off the misery...
Foreclosure Defense For Dummies
Foreclosure Defense For Dummies Challenge Everything, Challenge Standing. Challenge Capacity. Challenge Agency. Challenge the amount of debt owed, who owes it, who gets it, where, when, why, ext. Challenge the mortgage loan documents, assignments, ext. And last but...
Is Your Mortgage Payment Actually Paying Down Your Mortgage?
Is Your Mortgage Payment Actually Paying Down Your Mortgage? Tracking The Presumed Payment of Value for the Underlying Debt by Neil Garfield One of the biggest lies in documents related to transactions with homeowners is “for value received.” In...
Holder in Due Course Foreclosure Defense Argument
Holder in Due Course Foreclosure Defense Argument Foreclosure Defense: Holder in Due Course Argument Refined. It’s no magic bullet but it can be used effectively by Neil Garfield You should be careful about any argument based on the holder in due course. It is true...
Hidden Equity in Securitized Mortgages
Hidden Equity in Securitized Mortgages It comes as no surprise to learn that the investment banks have been hiding things from us for decades, since 1983 when the era of securitization of debt came into existence. Back then the nominal value of derivates on the...
Sundquist v. Bank of America Case No. 10-35624-B-13J
Sundquist v. Bank of America Case No. 10-35624-B-13J UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA 2018 January Sundquist v. Bank of America., N.A. (In re Sundquist) DOWNLOAD CASE PDF BK-CA-Sundquist-vs-BofA-opinion-45-million-damage-award ...
Mortgage Fraud & Foreclosure Fraud Daily News update ⋅ July 21, 2021
Bank of America Liable for $45,000,000.00 in Punitive Damages for Mortgage & Foreclosure Fraud. Download and read lawsuit here. BK-CA-Sundquist-vs-BofA-opinion-45-million-damage-award It’s wroth reading the entire case! Foreclosure Fraud Daily News update ⋅...
How to Use Discovery to Win Your Foreclosure Case or Mortgage Fraud Lawsuit
How to Use Discovery to Win Your Foreclosure Case or Mortgage Fraud Lawsuit Download Free Discovery Package Here If you want to pursue discovery, you have to follow the rules. The right to demand and enforce discovery does not exist in a vacuum. There...
How Wall Street Profits from Illegal Foreclosures
How Wall Street Profits from Illegal Foreclosures Homeowners: Where is the OUTRAGE? by Neil Garfield Homeowners have been brainwashed into thinking that there was never anything wrong with their “loan” transction at the beginning, in the middle or...
NEW Federal Court Ruling Effects Foreclosure Defense: No concrete harm, no standing
NEW Federal Court Ruling Effects Foreclosure Defense: No concrete harm, no standing TransUnion LLC v. Ramirez, No. 20-297: SCOTUS RULES ONLY CONCRETE INJURY GIVES STANDING by Neil Garfield This new case was decided by the United States Supreme Court about 3...
The problem with securitization foreclosure defense
Foreclosure Defense: The problem with explaining securitization by Neil Garfield Winston Chuchill was fond of saying that we should walk our dog three times per day regardless of whether or not we had a dog. Some readers will remember that pursuant to that sage advice...
The difference between forensic and legal analysis
The difference between forensic and legal analysis by Neil Garfield You need both. One identifies the factual issues that are inconsistent with the claim against the homeowner. The other identifies the legal issues asserted by the foreclosure mill that are not...
Wrong Foreclosure Defense
Interesting SCOTUS Decision May Prevent Removal of Certain Lawsuits to Federal Court Where They Normally Die by Neil Garfield The full impact of this decision may not be known for years. But the immediate impact is that it gives homeowners a chance to move for remand...
Here is what is really wrong with foreclosure process
Here is what is really wrong with foreclosure process by Neil Garfield While I agree that in most cases there was no substantive transaction with homeowners or that the transaction was not correctly identified as to its components, I do not agree that there are no...
Mortgage Securitization Foreclosure Defense
Securitization Refined For Defense of Foreclosure by Neil Garfield Homeowners attempt to “disprove” the presumed facts by raising questions. But the questions are directed to the judge instead of to their predator. The judge has no obligation to answer...
Vanishing Mortgage Debt
Why knowledge of accounting is important to understand how the apparent debt vanishes in the context of securitization. by Neil Garfield The big change occurred when the Wall Street securities firms forced securitization practices over the line. Whereas the purpose of...
Reminder Committee in Support of 6021 & General Committee meeting this Saturday, June 12 2021- 10am PST
Reminder Committee in Support of 6021 & General Committee meeting this Saturday, June 12 2021- 10am PST http://www.disleague.com/ is fine and is firewalls up the yang, every time it is attacked, the backup auto reinstalls. Here is a memorandum for the...
Banks Lawyers Are Lying to You and The Courts
How the Lawyers for the Banks Lie to You and the Courts by Neil Garfield documents that pledged, sold, transferred anything relating to transactions with homeowners were regularly fabricated with false information and then used in subsequent documents as though there...
How to Use Hearsay Evidence to Win a Foreclosure Case
How to Use Hearsay Evidence to Win a Foreclosure Case Below is some information on how to use Hearsay Evidence to win a foreclosure lawsuit or quiet title lawsuit, or mortgage fraud lawsuit…. Learn more about how to win a lawsuit at...
Mortgage Fraud & Foreclosure Daily News Update ⋅ May 24, 2021
Mortgage Fraud Daily News Update ⋅ May 24, 2021 Two Connecticut men arrested for multifamily mortgage scam Mortgage Professional America Two Connecticut men were arrested last week for their alleged role in a multifamily mortgage fraud scheme. Jacob...
Stop Using the Word Servicer
Stop Using the Word “Servicer” by Neil Garfield The courts will always at least initially consider the points that you are raising to be technical attempts to escape liability for a legal debt. You need to reframe the situation. And the way that is done is by changing...
Mr. Cooper Group Inc. and Google Cloud have joined forces to create a digital mortgage servicing platform
Mr. Cooper Group Inc. and Google Cloud have joined forces to create a digital mortgage servicing platform I wonder if Google understands that they just signed up for assistance with preparation of fraudulent documentation by Neil Garfield see...
Mortgage Fraud & Foreclosure Defense Daily News Update ⋅ May 19, 2021
Mortgage Fraud & Foreclosure Defense Daily News Update ⋅ May 19, 2021 13 Key Actions Before Buying A Foreclosure Forbes Here, 12 experts from Forbes Real Estate Council offer their insight into what actions real estate professionals should do...
Suing Financial Institutions and Getting Paid $Billions
Suing Financial Institutions and Getting Paid $Billions 1MDB in Kuala Lampur Sets the Standard for Suing Financial Institutions and Getting Paid $Billions by Neil Garfield Without the legal presumptions arising from fake documents, they have nothing. see...
Mortgage Fraud & Foreclosure News Daily Update ⋅ May 14, 2021
Foreclosure News Daily Update ⋅ May 14, 2021 Virginia Amends Foreclosure Sale Provisions Related to Rental Agreements JD Supra HB 2229 provides that if a single-family residential dwelling unit is foreclosed upon and there is a tenant in such...
The Big Trap Door for Foreclosure Defense Litigants and Lawyers: Damnum Absque Injuria
The Big Trap Door for Foreclosure Defense Litigants and Lawyers: Damnum Absque Injuria by Neil Garfield In the introduction of pleadings or memorandums of law, I often read that tens of millions of mortgage loans were sold into the secondary market. It might look like...
Mortgage Loan Servicers Profit From Foreclosures
Mortgage Loan Servicers Profit From Foreclosures “Servicers” Post Losses: Why? Because most of their revenue and profit comes from foreclosures not servicing by Neil Garfield If servicers were actually collecting money and dispersing money they would not be...
Mortgage Fraud & Foreclosure Daily News Update ⋅ May 7, 2021
Mortgage Fraud Daily News Update ⋅ May 7, 2021 12 arrested in California for alleged mortgage ‘conspiracy ring’ National Mortgage News The indictment accuses the defendants of conspiring in grand theft, identity theft, forgery, filing...
FDIC Lies
Keep Your House: Understanding the lies about the FDIC. by Neil Garfield A mistake is not the less so, and will never grow into a truth, because we have believed it a long time, though perhaps it be the harder to part with; and an error is not the less dangerous, nor...
Facts about bad mortgage loans and how significant a risk is mortgage lenders and mortgage loan servicers noncompliance with consumer protection laws?
Facts about bad mortgage loans and how significant a risk is mortgage lenders and mortgage loan servicers noncompliance with consumer protection laws? If you are facing foreclosure or you are struggling with a fraudulent mortgage loan and you want to find evidence of...
Securitization
Securitization is Hybrid of Supply Chain Finance: The Key word is CHAIN First, let me say that there is nothing wrong with supply chain finance. In one form or another, it has been used for thousands of years. The same can be said for securitization — if that is...
the Mortgage Follow the Note
Does the Mortgage Follow the Note or Vica Versa? by Neil Garfield The key to all successful foreclosure defense strategies is to test the facts instead of assuming you know. Most people have their eyes glaze over as soon as you start talking about this. Does the...
Signatures Without People: Fake Loan Documents
Fake Loan Documents Signatures Without People: Don’t Believe the Documents: They Are Not real. by Neil Garfield Be aware that in many cases no human hand has ever touched the documents. Nobody signed it.Securitization was always intended to extinguish the debt without...
Mortgage Fraud Foreclosure Fraud Audits Daily News Update ⋅ April 30, 2021
Mortgage Fraud Foreclosure Fraud Audits Daily News Update ⋅ April 30, 2021 Jury begins deliberations in Hild’s trial for fraud charges over bond pricing RichmondBizSense Jury deliberations in the embattled local mortgage executive’s...
Research Trust Law in Your State
Research Trust Law in Your State: Trust officer must sign, not agent or servicer. by Neil Garfield It’s nice to be in the position where people do research and send it to me. It seems that Florida Statutes explicitly prohibit anyone other than an authorized...
Foreclosure News Daily Update ⋅ April 29, 2021
Foreclosure News Daily Update ⋅ April 29, 2021 New York’s Highest Court Eliminates A Spurious Issue In Foreclosure Litigation Forbes Sometimes a lender accelerates the loan and then doesn’t pursue foreclosure, instead sitting on its hands...
Mortgage Fraud Daily News Update ⋅ April 27, 2021
Banks Make Fake Threats About “True Lender” Language in Illinois Law by Neil Garfield This is a lot like 2008. But then the banks threatened to pull the plug on all trading platforms for bonds and other securities. They manage to convince a large number of...
Mortgage Fraud and Foreclosure Daily News update ⋅ April 26, 2021
Mortgage Fraud Daily News update ⋅ April 26, 2021 Hild trial week 2 recap: CFO grilled over details of bond fraud scheme RichmondBizSense Hild, founder and former CEO of Chesterfield-based mortgage company Live Well Financial, is charged with...
How to Deal with Mortgage Loan Servicers Demand Letters
Legal Death Trap: About Those Letters You Get from the “Servicer” by Neil Garfield THIS IS ABOUT MONEY, NOT DOCUMENTS When a homeowner starts asking questions about the existence, ownership and authority over their debt, note or mortgage, they will at best be misled...
Mortgage Fraud and Foreclosure Fraud News Daily Update ⋅ April 21, 2021
Foreclosure News Daily Update ⋅ April 21, 2021 FHFA aims to align foreclosure policies with CFPB National Mortgage News … to prevent a wave of foreclosures, FHFA Director Mark Calabria said Tuesday during a virtual conference held by the...
Foreclosure Defense Lawyer Gary Dubin Takes on the Entire State of Hawaii
Foreclosure Defense Lawyer Gary Dubin Takes on the Entire State of Hawaii Gary Dubin, Esq. Takes on the Entire State of Hawaii by Neil Garfield Dubin was disbarred by the Supreme court for the State of Hawaii. I have previously written about his situation because,...
COURTS ARE REOPENING FOR FULL TIME FORECLOSURES
COURTS ARE REOPENING FOR FULL TIME FORECLOSURES Dear Academy Members and Friends, Chief Judge Janet DiFiore released a message to the legal community today, which included an announcement that, effective Monday, May 24th, “all judges and court...
Vaccine Passports: EMERGENCY FREEDOM ALERTS 4-11-21
NEWSLETTER: EMERGENCY FREEDOM ALERTS: 4-11-21 By Dr. Scott Johnson | April 11, 2021 Act 4:10 Be it known unto you all, and to all the people of Israel, that by the name of Jesus Christ of Nazareth, whom ye crucified, whom God raised from the dead, even by him...
Foreclosure Fraud and Mortgage Fraud Daily News Update ⋅ April 8, 2021
Foreclosure Fraud and Mortgage Fraud Daily News Update ⋅ April 8, 2021 Servicers, Bankers React to CFPB’s Proposed Foreclosure-Avoidance Actions DSNews.com In order to prevent a tide of foreclosures that could overwhelm servicers, the Consumer...
Discovery in Foreclosure Litigation
The dirty details of discovery in foreclosure litigation by Neil Garfield Defending against discovery demands is a contact sport that most litigators enjoy because they get to torture their opposition — while at the same time learning all about the litigation...
Foreclosure & Mortgage Fraud Daily News Update ⋅ April 5, 2021
Attack the “Successors” by Neil Garfield In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word “successor.” I have been saying...
Mortgage Fraud & Foreclosure Daily News Update ⋅ April 3, 2021
Mortgage Fraud Daily News Update ⋅ April 3, 2021 Former Nike manager Errol Andam reaches plea deal on federal charges, faces up to 37 months in … oregonlive.com Andam agreed to plead guilty to charges of wire fraud, money laundering...
How to use “Unpublished” Opinions
How to use “Unpublished” Opinions by Neil Garfield One of the peculiar aspects of foreclosure litigation over the past two decades has been the overuse (by appellate courts) of instructions not to publish opinions that favor homeowners in litigation. So the homeowner...
Mortgage Fraud & Foreclosure News Daily Update ⋅ April 1, 2021
Mortgage Fraud News Daily Update ⋅ April 1, 2021 Lake County Recorder launching alert system to help thwart identity theft, mortgage fraud nwitimes.com The person then takes the deed to a bank, fraudulently obtains a mortgage and disappears with a...
rules of evidence
Courts Are Wasting Time, Not Saving It: Apply the rules of evidence and both claims and defenses will fall. by Neil Garfield The excuse for the sloppy ways that the rules of civil procedure and the rules of evidence are applied in a case where the foreclosure process...
5 million families to be evicted when moratoriums end
Allowing 5 million families to be evicted when moratoriums end, is not a solution. It’s problem by Neil Garfield Allowing 5 million people to be evicted when moratoriums end, is not a solution. It’s problem.Here is the solution for any landlord that owns rental...
Mortgage Fraud and Foreclosure News Daily update ⋅ November 21, 2020
How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents by Neil Garfield “Facial validity” consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents...
Mortgage & Foreclosure Fraud Daily News Update ⋅ March 19, 2021
BERGEN COUNTY MAN ADMITS DECADE-LONG $80 MILLION FRAUD SCHEME NEWARK, N.J. – A Bergen County, New Jersey, man today admitted orchestrating a long-running bank and securities fraud scheme, which led to large-scale losses for financial institutions and investors, Acting...
Foreclosure Daily News Update ⋅ March 17, 2021
Basic Premise in Foreclosure Defense: Documents Are Not Events by Neil Garfield The objective in foreclosure litigation is not to prove something. The objective is to prevent the claimant from proving anything. The fundamental error of most homeowners, lawyers, and...
Disbarred Attorney Michael Pines Fraud Warning Alert
FRAUD STOPPERS FRAUD ALERTPublic Service Announcement (PSA)Regarding Disbarred Attorney Michael Pines Disbarred Attorney Michael Pines Fraud Warning Alert Mr. Michael Pines, [AKA: Michael Roberts] was released from prison and the CA state mental facilitate and...
Modifications and Mediations are Opportunities for Homeowners to Deliver Blows and Setbacks to Self-proclaimed Servicers
“Modifications” and Mediations are Opportunities for Homeowners to Deliver Blows and Setbacks to Self-proclaimed “Servicers” by Neil Garfield When presented with a situation in which a court has ordered mediation or where a proposed modification has been offered,...
How to Win a Foreclosure Case on Appeal
How Homeowners Can Win On Appeal in Foreclosure Cases by Neil Garfield The bottom line in trial court actions defending foreclosures is that generally whatever you’re thinking about your defense, you need a little more than that. On Appeal, you need a lot more...
Mortgage Fraud Foreclosure News Daily Update ⋅ March 1, 2021
The “Holder” Myth: How Wall Street Baffles the Courts Posted on March 3, 2021 by Neil Garfield In a very recent deposition expertly done by a lawyer in an extremely conservative state, the grossly illegal plan to falsely present a scenario of “securitization of loans”...
Mortgage Fraud & Foreclosure Daily News Update ⋅ February 20, 2021
Steps to save your home from foreclosure First, contact your lender to understand your options. In most cases, it’s usually a loan modification or forbearance. Loan modification will lower your monthly payment, but it could affect the amount of interest you’ll pay....
Mortgage Fraud & Foreclosure Daily NEWS update ⋅ February 19, 2021
Why You Need to be Thinking About GAAP by Neil Garfield For 15 years I have tried to get CPA auditors to enter the field of expert witnesses against the investment banks. While some have nibbled at the line, none have taken the bait or come on board. So homeowners and...
Foreclosure moratorium extended
Foreclosure Moratoriums are a Trap Designed to Set You Up for Total Economic Collapse Foreclosure Moratoriums Extended to drive you even further into debt and evitable financial ruin. If you think the government is going to come and save you and you will get a free...
Why Fraud Charges Keep Getting Kicked Out by the Courts
Why Fraud Charges Keep Getting Kicked Out by the Courts by Neil Garfield This is tricky. I have often had complaints dismissed because I didn’t make it over the threshold requirements for surviving a motion that attacks the elements of fraud. So in answer to...
Foreclosure Fraud & Mortgage Fraud Daily News Update ⋅ February 16, 2021
Atlanta attorney disbarred, arrested and extradited to Walton Co. on fraud charges FOX10 News On February 2, 2021 DeKalb County Police Department received a tip from Crime Stoppers regarding Dickason’s location on Echo Trail in Atlanta, … Look at the Name...
Mortgage Fraud & Foreclosure Daily News update ⋅ February 11, 2021
Mortgage Fraud Whistleblower Gets Fees Tied to $15 Million Deal A False Claims Act whistleblower will receive $152,327 in attorneys’ fees and costs for her role in bringing about a $15 million settlement between the federal government and Guaranteed Rate Inc. for...
Missouri County Sheriffs Will Arrest Feds Who Violate Second Amendment Under Biden
Missouri County Sheriffs Will Arrest Feds Who Violate Second Amendment Under Biden The Commission of Newton County, Missouri passed legislation in February that will empower local law enforcement officials to arrest federal agents who attempt to violate the Second...
Mortgage & Foreclosure Fraud Daily NEWS Update ⋅ February 10, 2021
Mortgage Fraud Daily NEWS Update ⋅ February 10, 2021 First American launches mortgage fraud recognition tool Mortgage Professional America … has launched a new tool that allows lenders and investors to more precisely identify the risk of fraud...
Mortgage Foreclosure Fraud Daily NEWS Update ⋅ February 8, 2021
Wall Street is Lying to Investors of All Stripes by Neil Garfield Like always, there is the “in-group” and then everyone else. Ocwen is viewed as a hot trade even though it has no discernable business base other than receipt of income from conduits or sham...
The goal was to foreclose and resell, rehypothecate and destroy the American Dream
Well, Isn’t This Special… Posted on February 4, 2021 By Sydney Sullivan In the process of research for a homeowner in the throws of foreclosure hell, albeit stayed in moratorium for the purposes of COVID as a “Federally backed mortgage loan” pursuant to the 2020...
Mortgage & Foreclosure Fraud Daily NEWS Update ⋅ February 6, 2021
Foreclosure NEWS Daily Update ⋅ February 6, 2021 All Year files last-minute lawsuit to block Bushwick mezz foreclosure The Real Deal A day before the scheduled UCC foreclosure sale of its trophy Bushwick rental project, Yoel Goldman’s All Year...
Mortgage Fraud and Foreclosure Daily NEWS Update ⋅ February 5, 2021
13 Questions: Here is what the OCC said should be minimum operating standards for “servicers” by Neil Garfield On April 19, 2013, the Office of the Comptroller of the Currency (OCC) published “Operating standards for scheduled foreclosure sales.” This was...
Ocwen (PHH) Slammed with Lawsuit by 33 State Attorneys General
Ocwen (PHH) Slammed with Lawsuit by 33 State Attorneys General by Neil Garfield Let them know what you think!!! The new suit is about charging illegal fees. But if the attorney generals of each state want real leverage they need only demand discovery responses to one...CREDIT REPAIR $19 DOWN
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