How does that note you signed change without you knowing about it?

THE NEIL GARFIELD SHOW

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<div class="span index">1</div> <span><a class="" data-remote="true" data-type="html" href="/series/now-on-netflix">Now On Netflix</a></span>

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Now On Netflix

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לפני 7 ימיםלפני 7d ago

בטל רישום

שבועי

Now On Netflix is your guide for what to watch this week on Netflix. Join the writers and editors from Tudum.com as they discuss the latest films and series coming to Netflix - and why you won't want to miss them! Celebrity interviews, exclusive insights, upcoming releases, and a behind-the-scenes look you won’t get anywhere else. New episodes every Thursday. https://www.netflix.com/tudum

לפני 4 שנים 31:00

MP3•בית הפרקים

You have often heard me speak about how the foreclosure mills want to talk about the note but foreclosures are about the mortgage or deed of trust. Those are governed by two sets of rules or laws that were adopted in all U.S. jurisdictions from the Uniform Commercial Code. Article 3 governs negotiable instruments which usually include promissory notes. Article 9 governs the enforcement of security instruments which usually include mortgages or deeds of trust. * Tonight Florida attorney and trial lawyer Randy Ackley joins us to discuss his views on how these rules and laws should be considered and argued in court. * Randy Ackley is a licensed attorney in West Palm Beach Florida who has been litigating the defense of foreclosure cases and related matters for many years. * I consider him to be a good trial lawyer with considerable experience in complex litigation and I have worked with him in the past. Randy worked as a senior litigator with Tom Ice who broke through several cases exposing the fraud and corruption of servicers and the players who assist in making claims for foreclosure. * He has worked for disaster relief organizations in many international locations and is an ardent and effective advocate for homeowners and consumers in general.

345 פרקים

#Trading #Business #Finance #Rescission #Foreclosure #Foreclosure Defense #Attorney Charles Marshall #Foreclosure Fraud #Discovery #NEIL GARFIELD #Livingfully #On Covid19

How does that note you signed change without you knowing about it?

THE NEIL GARFIELD SHOW

published לפני 4 שנים

שתפו

MP3•בית הפרקים

345 פרקים

#Trading #Business #Finance #Rescission #Foreclosure #Foreclosure Defense #Attorney Charles Marshall #Foreclosure Fraud #Discovery #NEIL GARFIELD #Livingfully #On Covid19

כל הפרקים

1
A final interview with Foreclosure Defense expert Neil Garfield 37:00

לפני 1 year37:00

37:00

From his start as an investment banker with expertise in securitization to his earliest days as a trial attorney Neil discusses the evolution of foreclosure actions by lenders. Of particular interest is how Neil speaks to how they have been able to veer away from the traditional rules of evidence and discovery to foreclose on unsuspecting homeowners not knowledgable on how these pactice are a violation of basic jurisprudence. The very basic issues of "Legal Standing" are discussed and Neil highlights how they are being ignored in courtrooms all accross the country because homewoners and their attorneys are not challenging the issue of "legal standing" in the discvery process during foreclosure defense litigation. Neil Garfields work continues with Lance Denha esq., Neil's hand picked successor on livinglies.me…

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Preemptive Strategies and Tactics in Foreclosure Defense 30:00

לפני 3 years30:00

30:00

Tonight I share my thoughts on strategies and tactics that will put your opposition on its heels and probably result in an outright win for homeowners and virtually all consumers who have a written contract for installment payments. We start with the premise that virtually all such transactions are securitized. I will talk about the many opportunities that exist under the rules of procedure to create an existential challenge to the claims. If there is no Claimant or Plaintiff and there is no claim at all, then why must we wait to the end and spend tens of thousands of dollars in legal fees to get to that point? Why must homeowners lose their homes to such false claims simply because they lack the resources to contest them? So in tonight’s show, we will visit and revisit some basic strategies that I believe will work most of the time and which could shorten the litigation period substantially. Here is the Agenda: Administrative: QWR and DVL, Complaint to CFPB and State AG Motion to Dismiss and/or Motion for More Definite Statement Offer of Judgment, Letter, and Notice of Service AMGAR Strategy: Make them an offer they can’t refuse (but they will) Motion to Strike Exhibits Motion for specific mediation order requiring the claimant to appear Interlocutory Appeal Combined Request for Admission and Request for production Motion to Compel Response Motion for Sanctions and Motion in Limine Motion for Summary Judgment Remember that in 28 minutes of talk time I can only give an overview of these strategies. Yes, you DO need a lawyer who is licensed in the jurisdiction in which your property is located. There is no guarantee that any of these strategies will succeed, even if they have worked in the past.…

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Evidence 101: If Ireland can do it why can't we? 31:00

לפני 3 years31:00

31:00

The simple way to remember all this is that a business record must be a record of business actually conducted by the record keeper. Anything else is hearsay and must be secluded from evidence. But there is another rule that has been used to defeat this premise and the strategy has been successfully employed. By getting the homeowner and the attorney for the homeowner to agree that the company is a servicer, then the tacit admission is that it is performing serving functions. First things first: No case can be proven without evidence that is accepted by the court as proving the truth of the matter asserted. The essence (the truth of the matter asserted) of all foreclosure claims is this: The claimant is the owner of an obligation owed by the homeowner to the claimant.The homeowner executed documents that memorialized a loan transaction that the homeowner accepted.One of those documents was a note that set forth the schedule of payments plus interest.Another document was the mortgage in which the homeowner agreed that the property was collateral that could be sold in the event of a default.A default has occurred: the homeowner did not make a scheduled payment and the claimant did not receive it.The default caused an economic loss to the claimant.Pursuant to the terms of the documents the claimant demands that the property be sold or that the homeowner redeem the property in accordance with the terms of the note and mortgage. Of the preceding paragraphs, in nearly all instances, paragraphs 1, 5, and 6 are false in foreclosure litigation.…

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Elevator Pitch on Foreclosure Defense 30:00

לפני 3 years30:00

30:00

So the Defense in your case is that there is no claim, that the named designated claimant is a nominee and has no claim, and that the designated company claiming to be a servicer is not servicing (i.e., it does not receive, account for or disburse payments from homeowners) and has no authority to declare a default much less prove that a default occurred --- i.e., that the designated claimant suffered some actual economic injury arising from nonpayment that can be corroborated by admissible evidence. And just to put a finer point on it, I strongly recommend that it should be brought against the named Bank and not "as trustee" for anything. This is because the basic premise of your defense is that there is no trust that owns any underlying obligation owed by you to the trust. Your secondary defense is that there is no underlying obligation owed to the Bank. And your third line of defense is that any agency authority claimed by a company that has been designated as a "servicer" is irrelevant and immaterial and therefore not admissible into evidence unless the principal (US Bank) owns an underlying unpaid obligation due from the homeowner to U.S. Bank. See 9-203 UCC. You do NOT advance some theory of securitization except as context. DO not attempt to try to prove the way the current iteration of securitization operates. You will fail. But if you attack the simple most basic elements of the claim against you at the earliest possible time you will usually win the case --- simply because there is no claim and no viable claimant.…

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Tonight! Liar's Poker! The Things Lawyers Do to Present Their Alleged Client in the Best Light 30:00

לפני 3 years30:00

30:00

Lawyers have a job. Their job is to do the best they can at advancing their client's position-- within the bounds of the law. This usually involves a fair amount of bluff and any successful lawyer will tell you that it requires a great deal of knowledge, only part of which is imparted (and even less retained) in law school. Tonight we will talk about how lawyers bluff their way through any case. And the most effective way of doing that is by asserting facts or laws that have never been introduced into the case. In some cases, those facts and those laws will never be introduced. But if the lawyer is good at bluffing, the opposing lawyer will fail to object or challenge the assertion. In the mind of the judge, a human being, the fact is then firmly established as true. The die is cast. This is particularly true in foreclosure litigation. A lawyer stands up and says his name and says that he represents the claimant that has either been named as Plaintiff in a judicial foreclosure or as Defendant in a nonjudicial state where the homeowner must file the claim against the forced sale of homestead property. The fact that this lawyer has never spoken to any officer or employee of the named claimant does not stop him or her from asserting that he or she is the authorized legal advocate for the named claimant. That is a bluff and it is hard to overcome until later, at best. That lawyer knows that the trust, even if could be construed as technically existing, has never received a single payment from the homeowner and never will. So tonight's show is devoted to bluffing and what homeowners can do about it. Spoiler Alert: you probably need a lawyer of your own to counteract the effect of bluffing by the lawyer for the "foreclosure mill."…

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2022 Trends in the Foreclosure World, including the Great Rise in Housing Values 30:00

לפני 3 years30:00

30:00

Foreclosure trends for 2022 are developing ever rapidly, and here are some of the most significant ones: - Home Values continue to rise in many places, disproportionate to historical trends, and loan amounts taken out by homeowners, either in refinances, or new home purchases, have likewise reached historical highs, setting the table for a scenario of a wave of loan defaults, should the economy continue to see massive inflation. - Many homeowners have seen large increases in home equity, sometimes enough to offset large arrearages built up over months or years of challenging the 'claimants' to their 'mortgage loans'. - We will discuss on future Shows how homeowners can tap into that home equity. - In the litigation arena, institutional mortgage foreclosure plaintiffs in judicial foreclosure states are becoming more assertive in bringing matters forward; likewise in non-judcial foreclosure states, where foreclosure activity is not only dramatically increasing, it is also becoming more assertive in the scheduling of trustee's sales. - In the trustee sale arena, the small arena of which is the final stage, the auction site, it is more important than ever in some cases to challenge the sale at the actual site, as there are more and better monied predatory groups as third parties buying large quantities of foreclosed properties at auction. All things being equal, it is almost always better if an auction goes forward, for the property to back to the beneficiary, rather than be sold to a third-party. Reasons for this are several, and will be covered on the Show today, tieing the analysis to unlawful detainer (UD), and bankruptcy (BK), legal procedure.…

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Here is How We Beat the Banks 30:00

לפני 3 years30:00

30:00

We start getting down to specific arguments that can be made to judges and specific testimony from the forensic expert that would likely succeed in educating the court --- as Bill has repeatedly done in the past. No lawyer can proceed with a defense without knowing the weaknesses in the case against his or her client. Most lawyers proceed without the facts that would reveal those weaknesses. So the starting point is Bill (or some other qualified forensic investigator). The NEXT step is hiring a lawyer who can then develop a strategic and tactical plan to attack the now-revealed weaknesses and defects in the case against the homeowner. We will analyze an unsigned letter, supposedly from New Rez c//o PHH responding to a QWR by saying that the investor they have listed is "Wells Fargo, N.A., The Bank of New York Mellon f/k/a The Bank of New York, successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-AR-5" There are about 5 salient things that make that statement (a) an illegal response to the QWR and (2) establishing an inconsistent statement that cannot be reconciled unless the prosecuting claimant alleges a clear statement and proves the status of the claimant. But most of all I explained how this was an opportunity for him to start educating the judge and I suggested that he file a motion for clarification and/or more definite statement since it was impossible for him to determine who the Plaintiff was and who he should pay --- while all the while taking the position that he wants to pay and has the resources to do so. Even if denied this brings the issue up on the radar of the judge. It moves the needle, even if not completely.…

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How to benefit from Wall Street securitization schemes 31:00

לפני 3 years31:00

31:00

In a remake of technologically challegned Thrusday broadcast --- Behind the scenes, I have been having extensive telephone conversations and email correspondence with Bill, Charles, and other parties interested in the content and the radio show format. Tonight Neil, Charles, and Bill will all be on the same show to discuss what is next in the fight against foreclosures and defamation of homeowner titles. We will also be discussing various proactive undertakings by homeowners and their lawyers to (a) fend off fake foreclosure claims, (b) seek the return of money (disgorgement) unlawfully coerced from homeowners and (c) seek the award and payment of compensatory, statutory, punitive and exemplary damages against those who fraudulently present and pursue fraudulent claims and who abuse legal process. The Wall Street banks are now locked into their own lies. It is time to take advantage of that and use it to best advantage homeowners and consumers generally. Fundamentally we are talking about ways to motivate homeowners to obtain a return of what has been taken from them --- a legitimate business investment in their homes, fair terms on real loans with real lenders, and participation in the force-placed securitization schemes as co-issuers of instruments that were eventually converted and sold to investors as huge profits.…

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How consumers can benefit from "Securitization" schemes 1:00

לפני 3 years1:00

1:00

Behind the scenes, I have been having extensive telephone conversations and email correspondence with Bill, Charles, and other parties interested in the content and the radio show format. Tonight Neil, Charles, and Bill will all be on the same show to discuss what is next in the fight against foreclosures and defamation of homeowner titles. We will also be discussing various proactive undertakings by homeowners and their lawyers to (a) fend off fake foreclosure claims, (b) seek the return of money (disgorgement) unlawfully coerced from homeowners and (c) seek the award and payment of compensatory, statutory, punitive and exemplary damages against those who fraudulently present and pursue fraudulent claims and who abuse legal process. The Wall Street banks are now locked into their own lies. It is time to take advantage of that and use it to best advantage homeowners and consumers generally. Fundamentally we are talking about ways to motivate homeowners to obtain a return of what has been taken from them --- a legitimate business investment in their homes, fair terms on real loans with real lenders, and participation in the force-placed securitization schemes as co-issuers of instruments that were eventually converted and sold to investors as huge profits.…

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Elephant in the room: Securitization is a PONZI scheme 30:00

לפני 3 years30:00

30:00

Tonight I will explain why securitization claims are just simply a PONZI scheme and what that means to the ordinary consumer/homeowner (and "borrower") in any consumer transaction. But let's start with this, as a checklist of items we will cover tonight: ESSENTIAL ELEMENTS OF A SUCCESSFUL PONZI SCHEME Exponentially increasing liabilities --- i.e., mounting debt. that is not disclosed until it crashes crappy, nonexistent, or inadequate assets deceitful or nonexistent accounting feeble, inert or toothless regulation a get rich quick culture for preference salted with a whole array of inappropriate incentives stupid, ignorant, lazy investors--- the greedier the better, and an astonishing capacity for self-delusion…

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Mock Foreclosure Trial with Neil Garfield, Charles Marshall and William Paatalo 46:00

לפני 3 years46:00

46:00

WE ARE TRYING A NEW FORMAT TO BE MORE INFORMATIVE AND TO DO A BETTER JOB AT EDUCATING HOMEOWNERS AND FORECLOSURE DEFENSE ATTORNEYS. CASE BY CASE ANALYSIS EACH 45 MINUTE SHOW PICKED FROM REAL CASES THAT ARE TRIED, DISCUSSED, AND DECIDED BY OUR PANEL. If you wish to submit your case for review please submit the case review form. If your case is selected, you will be notified ahead of time, so you can ask questions. CLICK ON THIS LINK TO SUBMIT YOUR CASE REVIEW (REGISTRATION) FORM. The information will not be used for any purpose other than evaluation for program purposes and all information will be kept private as to the identification of the homeowner. Don't use your last name if you are selected and on the air. We will contact you to upload documents if you are selected. You will be allowed to ask questions on the air. Every homeowner who has signed a note and mortgage (or deed of trust) should know what we know and how they can use that knowledge to their benefit. You have more leverage than you think! Lawyers take note! The flood is starting. If you have not learned the basics of securitization, then you don't have the information necessary to properly advise your clients or prospective clients. This can be your chance to open a very lucrative practice for you with a high likelihood of obtaining satisfying results for you and your client --- if you know trial practice. This show is for general information purposes only and should not be used as a substitute for advice from a local licensed trial practitioner. The absence of knowledge of court procedure (motions, objections) will most likely lead to failure for homeowners. Foreclosure defense is an uphill battle.…

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Q&A on Prelitigation Strategies — QWR, DVL and Complaints to CFPB and State AG 31:00

לפני 3 years31:00

31:00

As a follow-up to our FREE presentation CLE webinar on Prelitigation Strategies and Practices, we offer an open mike Q&A on tonight’s show. Please think about your questions in advance and refrain from long monologues about your case. Here is the obvious premise of this work: If as a consumer you have executed a promissory note and mortgage (or deed of trust) and you think that there is a loan account receivable somewhere that is owned and maintained by some lender or creditor, you are most likely incorrect. Most homeowners make the mistake of thinking that the QWR and DVL are simply “form letters.” If that were the case, we would provide you with the template and you could send it out yourself. And back in the old days (pre-1995) that would be entirely appropriate for settling any disputes regarding the proper allocation of payments or any other issues. The statutory foundation for the creation of the QWR and the DVL was designed to resolve potential disputes between the debtor and the creditor. Today, the situation is different. We already know that there is no valid claim against the homeowner and that there is no valid claimant. We also already know that any company that is claimed to be a “servicer” neither has any legal authority to act as such (from anyone) nor does it perform any functions that are normally attributed to a company claiming to be a servicer. So while the legislative intent for providing consumer remedies in RESPA and the FDCPA was designed to resolve disputes, the procedures contained within those statutes are now used by homeowners to start a dispute — because, without a history of disputing the claims made to administer, collect or enforce any alleged obligation due from the homeowner, it is much harder to mount an effective defense.…

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Sharks Eating Sharks: a Case Study out of the SDNY from 2016 31:00

לפני 3 years31:00

31:00

The legal case of US Bank (trust) v. UBS (United Bank of Switzerland) Real Estate was decided in 2016 in SDNY. The order following decision extends for literally more than 100 pages. The gist of the case is that US Bank went after UBS because of the poor loan quality of the loans making up the pool of investement mortgages in the PSA put together with UBS to memorialize the trust. Bill will explain and Charles will frame legal implications for how homeowners can use a lot of the findings and information from the lawsuit in their own cases defending or suing institutional lenders and servicers. While UBS could not meaningfully demonstrate that they deposited the actual mortgage notes per the PSA, into the US Bank trust, US Bank alleged to have never even received the Mortgage Files which make up the source of documentation for the individual loans. Yet US Bank could proffer no meaningful evidence that they US Bank, did not in fact receive the Mortgage Files at issue, so much of the Court Order rejected their claims. The overall Court Order is an exemplar in contrived complexity, yet also an exemplar of sound and unfortunately vanishing clear and compelling language when relating complex topics such as this one. The Order noted on page 7, "Remarkably, the overwhelming majority of loans in the Trusts were for the purpose of refinancing a home already owned by the borrower, rather than for the purpose of purchasing new property...Undoubtedly, many of these were for the purpose of monetizing and extracting rising equity for other use." Hence, of course, the poor loan quality, and the high default rates in these trusts, here leading US Bank to sue through the trust at issue, to try and stanch the bleeding to them, from the bad loans. Charles will then discuss how this contrived complexity is one of the reasons homeowers are reluctant to defend themselves, and address other reasons for that reality.…

לפני 4 years31:00

31:00

THE NEIL GARFIELD SHOW

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The Foreclosure Tsunami is Coming Ashore Soon...See the Tide Recede Apace 30:00

לפני 4 years30:00

30:00

Bill Paatalo joins Host Charles Marshall to discuss the coming foreclosure tsunami, which looks to finally start landing in a big way in October or November. The major solution for homeowners and those whose houses have gone to sale, is to seek safe ground now or shortly, rather than waiting for the inevitable. In both judicial and non-judicial foreclosure states, homeowners can retain foreclosure defense attorneys--defendant's attorneys against judicial foreclosures in judicial foreclosure states, plaintiff's attorneys in non judicial foreclosure states like California. Today on the Show we will discuss strategies to deal with this latest situation, where the national foreclosure and eviction moratoriums expire in days. The key for homeowners and other impacted is to start early and play hard. Even as the prep period for early is going down quickly, getting an attorney in place, and a financial, forensic investigator like Bill Paatalo, is key to potentially winning the long war with the banks. Bill will discuss in part an unlawful detainer case he is handling where per usual well crafted and imposed discovery is pinning the opposition down, in this case Chase Bank. Bill Paatalo,…

THE NEIL GARFIELD SHOW

1
How a CPA could upend the case against the homeowner! 30:00

לפני 4 years30:00

30:00

The typical case against the homeowner involves the participation of a company claiming to be the servicer. While the company might perform certain functions of the statutory definitions in the regulation of "servicers," it is actually rare that it is the recipient of money paid by homeowners and even more rare that it is the disburser of payments to "creditors." But even if the payment history produced by a representative of the servicer is authentic, it might be barred or struck from evidence, based upon the expert opinion of a certified public accountant. The opinion of the CPA would simply be that it is impossible to determine the balance of the loan account from the payment history. Without looking at the accounting ledger of the creditor, the payment history is merely a recitation of activity during the time that the alleged loan was serviced. The balance of the alleged loan account as claimed by the company claiming to be the servicer is only an estimate. And typically there is no representative of the company claiming to be a servicer that can say that they have seen the accounting ledger of the creditor --- or even that they know who the creditor is.…

THE NEIL GARFIELD SHOW

1
Evading State Laws: The Purpose of Using Trusts Years Past the Mortgage Meltdown 30:00

לפני 4 years30:00

30:00

Licensed Private Investigator Bill Paatalo in a Blog post from just yesterday Sep. 8, highlights the case of mortgage servicer New Residential Investment Corp (New Rez), using trusts to enforce their mortgage servicing rights --- since so many states otherwise require mortgage-related entities who purchase, hold, enforce or sell residential mortgage loans, to maintain licenses to do so within their jurisdictions. So servicers like New Rez get around these licensing requirements by continually maintaining the appearance or illusion of ownership (through assignments of rights or interest) by presenting homeowner transactions as being individual mortgage loans in a trust. And in particular, they use one named but not necessarily controlled by a national bank. Since most banks are not subject to state licensing requirements of the sort at issue here they are evading the requirements of state regulation. Consumers suffer because judges presume that the parties involved have all complied with conditions precedent and estate statutes governing administration, collection and enforcement of alleged debts. As always, Bill is getting much of his intel through the discovery process in the cases he handles, more proof that discovery is the key to advancing homeowner rights in foreclosure. Attorney Charles Marshall will recount the latest developments in the mess of the Covid world, from the status of various foreclosure and eviction moratoriums to the latest in court practice, particularly in California.…

THE NEIL GARFIELD SHOW

1
FINTECH and PLAUSIBLE DENIABILITY!! 31:00

לפני 4 years31:00

31:00

The laws of men on Wall Street are pushing out the laws of the country. It is time we pushed back. There are no laws of men — not in this country! Fighting ghosts is challenging but not impossible. Ask anyone who has been required to deal with what they thought was their loan account and you get the same answer. You never get to speak to anyone in charge of anything. YOU CAN USE THAT AGAINST THEM. Remember always that you are not dealing with people. You are dealing with a computer that is designed to run independently of human intervention, thought or decision making or authorization. And THAT TOO can be used against them. But it allows for deniability because when it comes to any one specific event the claim can be made that no human did it. Yet the law specifically holds such acts to be legally the responsibility of humans who engineered the scheme, which in this case would be the investment banks. That computer will send out instructions to a law firm to initiate foreclosure proceedings. the law firm has no way of knowing where those instructions originated. And it doesn’t ask because it has been told not to ask. The computer decides when the lawyer should start and who to name as creditor and who to name as servicer. These are just predetermined names — not companies tasked with performing any functions or activities. And the computer will decide what figures to use and it will provide access to forms prepared according to algorithms for the computer to create notices, and even fabricate documents sent to third parties to pretend they are authorized signors who in turn take people off the street and have them sign, not knowing what is in the document or even just getting them to allow their signature to be used on documents they will never see much less understand.…

THE NEIL GARFIELD SHOW

1
How WAMU gamed BK Receivership in 2008; Contrived Complexity Revisited by Neil 31:00

לפני 4 years31:00

31:00

Bill will discuss on the Show today how a blanket lien granted by the OTS just prior the WAMU BK receivership of 2008 was used by the FDIC to in effect use the bk process to enable the conveying of title to the WAMU mortgage loans transferred through the BK to Chase, whereby same title was 'as is', with no warranties as to enforceability, collectibility, or unknown liens. This provides yet another level and layer of potential attack of the WAMU receivership, in litigation. Bill will then revisit his take as relayed by Charles on the Show a couple of weeks ago, re a Nationstar deponent testifying that no delivery of value occurred in the underyling loan transaction Nationstar was supposed to be servicing. Charles then will relate some brief details of a thought experiment conveyed to Neil by a Wall Street insider, an anonymous yet reliable source on the mortgage meltdown fiasco and ongoing housing market reality. Great take on how through contrived complexity you can make $100 into $5,000, while still demanding $1,000 from the principal victim to the ruse--the original borrower, seeker of the mortgage deal, purchaser of the home that is mortgaged. Charles will finish up the Show with his latest Covid update.…

THE NEIL GARFIELD SHOW

1
It's about winning. 31:00

לפני 4 years31:00

31:00

Regular people think that going to court is winning a point and finding vindication in the judgment of the court. But lawyers know that going to court is all about keeping in control of the narrative. So it should come as no surprise when people feel railroaded because they know or understand that the opposition has no case against them. They still lose. Why? because they lost sight of the real prize: just winning. Not vindication and not a judgment that puts the opposing lawyer and client in jail. Just winning. Winning is all about what lawyers call the prima facie case but only lawyers understand the true nature of every prima facie case. It is only the case that has been pleaded in allegations of a well-pleaded complaint that asserts a short plain statement of ultimate facts upon which relief COULD be granted. Notice the word could is not would or will. It is could because without proof the prima facie case fails and judgment is entered for the homeowner. And that is what you want, right? So the goal of every foreclosure defense attorney is to interfere with the ability of the foreclosure mill to put on a case. See https://livinglies.me/2020/01/09/tonight-whats-in-a-label-everything/…

THE NEIL GARFIELD SHOW

1
Discovery Key to Advance Your Position in a Non-Judicial or Judicial Foreclosure 30:00

לפני 4 years30:00

30:00

Very promising development out of New York State. A principal issue in the case was whether the foreclosing party (mortgagee, the typical designate in a judicial foreclosure state) possessed the subject note before commencing the foreclosure process, and whether it had complied with serving statutorily required notices prior to initiating the foreclosure process. The lower court allowed Deutsche Bank National Trust Co. to get away with presenting as evidence of the the Note, and the notice requirement of foreclosure, affidavits by corp officers supposedly possessing knowledge about the Note on the one hand, and the notices of foreclosure, on the other hand. The New York Appellate Division appropriately reversed the summary judgment foreclosure. Neil rightly points out common sense requirement of UCC Article 9 Section 203 requiring actual possession of the Note is a finesse itself. Then Bill will be discussing a deposition transcript whereby a Nationstar deponent testifies in effect that the seller at issue never delievered anything of value, showing only a so-called purchase of the underlying mortgage asset, with no proof of legal consideration; further, that same deponent on money issues, states only that someone in the Financing Dept has those answers. So the best course of action in this case would be to then depose the Financing Dept head or someone equally knowledgeable of the sorts of issues in the particular lawsuit. Finally, Charles addresses latest legal mess with Covid, and how the foreclosure and eviction moratoriums are more muddled than ever.…

THE NEIL GARFIELD SHOW

1
Don't Miss the Point! 31:00

לפני 4 years31:00

31:00

Most people are thinking theater. Perry Mason. Some point in litigation where someone admits to being a lying thieving murderous scoundrel. That doesn't happen in real courtrooms for the most part and it certainly does not happen in foreclosure cases. Homeowners are looking for both redemption and vindication, neither of which is the business of the court system nor should it be. Homeowners should be looking to accomplish only one goal: saving their home, keeping their house. That is not done by attempting to prove something. Defense lawyers know that the best defense is a good procedural offense so the case against their clients never gets off the ground. In foreclosure defense, the point is not to prove it. In fact, the point is to stay away from proving anything. The point is to kneecap the opposition so they can't prove their claim. The various magic bullets that are circulating are neither magic nor bullets. they don't work. And that is the best case scenario. Let me be clear, fabricating false documentation to defeat a foreclosure is not any better or any more legally justified than that practice when used in filing foreclosure actions. There is no goose and no gander here. And unless you are a multibillion-dollar bank, you are low hanging fruit to prosecutors. That said there are a number of legal documents that can be executed that might slow down the foreclosure process or even give you an opportunity to stall or eliminate the threat. There can be no doubt that the scheme to fabricate false documents was wrong, illegal, unethical.…

THE NEIL GARFIELD SHOW

1
Trends 2021 What the Foreclosure Landscape Looks Like Halfway through 2021 30:00

לפני 4 years30:00

30:00

The latest trends of 2021 will be addressed today, with a focus on non-judicial foreclosure states and actions, in the following legal areas: - civil litigation state, - litigation Fed, - appellate practice both state and Fed, - unlawful detainer practice, aka post-foreclosure eviction lawsuits, - bankruptcy practice. All to be examined through the lens of Covid impacts both State and Federal, including the latest re foreclosure and eviction moratoriums.…

THE NEIL GARFIELD SHOW

1
What I can and what I cannot do for victims of fake foreclosures 31:00

לפני 4 years31:00

31:00

I often have exchanges with frustrated homeowners that end up like this one received recently: “That leaves everyone doing nothing and allowing the banks to prevail. Your posts are very inspiring ( like a carrot) but then very discouraging ( your answer) when there’s no one willing to help the cause. We’re supposed to have real answers/ solutions to help people, not just information. “ She’s right! But like most homeowners, she doesn’t like the real answer and real solution. The real answer lies in a good or great knowledge of court procedure. I can’t teach that to lay people who have no foundation in legal training. If it was that easy we would not need lawyers or even judges. The reason solution lies in a timely, well-conceived strategy and tactical plan to attack the sufficiency of the allegations, the implied allegations, the evidence, and the implied evidence. In order to do that you need to understand the rules of civil procedure in your local courts and methods and strategies that can be used to encourage a court to fund that that there is insufficient evidence to allow the foreclosure claim to proceed. That said, I intend to discuss tonight some of the basics and why homeowners should be paying their lawyers more — in order to get the work done that needs to be done. Whether you are fighting to win or just kick the can down the road, the key to success is in attacking the sufficiency of allegations and the sufficiency of the evidence against the homeowner. Nothing more and nothing less.…

THE NEIL GARFIELD SHOW

1
WAMU Lives On to 2015 and Beyond, and Double Reconveyances are Now a Thing! 31:00

לפני 4 years31:00

31:00

Bill Paatalo dissects an assignment of mortgage loan interest to a 'WAMU trust', a possible legal nullity after the 2008 WAMU BK liquidating WAMU's legal interest in their mortgage loan portfolio. Then Bill further dissects a double reconveyance situation, which again involves WAMU and US Bank. Charles Marshall will weigh in on these issues as well, in addition to providing the latest news on the COVID-19 front as it relates to mortgage loans and evictions.…

THE NEIL GARFIELD SHOW

1
Stolen Consent and What You Can do About It 30:00

לפני 4 years30:00

30:00

If you learn anything it should be this: cases are not won or lost based upon the merits of each side. They are won and lost based upon perception and procedure. Everyone already knows what I have been teaching for decades, Winning cases is about working the system not about being right. That is exactly why hardly anyone trusts the system or lawyers or judges for that matter. But other than a few courageous homeowners, everyone seems to forget that simple proposition. And so because they believe that the entire foreclosure scheme for the past two decades has been one elaborate fraudulent scheme they assume they have a right to win. And they think the lawyers and courts should admit that the scheme is fraudulent and basically mostly a PONZI scheme. There is no such thing as a right to win. There are only winners and losers who know how or who don't know how to work the system. The problem for homeowners who seek to fight is that there is a nearly religious belief that this is about being right rather than undermining the right of anyone to initiate foreclosure procedures against them. They want to prove their opposition to be wrong. It is not enough for them to prove there is no claim against them and so they go on to lose and prove the erroneous proposition that homeowners cannot win. They can win and they do win.…

THE NEIL GARFIELD SHOW

1
American Property Owners Network (APON) Coming to Your Town 31:00

לפני 4 years31:00

31:00

Bill Paatalo will join host Charles Marshall to discuss how lenders behind securitized trusts such as US Bank, has no contact with the so-called certificateholders who would presumably possess bona fides to confirm the status pariculars of the mortgage debt. Moroever, certificateholders cannot even be identified typically, nor can accounting of payments to certificateholders be verified. First though, Charles and Bill will discuss the American Property Owners Network (APON), a new non-profit organization whose mission is to unite homeowners, ultimately nationwide, and rental property owners against the massive lending and foreclosure fraud perpetuated across the country since the Mortgage Meltdown of 2008. APON is coordinating with Neil to bring a formal, legal petition to the Florida Supreme Court to bring not just uniformity but fairness to Florida legal procedures used to adjudicate legal disputes involving mortgage debt securitization. The goal is to enable legal procedure which would disable the institutional lenders and mortgage servicers from continually gaming the legal courts as they do now, and instead enable homeowners to meaningfully have their legal evidence properly considered. There will be a webinar presented by APON with a Question and Answer session this July 6, 2021, 430 pm EDT. Mark your calendars, and see Neil's Blog for more information. Finally, Charles will discuss the latest on the Covid-19 foreclosure and eviction front, with an update on how both the national foreclosure and eviction moratoriums have been largely extended through September 30, 2021, with states like California continuing their moratoriums as well.…

THE NEIL GARFIELD SHOW

1
What Can Happen if There IS a Proper Defense 31:00

לפני 4 years31:00

31:00

Foreclosure process is no different than any other. The courts are required to accept all allegations as true. The homeowner must say that the allegations are not true and then the homeowner has two choices. The homeowner can seek to either disprove the allegations with evidence that shows that the the allegations could not possibly be true. The other path, which is far from well traveled but which has continuously proven its merit in courtroom warfare, is to establish that the foreclosure mill has no ability or willingness to produce evidence if required to do so. If you look at virtually all foreclosures in the current era, they are all based upon out of court declarations or statements made by persons who never appear at trial and who are never mentioned. Those undisclosed people, machines and business entities cannot be cross examined or ever subpoenaed. That is evidence which is expressly and specifically prohibited under the hearsay rules because anyone who does come to court under those circumstances is basically a witness to a witness.…

THE NEIL GARFIELD SHOW

1
Chase Follows the Lenin Strategy: Who-Whom, That is the Fundamental Question 30:00

לפני 4 years30:00

30:00

Bill Paatalo joins Host Charles Marshall to discuss an established pattern he has uncovered in Chase litigation of all sorts. Just as Lenin in Soviet Russia days decided political questions based on who the players to benefit were from a given action, whom the victims would be from same action, Chase variously changes their claims of 'owning' the debt in securitized mortgages stemming from the WAMU to Chase bankruptcy of 2008, depending on whom they are litigating against. When the other party to their litigation over securitized mortgage loans is a borrower, they claim for these WAMU to Chase loans an ownership interest and role. When the other party to the litigation is instead an investor and/or an insurance company, involved with the securitized trust at issue, then Chase conveniently disclaims the type of ownership role in which they naturally and derivatively would be liable for defects in the securitized trust at issue. Then Charles Marshall will do what might be a last call of sorts on the National Foreclosure Moratorium, covering how homeowners can still potentially take advantage of the forebearance options available through the Moratorium. The companion Eviction Moratorium is also slated to end June 30, 2021.…

THE NEIL GARFIELD SHOW

1
How the Logic of the Courtroom Gives Judgments and Sells Property 31:00

לפני 4 years31:00

31:00

There is a logic to the laws governing litigation and trial procedure, which is often based on fact. But those who really know how to apply those protocols also understand how they can be twisted away from the facts. And that is the problem for the homeowner. Ignorance of these protocols is no excuse, and those protocols can kill your chances of winning in court. If the initial cut by the surgeon severs an artery supplying blood, nutrients, and oxygen to the brain, there are only a few minutes to correct the problem --- if it can be corrected. An initial error by the trial lawyer can sever the chances of ever winning the case. In foreclosures, the trial lawyer is often the homeowner without a lawyer because few lawyers can be found to take these cases. So the defense narrative is never fully developed under such circumstances. that means that at the outset, the artery is cut. The litigation plan is never considered must less decided upon, with various alternative plans based upon obstacles that appear during litigation. And the most common mistake is referring to a servicer simply because that is how it was presented.…

THE NEIL GARFIELD SHOW

1
Navigating the Post Foreclosure and Eviction Moratoriums Set to Expire June 30 30:00

לפני 4 years30:00

30:00

The National Foreclosure Moratorium and associated forbearance enrollment applying to various Government-back loans (Fannie Mae, Freddie Mac, HUD/FHA, VA, USDA), is set to expire June 30, 2021. As of this date, a possible extension to let's say September 30 does not appear to be on the horizon, though it may still happen. The national eviction moratorium thru the Centers for Disease Control (CDC) likewise expires June 30. Today on the Show we will break down the nuts and bolts of what these foreclosure and eviction protections have looked like, and also cover what to expect in the months ahead, including discussing the various end dates of certain State deadlines, which largely track the Fed experation of June 30. A notable outlier is New York, which extends it's eviction ban through August 31, 2021.…

THE NEIL GARFIELD SHOW

1
Listen for Secret key to Unlock Securitization! 31:00

לפני 4 years31:00

31:00

It all comes down to one thing. This "Thing" is never stated but always there. Focus on this thing and you will enhance your chances of victory against companies claiming to be servicers. They're the ones who hire the lawyers, although the lawyers file pleadings and notices as if they represent banks with whom they have no relationship. Pretender servicers are more dangerous than pretender lenders. Tonight I'll give anyone who is listening to our weekly show the key to bringing the hammer down on foreclosure mills, the named claimant and the unnamed claimant --- the pretender lender. Now is the time! Then we'll talk about the hearsay rule, without which the foreclosure mills would always lose. But the hearsay rule is also a challenge opportunity. Use it or lose it!…

THE NEIL GARFIELD SHOW

1
Hedge Funds Gaming the Auction Process of both Judicial and non Judicial States 30:00

לפני 4 years30:00

30:00

Bill will discuss on the Show today how hedge funds are creating close to auction time last-minute bogus assignments which allow them to submit false credit bids, taking back the properties into "REO" status. Then, they sell same properties to third-parties for profit, to bypass paying back debt. This allows them to get first dibs on imminent foreclosure properties, gaming the auction system. Charles will discuss the latest re the national foreclosure and eviction moratorium, and how the media is downplaying the still cresting tidal wave of foreclosures and evictions, and how market forces in both housing sale and housing and apartment rental markets are being distorted massively.…

THE NEIL GARFIELD SHOW

1
How to Use Settlement and Mediation to Your Advantage 31:00

לפני 4 years31:00

31:00

The main problem for homeowners who end up in mediation or settlement discussions is that they are perceiving their transaction as a loan, while the other side is perceiving the transaction as part of a securitization scheme. The mistake made by both homeowners and lawyers who are not knowledgeable about securitization is that they undervalue the potential settlement because their reference point is the value of the loan. The opposing side is looking at the situation as to the value of the threat to the investment bank's scheme of securitization.…

THE NEIL GARFIELD SHOW

1
Accounting Platforms bypass Servicers 29:00

לפני 4 years29:00

29:00

The contrived complexity of the securitized home "mortgage" industry is confounding lawyers, judges, homeowners, regulators and legislators. But it is no more contrived to great complexity than the use by Wall Street banks who were the largest securitizers, of what amounts to accounting tricks accomplished through intermediaries like Black Knight and Core Logic. ON the Chase side there was IBM Lender Processing Services. Today on the Show Charles Marshall will break this process down with Bill Paatalo, exposing how discovery can be used in either judicial or non-judicial lawsuits to establish that what the public thinks of as the servicer of a loan, collecting payments on same loan, are in fact basically false fronts for mega payment platforms used by the Wall Street banks. This approach explains a lot, including why servicers so often during litigation, cannot provide cohesive or credible payment histories, or show they have real employees responsible for the chain of custody within the servicer of payments, accounting of same, etc. The bottom line for our audience is that litigants can use the discovery process to force the exclusion of evidence presented by the banks and their faux servicers --- not least by taking away the business records exception to the hearsay rule. Which is to say, if the actual requirements of the business records exception are properly attacked through discovery used in ongoing litigation, then the evidence presented by the banks will typically be nothing but hearsay.…

THE NEIL GARFIELD SHOW

1
What's in a name? What's in a document? 30:00

לפני 4 years30:00

30:00

For the past 15 years, I have been hearing complaints about law enforcement and regulators who got it all wrong about securitization. The sad fact is that they didn't get it wrong. They knew what was happening, they initially sought enforcement and then backed off. But they did file actions in court at were the culmination of months, even years of investigation that no homeowner could have financed individually. The retreat from full enforcement was the result of a faulty decision-making process that was corrupted by a threat that was so large that nobody could see past it. Nobody actually was willing to investigate the threat or test it. It is the threat of universal financial armageddon. It resulted in tacit approval of an entirely fraudulent scheme not just in past conduct but also a green light for ongoing fraud through foreclosure, securitization claims, resecuritization claims, and the issuance of more "nominal" value in unregulated securities than all the money in the world 20 times over. Just as a point of reference the value of all such securities in 1983 was zero. The complaints filed by regulators and law enforcement help the reader understand what I have been saying here since 2007. The allegations themselves can be copied and pasted into complaints against not only the investment banks and all their minions but potentially against the individual officers and directors. Tonight we look at the case of the People of the State of Illinois v. Nationwide Title Clearing, described in the complaint as a "document production factory." The complaint is the product of investigation and findings by a state agency and therefore could be argued as presumptively true because of that. The case settled for a small fine, which is part of what I will be talking about tonight. see Illinois vs NTC…

THE NEIL GARFIELD SHOW

1
How the bad guys get fake stuff into evidence and what you an do about it! 30:00

לפני 4 years30:00

30:00

Most people give no thought to the elaborate scheme in which documents are created exclusively for use in civil court actions. The fact that such a statement is true is reason enough to exclude such evidence, but the failure of almost every homeowner and lawyer to timely and properly object is the reason it comes into evidence anyway. No document prepared solely for court can be admitted into evidence in the court record. But once proffered, the court must accept it unless it is obvious that the document is plainly absurd and irrelevant to the issues before the court. And the presence of such evidence in the court record requires the judge to enter findings of fact and conclusions of law favorable to the claimant, who probably does not even exist. Given the fact that there are no business or monetary transactions in the real world, how does any document get admitted into evidence when it purports to be a memorialization of nonexistent events between either nonexistent or disinterested parties? How does the foreclosure mill get such a fabricated, forged, backdated, and false document into evidence? More importantly, how does the homeowner prevent such miscarriage of justice? In foreclosures, the point is NOT whether there is a loan or whether the homeowner owes any money. The point is whether the named claimant (plaintiff or beneficiary) can prove that they own the underlying obligation because that claimant paid value in the real world in exchange for ownership of the underlying obligation. The issue is not whether the "loan" was in"default." The issue is whether the claimant has any legal basis for receiving any relief.…

THE NEIL GARFIELD SHOW

1
Successful Discovery Strategies in Foreclosure Defense 30:00

לפני 4 years30:00

30:00

Somewhere between questioning everything and questioning nothing lies the law. The law consists of duties, rights, and obligations of everyone plus a process of determining if there was a breach, whether it mattered and what to do about it. Successful foreclosure defense is entirely about establishing a breach by the foreclosure mill. The best way to do that is usually through demanding discovery Successful foreclosure defense is about seeking answers that you are entitled to ask when you are allowed to ask them, and how the questions are required to be asked. It is not about getting answers. If someone sues you to collect on a debt, you are entitled to ask, What debt? How do I owe it to you? Who are you? If you don’t get answers or adequate responses, you are in the driver’s seat. You can either apply the brakes or coast along until you lose. But If you apply the gas, you can run the foreclosure mill into a corner. Because they have no answers. People lose their homes because they assume they know the answers. They don’t. None of them do. Lawyers inadvertently allow their clients to lose their homes because they were afraid to ask the right questions and then follow up. Lawyers do that because they think they know the answers and wish to avoid them. Tonight we discuss the who, what, where, when, and why of discovery and why it usually leads to homeowner victory. Make absolutely certain that you don't admit something that is against your interests. Start as early as possible. Avoid using the nomenclature of the opposition, to wit: Loan Servicer Trustee Trust Certificates Certificate holders…

THE NEIL GARFIELD SHOW

1
Lying for Dollars: Apply Your Understanding of Securitization Claims to Win 30:00

לפני 4 years30:00

30:00

Your Honor, this is a standard foreclosure. That is the first lie told in court as lawyers, and companies claiming to be servicers, lenders, or trustees continue to play their game of lying for dollars. It's obvious I have not simplified the explanation enough because both lawyers and homeowners still mostly don't understand what I am talking about. That means they can't use it effectively, as I have, and that means the judge won't have any idea what you are talking about. You can prove that the documents used by your opposition can't be trusted. More importantly, you can prove that the lawyers opposing you cannot be trusted. And that means the opposition must prove their case by reference in well-founded relevant testimony from competent witnesses as to the actual transaction, proof of payment, etc. And they can't do that. That is how I win. And that is how homeowners across the country have won. And that is how all homeowners are faced with false claims of securitization or false claims of ownership where there is MERS or other signs of claimed securitization in the background. So let me take a stab at another type of explanation of what happened. I concede that it is difficult for anyone to comprehend including Wall Street investment bankers. This will be the show tonight --- my attempt at simplifying the explanation of why homeowners should win every time. This will be an oversimplification. It is an example of the progression of events that occur when a legitimate loan is claimed to be subject to what is called securitization. You must be tenacious, persistent and unrelenting to the point where you can clearly demonstrate that the opposition is not complying with either court rules or court orders. That is when you have them in your sights and can shoot down their claim.…

THE NEIL GARFIELD SHOW

1
Identify Large Monies to be Gained or Lost, See 'Lender's' Position Close Behind 31:00

לפני 4 years31:00

31:00

We break down on the Show today the latest from MERS. Now before the 9th Circuit Court of Appeals, to try and reverse a quiet title judgment taken in State Court against Central Pacific Mortgage (CPM), claiming since CPM, the original lender, past shortly after origination all beneficial interest in the note and mortgage (DOT--Cal is a deed of trust state) to MERS, the fact that MERS was not noticed in the lawsuit at the State level which went to judgment, same judgment is reversible, arguing that MERS was the only beneficial interest holder in the chain of title--not just an intermediary passing the beneficial interest to other successors-in-interest to the loan origination. Which is to say, where large pools of money are at stake, institutional players to a given mortgage loan's chain of title, will indeed engage in legal Jujutsu to get or prevent the loss of that money, contradiciting their typical arguments which were made in countless previous cases. Then Charles Marshall will address the latest Covid-19 legal impacts, covering the latest on both the national foreclosure moratorium and eviction front, as well as the latest in California's moratorium landscape.…

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