THE NEIL GARFIELD SHOW

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 viol...

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 cre...

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...

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 suff...

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. A...

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 co...

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 th...

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...

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...

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 cra...

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 c...

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...

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 explai...

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 cu...

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 thes...

Nearly all consumers think they're litigating or dealing with banks when in fact they're not. Tonight we look at basic elements of winning based upon 16 years of experience, research, and data collection. Here are some of the highlights: Consumers who hurl accusations at the banks are sealing their own doom. The basics of every successful defense can be summed up into two words: DENY and TESTMost...

Bill Paatalo joins Host Charles Marshall on the Neil Garfield Show today to break down with Charles a recent case handled by Bill on the invesitgation end, in which Bill was able expose a major deficiency in the servicer/lender's case.  Additionally, Charles will address the latest on the Covid front, including updates on how foreclosures and unlawful detainers are heating up in California and els...

In the last show, we talked generally about how the promissory note morphs from a promise to pay a debt into a security that is simply an agreement between someone who does not own the debt and someone who will get paid because of a securities scheme.   As James tells it the note is transformed into a security that is essentially irrelevant in any current foreclosure case because that certificate...

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...

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 foreclosur...

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 pr...

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 thei...

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....

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...

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 pr...