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 frankly judges, is the failure to distinguish between the real world and the fictional world portrayed by documents in front of them. A novel is a work of fiction. It can achieve credibility by referring to things that might have actually happened in the reader’s life at some time in some place. But the characters and events are all fictional. And even if you add notarized and recorded documents and affidavits to the mix saying that the events happened it doesn’t change the fact that no events in the real world occurred as described in the novel.

Perhaps more importantly, once apprised that the information presented to the court is a novel and not related to anything that happened in the real world, no court has the right to say otherwise (unless there is conflicting evidence on whether the events occurred).

You need to get clear on the difference between a document and a transaction. Many if not most people treat them as though they are one and the same. They are not. A document is only a piece of paper on which there is writing that refers to an event in the real world that supposedly occurred between two or more parties. If there is no event, no amount of writing can cure that — even with testimony, certification, or sworn recorded documents.

Foreclosure is about recovering on a loss resulting from an unpaid debt owed to the claimant. If the claimant has not paid for the debt in the real world, then fabricated documents will never change that and the claimant has no claim.

But a fabricated document does change the burden of proof unless you can show that the document is facially invalid. The objective in foreclosure litigation is not to prove something. The objective is to prevent the claimant from proving anything. Every presumption arising out of presumably facially valid documents is rebuttable. Those presumptions can be rebutted by either presenting contrary evidence (which you don’t have) or contesting the facts in discovery and asking for the actual evidence (which they don’t have, even if you fear that they do have it.)

The proactive response to their stonewalling discovery would be to ask the court to rule on a negative inference — that the debt does not exist or at least is not owned by the claimant. But this can only occur after you have gone through a few rounds of motions to compel responses to discovery and a motion for sanctions.

A motion in limine might achieve the same result by barring evidence of ownership or authority over the alleged debt or even that the debt exists since they refused to show corroborating evidence (proof purchase, accounting ledger) that value was paid as a condition precedent to enforcement as per the state adoption of Article 9 §203 UCC verbatim.

So the procedural issue in virtually all cases involving claims of foreclosure by people and companies who claim the existence of the debt, the ownership of the debt, and the authority granted by the owner of the debt is how to get into position to demand discovery in a proper and timely fashion. The second issue often missed is the follow-up to discovery. Some erroneously think that failure to answer is enough to turn the tide. It isn’t. A motion to compel must be filed, heard and granted. Most often such motions must be filed more than once and then followed by a motion for sanctions — which also must be filed, heard and granted.




  Foreclosure Daily News Update ⋅ March 17, 2021  

Enhancing Offerings With Loan Modification and Pre-Foreclosure Title Reports

According to Kirchen, foreclosure attorneys, trustees, and mortgage servicing and default management professionals have shared with him that, in this …


Real Estate Insider: Westin Book Cadillac owner says his hotel is heading into foreclosure

Crain’s Detroit Business

Westin Book Cadillac downtown may be heading toward new ownership with pending foreclosure · Property underwater, valued at $74.6 million, less …


Westin Book Cadillac heading into foreclosure amid lengthening pandemic

The Detroit News

More than a decade after its opening helped lead the revitalization of downtown Detroit, The Westin Book Cadillac is heading into foreclosure. John J.


A year into pandemic, home foreclosures are rare

The Dallas Morning News

Lender moratoriums are keeping home foreclosures at unheard-of low levels. In February, only 11,281 nationwide home foreclosure notices were …


Cleveland-based owner of Detroit’s Westin Book Cadillac says his hotel is heading into foreclosure

Crain’s Cleveland Business

John Ferchill, who owns the Westin Book Cadillac hotel in downtown Detroit, said in an email that although the property hasn’t been foreclosed upon yet, …


New Jersey Updates Law on Post-Foreclosure Notification

JD Supra

New Jersey recently approved a bill that requires all creditors that acquire title to any non-owner occupied residential property following foreclosure to …


The Problem of Rhode Island Divorce and Foreclosure and How We Buy Houses RI Can Help

Yahoo Finance

Due to the economy and the Covid crisis, many Rhode Island divorces are also involved with financial issues such as home foreclosures, credit …



Courthouse News Service

BROOKLYN — The holder of the mortgage of Paul Manafort’s home in the Hamptons is seeking to foreclose on the property in a federal court in New …


‘New Jersey Foreclosure Prevention Act’ Now Law

Parsippany Focus

Prior to this legislation’s enactment, Governor Murphy directed NJHMFA in March of 2020 to expand its Foreclosure Mediation Assistance Program ( …



Burnett County Sentinel

PLEASE TAKE NOTICE that by virtue of a judgment of foreclosure entered on September 28, 2020, in favor of Wild Rivers Habitat for Humanity, Inc., …


Why Forbearance is a Temporary Fix for America’s Backlog of Foreclosures

The Ritz Herald

These individuals will still need to continue paying their monthly mortgage payments, otherwise, they will face foreclosure. One in every 14,164 housing …


COVID-19 Update: Governor Cuomo Extends Eviction Protections for Small Businesses That …

JD Supra

In December, New York Governor Andrew Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, which provided …



Arkansas Online

Lender moratoriums are keeping home foreclosures at unheard-of low levels. In February, only 11,281 home foreclosure notices were recorded …


County hopes to hold tax auction in August

Evening Observer

Last year due to COVID-19, the county extended the tax foreclosure … property owners affected by the pandemic to redeem their foreclosed property.


Stonington-Mystic, CT

Foreclosures can be quite expensive for lenders. A lender may be open to a loan modification or might refinance a mortgage loan. It could lower the …


Realty Law Digest

Foreclosures—Receiver—Court Denies Motion To Stay Foreclosure Action and Grants Motion for Appointment of a Temporary Receiver—Executive …


City Council left out the landlords

Pittsburgh Post-Gazette

There is a national ban on home foreclosures for federally guaranteed … And then there is tax relief: Some form of protection from tax foreclosure for …

Small landlords left struggling when renters stop paying – CALmatters

Full Coverage


NOTABLE TRANSACTIONS: Des Moines pays $41.9 million for Fifth and Walnut parking garage

Business Record

Prior to foreclosure, the garage was set to be part of a $200 million multipiece development called the Fifth. The city of Des Moines said the developers …


New York codifies protections for commercial tenants and mortgagors


While a stay is in place, for either an eviction proceeding or foreclosure … evictions and foreclosures for qualifying tenants or mortgagors until May 1, …


A housing correction – but not a crash

FEB. FORECLOSURES · FORECLOSURE – DELINQUENT MORTGAGE RATES. CoreLogic’s most current delinquency and foreclosure reports show the …


Manafort sued by Chicago bank that lent mortgage on his Hamptons home

Crain’s Chicago Business

Todd Blanche, a lawyer for Manafort, didn’t immediately respond to an email seeking comment about the foreclosure. Subscribe to Crain’s for $3.25 a …

Manafort Sued by Bank Which Lent Mortgage on His Hamptons Home – Bloomberg

Full Coverage


CFPB Issues Report on Housing Insecurity and COVID-19

JD Supra

The Report warns of widespread foreclosures once federal, state, and local pandemic protections come to an end. The Report states that “[i]n 2020, …


Summit County gets $844000 check from sale of Chapel Hill Mall

Akron Beacon Journal

A separate check for $2,962.58 will pay for court costs tied to the litigation. The legal foreclosure proceedings will be dismissed soon, according to the …


HOUSING: Summary of Prevention of Evictions & Foreclosures Extended to June 30, 2021

EIN News

Kansas extended the moratorium on foreclosures and evictions until it’s … Federal Housing Administration (FHA) extends Foreclosure and Eviction …




For complete terms of sale, see Judgment of Foreclosure and Sale filed with the Marion County Clerk of Court at C/A #2019CP3300694. NOTICE: The …


Mortgage Loan Modifications and Lien Priority

The plaintiff commenced foreclosure proceedings in 2007 and Deutsche Bank instituted a foreclosure action in 2008. The borrowers filed for chapter 7 …


Baltimore’s Looming Tax Sale Worries Homeowners Behind On Bills Due To COVID-19 Pandemic

CBS Baltimore

But with a notice of foreclosure, Thompson is among the thousands worried they may soon lose their home. “It’d be really heartbreaking,” Thompson said …


Our View: Extending foreclosures suspensions will harm not aid vulnerable groups

Cyprus Mail

It would have surprised nobody that Akel has submitted a proposal for the suspension of foreclosures until the end of July. There are parliamentary …


A Looming Housing Crisis Could Hit Sooner Rather Than Later

Mint Hill Times

There are other possible options to avoid foreclosure if you’ve been using one of the forbearance programs. Government-backed loans will likely not …


Record-breaking Hudson Valley real estate market pace continues

Albany Times Union

New construction, potential foreclosures, seasonality could affect market. Adam Colver. March 16, 2021 Updated: March 16, 2021 5:41 p.m..


Ad hoc committee to examine foreclosures bills

Cyprus Mail

The House finance committee has decided to set up an ad hoc committee to examine 13 different bills on foreclosures with the main aim of finding a …


Mayoral candidate Shaun Donovan debuts policy book, ‘Plan for the City of New York’

New York Daily News

“It’s rooted in his experience managing crises like the massive financial foreclosure crisis, like the Hurricane Sandy recovery, like the role he played …


New owner will convert Chapel Hill Mall into a business park

Akron Beacon Journal

Industrial Commercial Properties completed its purchase of the foreclosed-upon Akron mall late Tuesday afternoon, according to the broker for the …


Nassau County Record Public Notices March 17, 2021

Nassau County Record

CALLAHAN BODY AND PAINT SHOP gives Notice of Foreclosure of Lien and intent to sell these vehicles on 04/03/2021, 8:00 am at 541703 US …


New owners plan $10 million facelift of Meridian Marina and Yacht Club in Palm City


VIP Marinas purchased it directly from Mullen before the property went into foreclosure. Martin County had appraised total market value of the property …



Press of Atlantic City

You, DOUGLAS A. GILMAN, are made a party defendant to this foreclosure action because you are the owner of record of the mortgaged premises …


McClellan is the best candidate for governor

… schools; protect voter rights; and preserve the American Dream by providing additional foreclosure protections to help Virginians stay in their homes.


Bradley’s Bankruptcy Basics: Chapter 13 Bankruptcy — Consumer Bankruptcy with a Payment Plan


Often filed to stave off foreclosure, Chapter 13 allows debtors to save their homes and/or cars, which includes curing any past due payments and …


Cuomo expands eviction protections for small businesses

The Daily Orange

A New York state law passed last week will establish eviction and foreclosure protections for small businesses. Gov. Andrew Cuomo signed the COVID- …


Fitch Assigns Trinity Square 2021-1 PLC Expected Ratings

Fitch Ratings

The combined application of revised ‘Bsf’ representative pool weighted average foreclosure frequency (WAFF) and revised rating multiples resulted in …


Supervisors approve property sale

Gloversville Leader-Herald

JOHNSTOWN — The Fulton County Board of Supervisors last week approved the sale of a tax-foreclosed property in the city of Gloversville to a …


Columbia County property transfers

The Augusta Chronicle

Harold E. Vickers to Reverse Mortgage Solutions, Inc.; 3566 Granite Way, Martinez; First Transferee Foreclosure. Reuben Peppers to Reuben …


After Business Struggles due to COVID-19, Calif Homeowner Unable to Make Mortgage Payments …


After several unsuccessful attempts getting a loan modification from his lender, his home went to foreclosure, which later followed a Trustee sale date.


Columbiana County Common Pleas

The Review

USA acting through the Rural Housing Service, USDA, vs. Barbara J. Drohn, et al., foreclosure ordered for property on Empire Street, Leetonia.


Black family, Bluffton Realtor’s son settle lawsuit over Hampton Co. land. Here’s how

Hilton Head Island Packet

Nickey Maxey purchased part of the Badger land at a foreclosure auction in 2000. Since then, he’s used it as a hunting getaway, while also occupying …


Taxi Drivers Slam Mayor de Blasio’s Lender Bailout, Demand Debt Relief

Democracy Now!

… Desai of the New York Taxi Workers Alliance said, “It’s a cash bailout for lenders while drivers are left to drown in debt, foreclosure, and bankruptcy.


Work with expert home buyers in Charlotte, North Carolina, Opening Doors Properties.


Whether it be foreclosure, probate, behind on mortgage payments, or just about anything else, Opening Doors Properties focuses on providing …



Chinook Observer

This information notice is only regarding a sale being conducted by the Internal Revenue Service as a result of the foreclosure of an Internal Revenue …


Real estate boom has plenty of legs; minority investment banks gain share

American Banker

… also mean that even if homeowners can’t afford their mortgage payments, they can likely sell their homes for a profit rather than face foreclosure.


Are ‘Cash for Homes’ Offers a Scam?


Homeowners who sell their homes for cash are often in foreclosure or have homes that need repairs they can’t afford. Fast-cash offers will often waive …


FHFA further extends foreclosure and REO eviction moratoriums

National Association of Counties

On February 25, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac would extend the foreclosure and real …


massachusetts foreclosure auctions

Thistle Inn

(Mass. Massachusetts is a non-judicial foreclosure state. Bank Foreclosures Sale offers a huge database of Massachusetts foreclosed homes for sale …


foreclosure Archives – UF/IFAS Extension St. Lucie County

UF/IFAS Blogs – University of Florida

PACE loans are being touted across the country and recently here in Florida as a great way to retrofit your home with energy and cost saving …


zillow foreclosures maine

We have been providing quality service and nationwide foreclosure listings since 1998. Maine Foreclosures Foreclosed Homes For Sale 1,026 Homes …



Sugar Land, TX foreclosure listings. We provide nationwide foreclosure listings of pre foreclosures, foreclosed homes , short sales, bank owned …


Step by Step Guide to Avoid Foreclosure in Florida


A foreclosure is a process that is between you, the borrower, and a lender. If you want to avoid having to deal with the process altogether, consider …



Douglas County Sentinel



Search Results for “dating someone with foreclosure reddit 🪀❤️️ …


️ dating someone with foreclosure reddit 🪀 ❤️ ️ 🪀 ❤️ ️ 🪀 ❤️ ️ BEST DATING SITE 🪀 ❤️ ️ …


dating someone with foreclosure reddit 🪀❤️️ 🪀❤️️ BEST DATING SITE …

LeSaint Logistics

Search results for: dating someone with foreclosure reddit 🪀❤️️ 🪀❤️️ BEST DATING SITE🪀❤️️ dating someone with …


foreclosures cecil county, md


We provide Cecil Maryland and nationwide foreclosure listings directly from … Bank owned foreclosure Single Family Home features 2.5 bathrooms.


A year into pandemic, home foreclosures are rare | Money |

Omaha World Herald

“These government actions, and the efforts of lenders and mortgage servicing companies, have helped millions of homeowners avoid foreclosure during …


Notice – Florida Public Notices

Florida Public Notices



Search results for: dating someone with foreclosure 🪀❤️️ 🪀❤️️ BEST …

Weeds Australia

and received funding from the Australian Government. For any general enquiries, please email · Centre for Invasive Species …


Commercial bank reo properties

commercial bank reo properties Find up to date distressed REO foreclosure real estate community listings in Green Valley, …


Foreclosure Coordinator Job in Lake Mary, FL at First American Financial


Role focuses on administrative tasks to support the foreclosure process. Responsible for assisting in the day to day processing of foreclosures. Reviews …




Now You Can Unlock the Power of Justice and the Rule of Law with FRAUD STOPPERS


Are you tired of being a victim of financial fraud, seeking the justice and legal remedy you deserve? Look no further – FRAUD STOPPERS is here to empower you with the comprehensive tools and support necessary for success. With a wide range of services tailored to your needs, we are your ultimate ally in the fight against fraud.

FRAUD STOPPERS Arsenal of Solutions includes but is not limited to:

  1. Audits & Investigations: Our team of skilled professionals will meticulously analyze your case, leaving no stone unturned in uncovering the truth. We employ cutting-edge techniques and resources to expose the fraud and gather irrefutable evidence. We are the only organization (to our knowledge) that can provide you with a Full Level 4 Bloomberg Securitization Audit and all the loan level data and trust information for all Government Sponsored Loans (GSE’s) and loan placed in private trust (shipped off shores) that do not report to the Securities and Exchange Commission (SEC).
  1. Expert Witness Affidavits & Testimony: Our network of esteemed experts will provide compelling affidavits and testify on your behalf, lending credibility and authority to your case. Their specialized knowledge and experience will strengthen your position in the legal battle.
  1. Turnkey Litigation Packages: We understand that navigating the complex legal landscape can be overwhelming. That's why we offer comprehensive litigation packages, equipped with all the necessary documents and strategies to mount a strong defense against fraudsters.
  1. Professional Paralegal Support: Our dedicated paralegals are committed to assisting you every step of the way. They will guide you through the process, offer invaluable insights, and provide crucial administrative support to ensure your case is well-prepared.
  1. Nationwide Attorney Networks: We have established a vast network of highly skilled attorneys across the country who specialize in fraud cases. Rest assured, you will be connected with a trusted legal expert who is passionate about seeking justice on your behalf.
  1. Legal Education and Training: At FRAUD STOPPERS, we believe that knowledge is power. That's why we provide comprehensive legal education and training resources, empowering you to understand your rights, navigate the legal system, and make informed decisions throughout your case.
  1. Debt Settlement Negotiations: Our experienced negotiators will engage with creditors on your behalf, striving to reach favorable debt settlement agreements. We will advocate for your interests, aiming to alleviate the financial burden caused by fraud.
  1. Private Lending: If you require financial assistance to support your legal battle, our private lending options can provide the necessary funding. Our trusted lending partners offer competitive rates and flexible terms, ensuring you have the resources to fight for justice.


And much more! Save Time, Money, and Increase Your Odds of Success with FRAUD STOPPERS' Proven Products and Programs

If you're serious about getting the legal remedy you deserve, FRAUD STOPPERS has everything you need to succeed while saving time, money, and increasing your odds of success. Our comprehensive range of proven products and programs is designed to streamline the process, maximize efficiency, and deliver results.

Time is of the essence when it comes to combating fraud, and we understand the importance of expediting your case. With our expertise and resources, we can minimize delays and ensure efficient progress. By leveraging our extensive experience in fraud investigations and legal strategies, you can navigate the complexities of the legal system with confidence, saving valuable time in the process.

We also recognize the financial burden that fraud can impose, and we are committed to providing cost-effective solutions. Our competitive rates for services, private lending options, and expert negotiation skills can help you save money while maximizing the value you receive. Rest assured that we strive to optimize your resources, enabling you to fight fraud without breaking the bank.

Partnering with FRAUD STOPPERS significantly increases your odds of success. Our proven track record and extensive network of experienced professionals ensure that you have the best possible resources at your disposal. From expert witness testimonies to strategic litigation packages and effective debt settlement negotiations, our carefully curated products and programs have a track record of achieving favorable outcomes. With FRAUD STOPPERS by your side, you can maximize your chances of holding fraudsters accountable and obtaining the justice you deserve.

By choosing FRAUD STOPPERS, you can save time, save money, and increase your odds of success. Our proven products and programs, combined with our commitment to your cause, empower you to reclaim your future. Take the first step towards justice by completing the form below.

Remember, with FRAUD STOPPERS, you have a trusted partner dedicated to saving you time, money, and increasing your chances of success. Let us fight by your side and help you put an end to fraud once and for all.

Our commitment to your success knows no bounds. We are constantly expanding our services and partnerships to provide you with the most effective tools in the fight against fraud.

Ready to get started?

Simply complete the form below to begin your journey towards justice. Once submitted, check your email inbox or email spam folder for detailed instructions on how to move your file forward.

Remember, you don't have to face fraud alone – FRAUD STOPPERS is here to champion your cause and bring you the justice you deserve.

Join us in the battle against fraud today!

Complete the form below and then after submission, check your email inbox or spam folder for detailed instructions on how to move your file forward to get the legal remedy you seek and deserve.



Fraud Stoppers Logo

THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. FRAUD STOPPERS is a Private Members Association PMA. FRAUD STOPPERS PMA is NOT a law firm, non-profit organization, or government agency.  FRAUD STOPPERS PMA does not operate in the public sector. Although this website is visible to the public  FRAUD STOPPERS PMA does not intend for any information contained in this website to be considered as legal advise.

The information about Foreclosure law and other legal information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; FRAUD STOPPERS and its members do not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers. This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances.

The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, FRAUD STOPPERS, or committee/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided “as is;” no representations are made that the content is error-free.

For instant access to an affordable local competent attorney click here


Spread the love