How WAMU gamed BK Receivership in 2008; Contrived Complexity Revisited by Neil

THE NEIL GARFIELD SHOW

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We Have The Receipts

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Battle Camp: Final 5 Episodes with Dana Moon + Interview with the Winner! 1:03:29

לפני 1 day1:03:29

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Finally, we find out who is unbeatable, unhateable, and unbreakable in the final five episodes of Battle Camp Season One. Host Chris Burns is joined by the multi-talented comedian Dana Moon to relive the cockroach mac & cheese, Trey’s drag debut, and the final wheel spin. The Season One Winner joins Chris to debrief on strategy and dish on game play. Leave us a voice message at www.speakpipe.com/WeHaveTheReceipts Text us at (929) 487-3621 DM Chris @FatCarrieBradshaw on Instagram Follow We Have The Receipts wherever you listen, so you never miss an episode. Listen to more from Netflix Podcasts.…

לפני 4 שנים 31:00

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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.

345 פרקים

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

How WAMU gamed BK Receivership in 2008; Contrived Complexity Revisited by Neil

THE NEIL GARFIELD SHOW

published לפני 4 שנים

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345 פרקים

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

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THE NEIL GARFIELD SHOW

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

לפני 2 years37:00

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…

THE NEIL GARFIELD SHOW

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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.…

THE NEIL GARFIELD SHOW

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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.…

THE NEIL GARFIELD SHOW

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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.…

THE NEIL GARFIELD SHOW

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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."…

THE NEIL GARFIELD SHOW

1
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.…

THE NEIL GARFIELD SHOW

1
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.…

THE NEIL GARFIELD SHOW

1
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.…

THE NEIL GARFIELD SHOW

1
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.…

THE NEIL GARFIELD SHOW

1
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…

THE NEIL GARFIELD SHOW

1
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.…

THE NEIL GARFIELD SHOW

1
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.…

THE NEIL GARFIELD SHOW

1
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.…

THE NEIL GARFIELD SHOW

1
How I came to Know About Securitization Up Close 31:00

לפני 3 years31:00

31:00

It was pure serendipity. There are three areas of expertise required to understand the current developments in the lending marketplace: Investment banking and the sale of securities Accounting and auditing Trial Law That has been my life since 1964 when I was just graduating high school. As I moved through careers, I was creating the perfect resume to understand the events that gave rise to the current infrastructure we call securitization. I have found that by recounting the short story of my life in that context, people better understand how and why we are in the third decade of the largest economic crime in human history and why nobody in power wants to do anything about it. When I first encountered the new reality in 2004, I instantly recognized that the banks were at it again. They were pressuring the marketplace into a bubble that would burst, and they would make money during the pressure and when the market would burst. They were always betting against the market they created. And my run-ins with banks, starting around 1980 was equally serendipitous dependent wholly upon clients coming to me seeking to obtain results. It was in 1983 that the great PR and advertising plan was launched --- pretty much within the timeline of Purdue Pharma's promotion of pain, break-through pain, and OxyContin. It's all about a national narrative, labels, and addiction to money. So tonight I answer the essential question of how and why the current infrastructure came into being. I will take you back to the paper crisis of the 1960s and my role in that, the ascent of the use of “street name,” the creation of a fake regulatory entity for handling certificates, the onset of junk bonds, the Goldman Sachs laddering plan and how that scheme gave rise to the current structures that are used to eliminate and then create the illusion of a loan account.…

THE NEIL GARFIELD SHOW

1
Tracks in the Sand...How to Exploit the Compliance Docs Lenders Send Out 30:00

לפני 4 years30:00

30:00

Now that the various foreclosure and eviction moratoriums have either ended, or are on life support, it is more important than ever for homeowners in or near foreclosure, to exploit the papertrail created by servicers and purported mortgage note holders to carve out the details of what is in, and not in, these debt representation letters. As has been the case for years, formally challenging these letters, such as through qualified written requests and/or debt verification letters, is a sound way to get going documentation to show both the absence of the right to foreclose, or more damning evidence that chain-of-title and related issues outright prevent the legal ability to foreclose. The Covid era actions impacting foreclosures continue apace as well, and Charles will break down the latest in that arena.…

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