THE NEIL GARFIELD SHOW

In this episode Los Angeles Attorney Patricia Rodriguez joins Neil Garfield.  Topics will include best litigation practices, the pros and cons of Short Sales, Short Pays, Cash Walk-Away Settlements, and Modifications in light of the repeal of HAMP modifications. The importance of Client Expectations, and how clients can both help and hurt their case will also be covered.  For more information abou...

During this episode Neil Garfield and California Attorney Charles Marshall take your questions. This is a relatively short Q&A program lasting only 45 minutes. It is not an interview. Long narratives preceding the question only takes time away from others that have questions. Your questions should take the form of the following SHORT examples: I just received a notice of default. What are my o...

In this episode, California attorney Charles Marshall and Neil Garfield will take questions from listeners. Please keep your questions short and concise so that other callers will have an opportunity to ask questions. No legal information will be provided and discussion is for educational purposes only. Thursdays LIVE at 6pm Eastern! Click in to the The Neil Garfield Show Or call in at (347) 850-1...

Investigator Bill Paatalo and California attorney Charles Marshall believe that mortgage insurance is yet another example of contrived complexity by lenders/'trusts'/purported trustee's and 'beneficiaries' in mortgage transactions, particularly when recording documents pursuant to taking properties to sale, or when subverting the credit bidding rules at sale. Paatalo stumbled upon an insurance pol...

In this episode of the Neil Garfield Foreclosure Show, California Attorney Patricia Rodriguez joins Neil Garfield. Patricia will discuss: The Importance of  being realistic The Bank's realm of power, control, and influence  Yvanova extension to pre-foreclosure cases Void v. Voidable  HAMP expirations Services offered at the Rodriguez Law Firm To contact Patricia Rodriguez: Call: 626-888-5206 for a...

Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays NEW MAIN NUMBER: 202-838-NEIL (6345). Do you have a question regarding wrongful foreclosure?  Tonight  Neil Garfield and California Attorney Charles Marshall will answer questions from Livinglies readers. Please keep your questions short and concise so other listeners have an opportunity to p...

New evidence demonstrates that US Bank is not a trustee even though it is named as Trustee in some trusts and otherwise “acquired the trust business” from Bank of America and others. Livinglies founder Neil Garfield, California Attorney Charles Marshall, and Investigator Bill Paatalo discuss the US Bank as Trustee scam: A Trustee without powers or duties is no trustee. Disclaimer of fiduciary duti...

Investigator Bill Paatalo who investigates foreclosure fraud nationwide joins Neil Garfield to discuss a recent California trial he testified in.  This case was not a foreclosure issue, and the homeowners sought a straight declaratory action seeking to expunge and declare as VOID an assignment by the notorious "Linda Green" from DocX. The opposition spent two days putting on a dog and pony show ab...

On this episode of the Neil Garfield Radio Show, California Attorney Charles Marshall will discuss table-funded lending--California rules thereto--and how to beat back a motion for judgment on the pleadings.  In a recent California case the ruling was very much contradictory to many of the pro-servicer opinions which have come out of the post-Yvanova decision. The recent Jacobsen v. Bayview Montan...

Los Angeles Attorney Patricia Rodriguez returns again to discuss CA SB 900 (known as California's Homeowner Bill of Rights), current law, pre litigation planning, wrongful foreclosure, rescission, and nonjudicial resolutions like short sales, short pays, large cash for keys settlements, loan modifications, and obtaining additional time/money in the property.  Click here for more information: CA SB...

In this episode Los Angeles based attorney Patricia Rodriguez joins Neil Garfield to discuss Pre-Litigation concerns for homeowners facing foreclosure. Pre-litigation and litigation concerns include: 1.) Wrongful foreclosure  2.) California's  Homeowner Bill of Rights (SB 900)    3.) Rescission  Possible resolutions may include short sales, short pays, large cash for keys settlements, loan modific...

California Attorney Charles Marshall joins host Neil Garfield. Fraud investigator Bill Paatalo of BP Investigative Agency recently obtained confirmation from a large bank vendor (Visionet Systems, Inc.) that it rectifies “lost notes” by reapplying the “signature images” upon stored copies. The production of "original" notes that were previously destroyed is an illegal practice by banks that violat...

In Non-Judicial foreclosure states could Homeowners sue the Certificate Holders of a specific Trust? The answer to this circular question is very convoluted. The short answer is that the investors sue the underwriter and the seller and nobody has ever sued the investors. The answer would depend on the following issues : The investors are the real parties in interest. The money never went into any...

Mortgage Fraud Investigator Bill Paatalo and Southern California Attorney Charles Marshall join Attorney Neil Garfield to discuss Loan Modification Fraud, and recent foreclosure trends. Bill Paatalo has discovered recently that WaMu loans claimed to be owned by JPMorgan Chase, through the “Purchase & Assumption Agreement” with the FDIC, were in fact sold by WaMu to “Private Investor – AO1” pri...

In this broadcast Mortgage Fraud Investigator Bill Paatalo and Southern California Attorney Charles Marshall join Attorney Neil Garfield to discuss Loan Modification Fraud. Loan Modification Fraud by Loan Servicers is on the rise.  Unsuspecting homeowners are not aware that servicers are modifying their loans without their consent. When a loan is modified it is a revision to the contractual paymen...

This episode is a continuation of last week's discussion.  California attorney Charles Marshall will join Neil Garfield to discuss the strategic planning of a lawsuit campaign (both are mostly similar whether on the Plaintiff or Defendant side) with strategic litigation planning, to encompass following elements: - pre-foreclosure negotiation and settlement demands;  - filing of lawsuit; - demurrer...

This episode discusses strategic planning of a lawsuit campaign, which is somewhat similar whether on the Plaintiff or Defendant side with strategic litigation planning, to encompass following elements:   - pre-foreclosure negotiation and settlement demands;  - filing of lawsuit; - demurrers/mtd; - discovery; - motions for summary judgment; - pre-trial prep and motions; - trial; - appeals; - post...

Neil Garfield and southern California attorney Charles Marshall discuss the recent Massachussetts case US Bank v. Bolling.  For years legal presumptions attached to "facially valid" documents and the banks and servicers were able to argue through their sham surrogates ("successors") that any inquiry beyond the paper trail was irrelevant because the the issue had already been decided in the early m...

This evening North Carolina attorney Jim Surane will join Neil Garfield to discuss the first steps that should be taken in a Foreclosure defense case. Surane states that, "A thorough title search of the property being subject to foreclosure is an absolute necessity.  This includes researching back to the plat in the case of a home in a subdivision, and back 30 years in a case in which the property...

At a time when approximately two percent of legal disputes are ended by a trial, the walk-up to trial itself is often a game of negotiation and posturing. The strategy is to stick with an improbable "we'll see you in court" message for as long as possible in order to bring the other side around to your settlement demand.  However, this is often a mistake and creates resistance and a stale-mate. A...

Connecticut attorney Stephen Wright and Investigator Bill Paatalo join Neil Garfield to discuss JPMorgan Chase issues. The WaMu/FDIC/Chase pattern where JPMorgan Chase claims sole ownership of specific Washington Mutual Bank loans by virtue of the “Purchase & Assumption Agreement” (PAA) with the FDIC, has now demonstated that no schedule or inventory of assets listing any specific WMB mortgage...

Tonight we will discuss a case that is so new the final judgment has not yet been entered. But it was announced by the judge in approximately 30 minutes of dictation on record where the Judge, after 2 hours of deliberations, read every word of every document and concluded there was no connection between the loan and the trust, at least at the time suit was filed, and gave findings that would cast...

Cases based on unconscionability in adhesion contracts are not new, but are being raised more frequently to combat the bank’s tactics to engineer loan defaults. Loan modifications are also adhesion contracts and may be filed where the terms or actions of the bank are unconscionable and result in default (dual-tracking, large balloon payments at loan’s end, etc). A contract can’t be enforced if it...

In this episode of the Neil Garfield Radio Show, we revisit the California Sciarratta decision.  Sciaratta was originally viewed as a post-auction ruling, but according to attorney Charles Marshall, Sciaratta should also be viewed as a pre-auction ruling. The bottom line that case is Sciaratta is still a strong case in California.    While the subject property went to sale one day after the filing...

Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays NEW MAIN NUMBER: 202-838-NEIL (6345). Get a Consult! Or contact us at info@lendinglies.com. Tonight Neil Garfield will answer general questions about foreclosure.  This is not legal advice and is for information purposes only.  Please keep questions simple and not state specific.  Please note...