“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 and that the judge completely ignored their challenge. The problem is that most people don’t know the elements of a legal challenge in court. Based upon my review of transcripts, reports, and proffers of evidence and testimony, nearly all such cases consist of raising questions in the expectation that the judge will answer the question.

Not only is that not within the job description of a judge, it is expressly prohibited. The judge may not act as an advocate for either side. The judge can only act upon the presentation of evidence and argument that is properly brought before the court. Although there is wide latitude for discretion by the court, any action or statement by the court that clearly shows that the judge is attempting to guide one side or the other toward the correct presentation will ordinarily be considered the foundation for a claim of bias and a motion for recusal.

Although I vigorously disagree and dissent from the action taken by the third District Court of appeal in Miami and removing a judge from a case, allegedly for bias in favor of the homeowner, the decision is not without a legal basis.

The attorney for the homeowner was treading the new ground and frankly failed to connect all the dots necessary to make it absolutely clear that there was at least probable cause that the documents have been fabricated and forged. It must be something stronger than a question of whether the documents were fake and in nearly all court cases, the burden of persuasion is extremely high. If that was not the case the court docket would be filled with such motions.

The judge took it a little bit further and set a hearing to show cause why the attorney and the client should not be held in contempt for lying. In a different context, the action by the judge would probably have been affirmed by any appellate court.

We live in the context of foreclosure litigation where the general consensus is in agreement that the transactions with homeowners were loans, that when homeowners start making payments a default has occurred, and that relief for such homeowners would be contrary to maintaining the sanctity of contract.

So the action by the judge appeared to be out of context, even though she was right. And being out of context it looked like she was favoring one side over another. In my opinion, she was just exasperated by the flood of fabricated, false, and forged documentation.

But I still maintain that the 3rd DCA was wrong. they know by now that there are hundreds of cases in which judgments or settlements have been entered based entirely on the inability or refusal of the foreclosure lawyer to either prove he had a viable client or to prove or corroborate the claim that the named plaintiff or beneficiary had a claim.

They know and they knew that in such cases the possibility that real transactions in the real world existed that would have supported or corroborated the false documentation was legally zero (if it existed it had to be presented in the trial).

Every hill seems steepest when you are at the bottom. That is the start of the journey.

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Case-Winning Tactics Made Easy

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Mortgage Fraud Daily News Update ⋅ December 24, 2021

 

Toronto police investigating alleged mortgage fraud worth $5 million – Global News

Global News

Police say the scheme began in August 2020 and allege the man obtained more than $5 million in mortgages from lenders throughout the Greater …

Toronto Police Looking For Mortgage Fraud Suspect Who Obtained Over $5 Million In … – X99News – X99News

Full Coverage

 

 

 

Toronto police looking to identify mortgage fraud suspect who obtained over $5M in …

CTV News Toronto

Mortgage fraud, police. Toronto police are looking to identify a man wanted in a mortgage fraud investigation. (TPS Handout) …

Toronto Police on Twitter: “Police request assistance identifying suspect in Mortgage Fraud – twitter.com

Full Coverage

 

 

 

Toronto police investigating alleged mortgage fraud worth $5 million | The Star

Toronto Star

Toronto police are searching for a man accused of taking out mortgages on other peoples’ property without their knowledge.

Toronto police investigating alleged mortgage fraud worth $5 million – CityNews Kitchener – CityNews Kitchener

Full Coverage

 

 

 

Toronto police investigating alleged mortgage fraud worth $5M – BNN Bloomberg

BNN Bloomberg

Growth in Canada’s uninsured mortgage market signals ‘houses have… Up Next. 6:20. Purpose of the MQR is to ensure credit quality, not …

 

 

 

Toronto Police Investigating Alleged Mortgage Fraud Worth $5 Million – The Street Journal

The Street Journal

… posed as a private mortgage broker and set up fictitious lenders, … is wanted on charges of fraud, conspiracy and uttering forged documents.

 

 

 

ED attaches Rs 100 crore assets of accused in IDBI loan scam | Hyderabad News – Times of India

Times of India

The Enforcement Directorate has provisionally attached Rs 100 crore worth assets of the accused in the IDBI bank loan fraud case.

 

 

 

Probe Agency Attaches Assets Worth Rs 100-Crore In Bank Loan Fraud Case | Kashmir Observer

Kashmir Observer

Probe Agency Attaches Assets Worth Rs 100-Crore In Bank Loan Fraud Case. New Delhi- The Enforcement Directorate on Thursday said it has attached …

 

 

 

Tax Fraud Blotter: Bunch of suckers | Accounting Today

Accounting Today

Barry and his conspirators told clients they could extinguish their outstanding mortgage debts by filing forms with the IRS claiming a large amount of …

 

 

 

Fraudsters who claimed £10m in Covid loans while on bail jailed for 33 years – The Telegraph

The Telegraph

… Bounce Back loan scheme while on bail for money laundering offences. … Bounce Back loan frauds since the scheme was introduced in 2020.”.

 

 

 

Man wanted in alleged $5M Toronto mortgage fraud | FlamboroughReview.com

Flamborough Review | Home

Toronto police investigating alleged mortgage fraud worth $5 million. … posed as a private mortgage broker and set up fictitious lenders, …

 

 

 

Nigeria’s Ex-Justice Minister, Adoke Received ‘A Benefit’ From OPL 245 Funds – Sahara Reporters

Sahara Reporters

… Bello Adoke, one of those accused of fraud in the OPL 245 scam, … Whereas Adoke asserts that the mortgage payment was “made directly to the …

 

 

 

Fraud syndicate accused of targeting Telstra and big banks – The Age

The Age

Fraud syndicate accused of targeting Telstra and big banks … when he allegedly provided fraudulent documents to support a mortgage application …

 

 

 

Montreal teenager dead after shooting at house party | wellandtribune.ca

Welland Tribune

Toronto police investigating alleged mortgage fraud worth $5 million · Fire ravages Thunder Bay’s historic Finnish Labour Temple.

 

 

 

Elizabeth Holmes fraud trial: Jury deliberations continue for third day – YouTube

YouTube

… the latest in the fraud trial of former Theranos CEO Elizabeth … … international market data, social interaction and mortgage rates that …

 

 

 

State Police Investigating Check Fraud, Identity Theft in East Nottingham Township – MyChesCo

MyChesCo

Share this: · State Police Investigating Check Fraud, Identity Theft in East Nottingham Township · Landlords and Mortgage Servicers Put on Notice About …

 

 

 

India News | Bank Loan Fraud: ED Attaches Rs 100-cr Worth Assets | LatestLY

LatestLY

India News | Bank Loan Fraud: ED Attaches Rs 100-cr Worth Assets. Get latest articles and stories on India at LatestLY. The ED on Thursday said it …

 

 

 

WANTED: Toronto Police Are Looking For A Man Who Allegedly Stole $5M By Pretending …

6ixBuzz

Toronto police are looking to identify a man who was allegedly involved in a multi-million dollar mortgage fraud.

 

 

 

Kessler Topaz Meltzer & Check, LLP Announces a Securities Fraud Class Action Filed … – Benzinga

Benzinga

(“DocuSign”) (NASDAQ:DOCU). The action charges DocuSign with violations of the federal securities laws, including omissions and fraudulent …

 

 

 

Log4j security vulnerability is a double threat to banks | National Mortgage News

National Mortgage News

Banks have extra reason to be concerned by the news that a commonly used piece of software could be exploited by hackers.

 

 

 

Raphy Pina, Natti Natasha’s partner, after the verdict of his trial: “If we have life we ​​are in battle”

CVBJ Biz

… of weapons by a federal convict, because in 2015 he pleaded guilty to mortgage fraud, the businessman wrote this on his Instagram account:.

 

 

 

Trump ally in 2020 election fraud allegations to headline rally in Missouri | Politics | stltoday.com

St. Louis Post-Dispatch

Trump ally in 2020 election fraud allegations to headline rally in Missouri … New housing, mortgage fund underway for low-income St. Louis …

 

 

 

Georgia election workers file second suit over fraud claims | TheSpec.com

Hamilton Spectator

Georgia election workers file second suit over fraud claims … Toronto police investigating alleged mortgage fraud worth $5 million.

 

 

 

Long-Term Mortgage Rates Decline Amid Omicron Fears – The Epoch Times

The Epoch Times

Long-term mortgage rates declined this week amid fresh fears over the … US Secret Service Investigating Hundreds of Fraud Cases Linked to Funds …

 

 

 

Omicron worries push mortgage rates down; 30-year at 3.05% | myMotherLode.com

myMotherLode.com

Mortgage buyer Freddie Mac reported Thursday that the average rate on the … Georgia election workers file second suit over fraud claims …

 

 

 

Omicron worries push mortgage rates down; 30-year at 3.05% – Connecticut Post

Connecticut Post

Mortgage buyer Freddie Mac reported Thursday that the average rate on the … Man from Jamaica found guilty of drug trafficking, identity fraud …

 

 

 

CT Pediatric Practice Gets Heavy Fine In Fraud Settlement | Tolland, CT Patch

Patch

A pediatric practice with offices in South Windsor, Torrington and Tolland has been ordered to pay a hefty fine in an insurance fraud case.

 

 

 

U.S. military landlord pleads guilty to fraud, resolving probe – NewsNation Now

NewsNation Now

U.S. military landlord pleads guilty to fraud, resolving probe … industry continued to benefit from low mortgage rates and strong demand.

 

 

 

ED attaches properties of Rebba Satyanarayana – The Hindu

The Hindu

… money laundering linked to alleged fraud against an IDBI branch in AP. … most of the loan amount was withdrawn in cash and handed over to …

 

 

 

Prince George gym owner sent scrambling in face of closure order | wellandtribune.ca

Welland Tribune

Toronto police investigating alleged mortgage fraud worth $5 million · Omicron variant ‘just took off’ in Waterloo Region’s wastewater.

 

 

 

Police trying to identify suspects who have taken over $ 5 million in mortgages after …

Eminetra Canada

Police in Toronto are masquerading as a private mortgage broker and are … The suspect wants to commit crimes that the plot can prosecute, fraud …

Police request assistance identifying suspect in Mortgage Fraud investigation, Photograph … – Toronto Police Service

Full Coverage

 

 

 

Ontario records 5790 COVID-19 cases, smashing through record – Midland Today

Midland Today

Toronto police investigating alleged mortgage fraud worth $5 million. 4 minutes ago · Fire ravages Thunder Bay’s historic Finnish Labour Temple.

 

 

 

Inflation to hit 6.8pc – how it will affect your mortgage, savings and investments – The Telegraph

The Telegraph

About two million households have some form of variable mortgage. Some 850,000 are on tracker-rate mortgages that will rise or fall in line with any …

 

 

 

Georgia election workers file second suit over fraud claims – Times Union

Times Union

… and former New York City Mayor Rudy Giuliani of defaming them by falsely claiming they engaged in ballot fraud during the 2020 election.

 

 

 

Vancouver man not guilty of criminal fraud and theft | Benzinga

Benzinga

VANCOUVER, BC, Dec. 23, 2021 /CNW/ – A Vancouver man has been found not guilty of criminal fraud over $5000 and criminal theft over $5000.

 

 

 

RVNC INVESTOR FRAUD: Hagens Berman, National Trial Attorneys, Encourages Revance …

Benzinga

SAN FRANCISCO, Dec. 23, 2021 (GLOBE NEWSWIRE) — Hagens Berman urges Revance Therapeutics, Inc. (NASDAQ:RVNC) investors to with significant losses …

 

 

 

Ontario reports a single-day record in new COVID cases, with a staggering 16% positivity rate

Brampton Guardian

… pleads guilty to discreditable conduct after fraudulent benefit claims investigation … Man wanted in alleged $5M Toronto mortgage fraud.

 

 

 

Fed’s Latest Policy Action Means End Of Coronavirus Stimulus… – menafn

menafn

Probe Agency Attaches Assets Worth Rs 100-Crore In Bank Loan Fraud Case …

 

 

 

Escondido man gets prison in $1.1M contemporary art forgery scam – California News Times

California News Times

Jason Alan Harrington, a 39-year-old native sandigan with a graphic design background, has focused a lot of fraud on imitating New York street artist …

 

 

 

Kahne Races Outlaws + Keselowski Passes Away + Missing Kids | Mooresville, NC Patch

Patch

… Maine man charged with PPP loan fraud sues US government and Lowe’s (WGME) … to you in part by Newrez, a leading nationwide mortgage lender.

 

 

 

VIDEO: Startup Mortgage Company Fires Hundreds Of Employees On Zoom Call – News Nation USA

News Nation USA

NEW YORK (CBSNewYork) — The CEO of a startup mortgage company is … Trump Fraud Inquiry Won’t Be Resolved When Vance’s Term Ends Next Week.

 

 

 

Stockton farm labor contractor arraigned on 15 felony counts in alleged $1.8 million workers …

Crime Voice

Alfredo Casas, 62, of Stockton, has been arraigned on 15 felony counts of insurance fraud, grand theft and tax evasion. Casas.

 

 

 

WEB

(Reader: Lazarus) Twelve CT Judges Arrested for Capias Mortgage Fraud | Operation …

Operation Disclosure Official

Judge Walter Spader is the Police Commissioner, Judge, the lobbyist, and a partner in the law firm of the foreclosures he steals.

 

 

 

Foreclosure Daily News Update ⋅ December 24, 2021

 

As Foreclosures Decline, Mortgage Delinquencies Remain Steady – DSNews

DS News

Both foreclosure starts (3,700) and active foreclosure inventory (132,000) hit new record lows in November as borrowers continue to work through …

Effectively Managing Your Foreclosure Portfolio – CRC – Single Family – Freddie Mac – Client Resource Center – Freddie Mac

Full Coverage

 

 

 

Black Knight’s First Look: Mortgage Delinquencies Continue Steady Improvement – KPVI

KPVI

Total U.S. foreclosure pre-sale inventory rate: 0.25% … *Non-current totals combine foreclosures and delinquencies as a percent of active loans …

 

 

 

Housing Help in Uncertain Times – SweetwaterNOW

SweetwaterNOW

Foreclosure Prevention. Foreclosure prevention is when WHN assists you with the negotiation to delay or stop a foreclosure. They are there to assist …

 

 

 

Hello Living staves off foreclosure on East Flatbush project, for now – The Real Deal

The Real Deal

Eli Karp is making a do-or-die attempt to save his Brooklyn rental project, filing for Ch. 11 a day before a planned foreclosure auction.

Land auction hilo – Giromondo Tour – Giromondo Tour

Tampa bay condo foreclosures – gaintech.com.br

Homes for sale 98671 – EIE – EIE

Full Coverage

 

 

 

Serious delinquencies dropped by 80,000 in November | National Mortgage News

National Mortgage News

Just 409,000 loans were seriously delinquent but not in foreclosure at the end of February 2020. The relative numbers for mortgages that …

 

 

 

As Foreclosures Decline, Mortgage Delinquencies Remain Steady – Appraisal Buzz

Appraisal Buzz

As Foreclosures Decline, Mortgage Delinquencies Remain Steady … Prepayment activity fell by 8.9% in November to hit its lowest level in 22 months, as …

 

 

 

Black Knight’s First Look: Mortgage Delinquencies Continue Steady Improvement – GuruFocus

GuruFocus

Both foreclosure starts (3,700) and active foreclosure inventory … rate (loans 30 or more days past due, but not in foreclosure): 3.59%

 

 

 

5th Circuit says bank and mortgage servicer did not engage in “dual tracking” – Lexology

Lexology

On December 15, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of defendants in a mortgage foreclosure action…

 

 

 

RUPCO clears hurdle to acquiring 10 tax-foreclosed houses in Kingston – Daily Freeman

Daily Freeman

This tax-foreclosed house at 112 Hone St. in Kingston, N.Y., shown on Nov. 11, 2021, is one of 10 in the city that affordable housing agency RUPCO …

 

 

 

Billionaire Len Blavatnik, Witkoff Take Control of Troubled NYC Condo Project – Bloomberg

Bloomberg.com

Blavatnik’s Access Industries and the Witkoff Group bought the property — at 76 11th Ave. near the High Line park in Chelsea — in a foreclosure …

 

 

 

Notice | Legal Announcements | mooresvilletribune.com

Mooresville Tribune

NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on January 18, 2006, a certain Note having an original principal amount of $84000.00, …

 

 

 

Legals for December, 24 2021 | Bonner County Daily Bee

Bonner County Daily Bee

SUMMONS FOR PUBLICATION ON COMPLAINT FOR JUDICIAL FORECLOSURE AND DECLARATORY RELIEF IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE …

 

 

 

What Does the Board Need to Understand Mechanics Liens? – Habitat Magazine

Habitat Magazine

When you say foreclosure of the lien, what does that actually mean? It’s a proceeding where the contractor takes their lien and any supporting …

 

 

 

Doubling Down With the Derricos’ Deon boasts about ‘buying up blocks’ & promotes real … – The Sun

The Sun

The petition for foreclosure mediation assistance was dismissed and the foreclosure was to be issued in the normal course of business. Deon filed a …

 

 

 

Billionaire Len Blavatnik Takes Control of Troubled NYC Condo Project – Bloomberg Quint

Bloomberg Quint

… Industries and the Witkoff Group bought the property — at 76 11th Ave. near the High Line park in Chelsea — in a foreclosure sale Thursday.

 

 

 

THE COURTS | News, Sports, Jobs – Morning Journal

Morning Journal

Margaret Wilkinson, Wooster Street, East Liverpool; foreclosure sought for $38,039 debt. Mariner Finance, Indianapolis, Ind., vs.

 

 

 

City Hall, Council Chambers December 07, 2021 | The Ely Echo

The Ely Echo

Covid has changed their foreclosure process, now all the bidding on these properties is all online. With this they have had more sophisticated …

 

 

 

Kaun Banegi Shikharwati trailer: In Lara Dutta, Soha Ali Khan’s new series, a glimpse of desi …

Hindustan Times

Faced with foreclosure for not paying wealth tax, he and his advisor (played by Raghubir Yadav) devise an outlandish plan to bring the king’s four …

 

 

 

Real Property, Financial Services, & Title Insurance Update: Week Ending December 10, 2021

JD Supra

8, 2021) (reversed and remanded); Foreclosure/ Affirmative Defenses / TILA: To determine whether a transaction is subject to TILA, which does not …

 

 

 

In the courts: | News, Sports, Jobs – The Review

In the courts: | News, Sports, Jobs – The Review

COLUMBIANA COUNTY COMMON PLEAS New Cases Huntington National Bank, Columbus, vs. Margaret Wilkinson, Wooster Street, East Liverpool; foreclosure …

 

 

 

Unfair and unpaid: A property tax money machine crushes families – The Philadelphia Tribune

The Philadelphia Tribune

Foreclosures are far rarer in New York City, where property tax debts … he had a heap of foreclosure warnings to sort through and a tax debt …

Foreclosure – Cheshire County – Cheshire County

HOW TO AVOID PROPERTY TAX FORECLOSURE | Leelanau Enterprise – Leelanau Enterprise

foreclosed homes no money down – Clínica Cuevas Queipo – Clínica Cuevas Queipo

Full Coverage

 

 

 

$32M and counting: The cost of cleaner, more detailed crime stats in Florida – YouTube

YouTube

Foreclosure fees has local judge steaming mad. ABC Action News. ABC Action News. •. 3.4M views 11 years ago · Omicron predictions.

 

 

 

Backeburg 19-CV000546 | Legal Announcements | madison.com

Madison.com

STATE OF WISCONSIN CIRCUIT COURT SAUK COUNTY NOTICE OF FORECLOSURE SALE Case No. 19-CV-000546 BMO Harris Bank N.A. as successor to Harris National …

CLERICUS – Foreclosure Sale List – Sumter County Clerk of Courts – Sumter County Clerk of Courts

Full Coverage

 

 

 

Clark County Common Pleas Court cases – Springfield News-Sun

Clark County Common Pleas Court cases

… the United States of America, Secretary of Housing and Urban Development c/o The U.S. Attorney for the Southern District, foreclosure.

 

 

 

Why Is a Mechanic’s Lien a Problem? | Habitat Magazine, New York’s Co-op and Condo Community

Habitat Magazine

After filing, they have a year to go to court and commence a full-scale foreclosure proceeding, just like a bank foreclosure.

 

 

 

Pasco Uber driver says ‘made up’ kidnapping report has ruined his reputation – YouTube

YouTube

Foreclosure fees has local judge steaming mad. ABC Action News. ABC Action News. •. 3.4M views 11 years ago …

 

 

 

Heels Homes, Your Trusted Home Buyer, Buys Houses For Cash In Columbus, Ohio …

PR Underground

… for most property owners who need to sell their houses due to situations such as foreclosure, unwanted inheritance, damaged house, and more.

Foreclosure Homes In Atlanta – – Real Estate Agency Directory – Real Estate Agency Directory

Foreclosure Homes for Sale – – Real Estate Agency Directory – Real Estate Agency Directory

Cheap homes for sale vincennes indiana – DRAYAA – BIOMEDICAL SERVICES – DRAYAA – BIOMEDICAL SERVICES

Full Coverage

 

 

 

Public Notices – | Babylon Beacon

Babylon Beacon

who filed this foreclosure … will not stop this foreclosure action. YOU MUST RESPOND … Concerning Public Auctions of Foreclosed Property

 

 

 

Mortgage Rates Fall As Investors Show Caution Over Omicron – Realtor.com Economic Research

Realtor.com

Homes for Sale. Homes For Sale · New Home Construction · Recently Sold Homes · Foreclosure Homes. Homes Values. Housing Market · Property Records …

 

 

 

Multnomah Sheriff Says This Man Inappropriately Touched Teenager | Portland, OR Patch

Patch

the Multnomah County Sheriff’s Office says that they are looking for a man that they say inappropriately touched a teenager while on the bus.

 

 

 

Sebi to auction Sun Plant Agro and Sun Plant Business properties next month

The Bharat Express News

In December 2014, foreclosure proceedings were initiated against Sun Plant Agro to recover Rs 69.34 crore and a separate foreclosure order was …

 

 

 

Landlords and Mortgage Servicers Put on Notice About Servicemembers’ and Veterans …

MyChesCo

“The illegal foreclosures of military families in the last crisis was one of the financial industry’s worst failures,” said CFPB Director Rohit …

 

 

 

WEB

Consumer Defense: A Tactical Guide To Foreclosure, Bankruptcy, and Creditor Harassment

Carmichael’s Bookstore

Consumer Defense: A Tactical Guide To Foreclosure, Bankruptcy, and Creditor Harassment: The Luxury of the Informed (Paperback) … This book cannot be …

 

 

 

Fundraiser by Danielle Ryan Butts : Our home is in foreclosure please help – GoFundMe

GoFundMe

… now the house is up for foreclosure, we don’t have enough if any funds for gas, and first month’s security deposit to put down on a campsite.

 

 

 

 

For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

LIST OF FORECLOSURE LAWS BY STATE

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