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. 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 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! (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 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...
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 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 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...
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 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) 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...
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 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 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...
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, 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 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 (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...
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 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 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 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 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...
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 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...
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 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 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 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 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 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 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...
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 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,...
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 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 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 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! 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 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 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 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 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 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 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...
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 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...
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 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...
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 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...
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...
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...
“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...
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...
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 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...
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 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...
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 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...
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 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: 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...
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 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...
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...
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,...
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 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...
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...
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...
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,...
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...
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? 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...
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 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...
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...
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...
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...
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 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)...
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?...
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 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 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 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,...
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%...
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...
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 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 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...
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! 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 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...
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 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 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? 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 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 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 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 ...
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 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 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 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...
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 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...
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 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...
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...
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 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...
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 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 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” 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 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 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 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...
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 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 “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 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...
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? If you are facing foreclosure or you are struggling with a fraudulent mortgage loan and you want to find evidence of...
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...
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...
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 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: 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 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...
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 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...
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...
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 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 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...
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 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...
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...
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 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 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 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...
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...
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...
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...
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...
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...
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” by Neil Garfield When presented with a situation in which a court has ordered mediation or where a proposed modification has been offered,...
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...
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”...
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....
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 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 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...
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 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 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 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...
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...
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...
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...
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 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...
Foreclosure Daily NEWS Update ⋅ February 1, 2021 New foreclosure rules align state law with Michigan Supreme Court ruling Iosco County News Herald County treasurers notify property owners of foreclosure. The delinquent tax process is a roughly...
WHAT IS A SERVICER ADVANCE? According to Ocwen it has zero credit risk and is not really an advance by Neil Garfield One place where securitization players and foreclosure players don’t lie is in reports that are formally filed with the SEC. So in my research, I...
Watch Out for Foreclosure Rescue Scams and Promises of Modification Everett man pleads guilty to mortgage scam The manager of an Everett, Washington, call center pleaded guilty Tuesday to a scam that took $2.5 million from about 1,000 distressed homeowners who were...
Foreclosure NEWS Daily update ⋅ January 26, 2021 Foreclosure suit hits Palmer House retail space Crain’s Chicago Business As the owner of the Palmer House Hilton hotel grapples with a $338 million foreclosure lawsuit amid the COVID-19 crisis,...
Foreclosure NEWS Daily update ⋅ January 25, 2021 Summit County Public Trustee extends moratorium on foreclosures Summit Daily News It also prohibits loan servicers from initiating or proceeding with a foreclosure. Under the moratorium, mortgage servicers are...
foreclosure Daily NEWS update ⋅ January 22, 2021 FHFA extends foreclosure, eviction moratorium to February HousingWire This marks the fifth time the FHFA has extended the eviction and foreclosure moratorium on a program originally set to expire in...
Mortgage Fraud Daily update ⋅ January 21, 2021 NEWS Atlanta area woman’s 2005 sentence for mortgage fraud scheme commuted by Trump 11Alive.com WXIA According to the Atlanta Business Chronicle report, McFarland was the ringleader in a mortgage...
Modifications Are Part of the Big Lie: Don’t send that application for modification if you don’t want to waive important rights. by Neil Garfield The application for modification licenses New Rez aka PHH aka Ocwen to sell, distribute the personal data and transaction...
For a FDCPA lawsuit. Debt collectors must do these things First, as promised, the short list of things that debt collectors MUST do when they contact you: Tell you they are attempting to collect a debt Tell you that any information you tell them will be...
If you have CYNTHIA RILEY’s “signature” on any document in your chain of title you need to read this. Same for Jess Almanza. Posted on January 12, 2021 by Neil Garfield MFI-Miami has a file cabinet filled with foreclosure files containing Riley’s stamp that weren’t...
Florida Supreme Court Reverses: Homeowners can recover attorney fees even if they prove lack of standing when they win by Neil Garfield see Page v. Deutsche Bank Tr. Kudos to Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, Florida, for Petitioner William L....
What Happened With Your “Loan” — By admitting that you received a loan you lose. by Neil Garfield The plain truth is that homeowners are losing their cases through asymmetry of information. They think they understand when they do not have a clue. They are admitting...
Mortgage Fraud Examiners is on the forefront of a new trend in foreclosure defense! Do you know that APPRAISAL AND MORTGAGE FRAUD CAUSE AN ESTIMATED 83% OF ALL MORTGAGES TO BE LEGALLY PROBLEMATIC? This is due to the overappraising of homeowners’ properties and...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Qui Tams, Class Actions, and Mass joinders in Wrongful foreclosure and Mortgage Fraud Lawsuits? Qui Tam? Class Action? Mass joinder? Wrongful foreclosure? by Neil Garfield The problem with qui tam in connection...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS CFPB Final Debt Collection Rule v. NPRM With the Consumer Financial Protection Bureau’s (CFPB or Bureau) release of its final debt collection rule on Friday, everyone is wondering the same thing: how does the final...
JOIN NOW The Key to Winning is Aggressive Discovery and Compliance with Court Orders by Neil Garfield I have just received a slew of inquiries about what to do when the foreclosure mill files evasive responses and objections. Here is the answer. Discovery consists of...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Crowther pleads not guilty to new federal fraud charges A Federal Grand Jury has returned a superseding indictment charging Casey Crowther with new charges after initially being accused of using COVID-19 relief funds to...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Foreclosure Fraud NEWS We need to start asking the right questions when in Foreclosure. We need to start asking different questions as the Show Me the Note theory does not work. When they do produce the Note, there is an...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS BANKS ARE STEPPING UP ATTACKS ON THIS SITE Posted by Neil Garfield The banks employ a fairly large army of people whose job it is to discredit meritorious foreclosure defenses. Their job is to convince the public and...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Is it identity theft or invasion of privacy? by Neil Garfield They have stopped calling the certificates mortgage bonds because they have nothing to do with the mortgages and they are not bonds. Hat tip to...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS More Details on VendorScape, CoreLogic and Black Knight by Neil Garfield Hat tip to “Summer chione” So it is apparent that the banks are responding to discoveries about how orders are transmitted to lawyers,...
Post Judgment Assignments Continue to Baffle Homeowners and Foreclosure Defense Lawyers Posted on December 4, 2019 by Neil Garfield Charles Koppa in San Diego was the first person to point out to me that the activities after even a nonjudicial sale told the...
OPEN LETTER TO PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES REGARDING MORTGAGE FRAUD & FORECLOSURE FRAUD OPEN LETTER TO PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES Donald J. Trump, Republican Party nominee for President of the United States Mike Pence,...
Stop Foreclosure & Mortgage Fraud Sue for Mortgage Fraud Get the FACTS & EVIDENCE you need to save your piece of the American Dream Overturn the tables on the money-changers and make them pay you to go away! FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS NEW...
Save your house from foreclosure and sue the banks for mortgage fraud with FRAUD STOPPERS PMA FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS Boilerplate Answers to Discovery Won’t Cut It. If Plaintiff does it, they lose the claim. If Defendant does it, they lose the...
Thousands of Homeowners Win Against the Banks: Here is Why You Never Hear About It By Neil Garfield You made all that revenue possible by signing a note and mortgage in favor of someone who was not lending you any money. Nobody told you about that. And nobody told you...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 30, 2020 STOP FORECLOSURE NEWS Brooklyn developer duo hit with foreclosure lawsuit The Real Deal Brooklyn developers Joseph Brunner and Abe Mandel are caught...
FREE MORTGAGE FRAUD & FORECLOSURE ANALYSIS FRAUD STOPPERS Foreclosure News Daily Update ⋅ September 29, 2020 FORECLOSURE NEWS NOTICE OF FORECLOSURE Tax Map No: 076A3 (08) 102 Coalfield.com NOTICE OF DEFAULT AND FORECLOSURE SALE, made this 8th day of September,...
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