THE NEIL GARFIELD SHOW

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...

Tonight Neil Garfield will answer general questions about foreclosure.  This is not legal advice and Neil cannot provide legal advice.  Please keep questions simple and not state specific.  Please note that conversation does not form any type of attorney-client relationships through conversation and lawyers are prevented from giving specific legal advice. By posing questions you agree to our discl...

Connecticut Attorney Stephen Wright joins Neil Garfield to discuss the Florida Court of Appeals Christiana Trust opinion, fake documents and the likelihood that lack of standing will gain traction in other states. We discuss the unraveling of the WAMU/Chase relationship and why you may not want to refer to yourself as a Borrower unless you possess evidence that the parties on the Note had a legal...

Tonight Neil Garfield and southern California attorney Charles Marshall will 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 i...

Tonight Southern California Attorney Stephen F. Lopez discusses the recent Sciarratta decision.  Lopez is a 1986 graduate of California Western School of Law and practices law in San Diego, California. In May the California Court of Appeals for the 4th Appellate District issued an opinion that allows a homeowner to sue for wrongful foreclosure when the foreclosure is instituted by a non-party and...

Tonight, Southern California attorney Patricia Rodriguez joins Neil Garfield to discuss new California decisions in light of the Yvanova ruling, including Keshtgar, Mendoza, Boyce, Scirratta, and Geiseke Patricia will also discuss how you can help your attorney by organizing your information, and what is too much client involvement or not enough.   Patricia will address other attorney/client issue...

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...

“As it stands, the “creditor” consists of all investors in all trusts created by each investment bank. But nobody is acting as if that is true.” The California 9th Circuit Court of Appeals (Federal) has made it clear that it will routinely reverse any decision that involves the trial court accepting void assignments or in which the court rules that the borrower has no standing to raise the issue o...

Chain of Title by David Dayen.  How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud. Salon and recent recipient of the Ida and Studs Terkel Prize, Author David Dayen joins Neil Garfield tonight on the Neil Garfield Show.  David Dayen will share insights on his book Chain of Title that was released last week.  This will be one of Neil’s most interesting guests. The book, Ch...

Neil Garfield continues to advocate rescission, but in light of the state courts resistance to apply the procedure clearly set forth in TILA rescission- homeowners must plan accordingly when pursuing rescission litigation. It is true that there should not be any litigation where the rescission was sent, received and the “creditor” did nothing for more than 20 days and frequently more than 1 year a...

Tonight's guest will be Connecticut Attorney Steve Wright. We will be talking about the Buset decision, unclean hands, presumptions, and other developments in foreclosure defense and foreclosure offense. Stephen P. Wright  Wright Law Firm  324 Elm Street  Suite 103B  Monroe, CT 06468  203-261-3050 (O)  203-218-6395 (C)  spwrightlawfirm@gmail.com

Over the past 25 years Randy has devoted his life to disaster relief and humanitarian aid having been employed at the American Red Cross and in charge of Presbyterian Global Disaster Assistance.   Randy has been on the ground when Hurricanes like Andrew and Katrina struck, responded to tornados and floods, faced armed conflict in Kosovo, economic collapse in Bulgaria, the Indian Ocean tsunami in S...

Charles Marshall, Esq. attorney in Northern California joins us again as the featured attorney. Charles has been a long time supporter of the livinglies blog and has contributed to the analysis and strategies that are reported on the blog. He has exceptional critical thinking skills and the ability to understand the strategic winds that are blowing. Things are changing rapidly. We'll be talking ab...

Attorney Rodriguez has been battling for homeowners. She litigates to win. Join us as we discuss the ramifications of new case decisions and the landscape for foreclosure defense.   Rodriguez Law Group, Inc., (Formerly known as Law Offices of Patricia Rodriguez) 1961 West Huntington Drive | Suite 201  Alhambra, CA 91801  phone: (626) 888-5206 fax: (626) 282-0522

TILA Rescission is an event. It is not a theory, claim or defense. It is a nonjudicial procedural remedy. It is accomplished by mailing a letter. In most cases it is an event that has indisputably occurred. The effect of TILA Rescission is, as a matter of law and by operation of law, to cancel the loan contract, and to render the note and mortgage void. In its Motion to Dismiss, the pretender lend...

Tonight our guests include Charles Marshall, Dan Edstrom and Jim Macklin. We will take note of an increasing number of Judges who have gone far beyond skeptical over the claims of the banks and servicers, starting with the origination of the loan and ending with the lax compliance with civil procedure in a matter that is the civil equivalent of the death penalty. Loss of the house is seen as a dra...

Tonight we start the conversation on mediation, modification and settlements with the banks and servicers, keeping in mind that we are dealing with people who most likely have no financial interest in the performance of the loan and no authority to mediate, modify or settle despite all their assurances to the contrary.  And watch out for those hidden balloon payments that are 20, 30 or even 40 yea...

Tonight on the Neil Garfield Show, I am joined by attorney Charles Marshall (CA), Dan Edstrom, chief forensic analyst for livinglies, and Jim Macklin who has guest hosted our program and been creative voice in the fight against illegal behavior by the banks.   While we be covering a few issues, the main focus tonight is to discuss the impact of the Yvanova decision by the California Supreme Court....

If you feel this show has been helpful to you, we gladly accept donations.  Please donate through the link at: LivingLies. Thank you in advance. Attorney Stephen Wright will be discussing Rescission in terms of Bankruptcy, and touch on the Yvanova Decision in California.  In Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) the California Supreme Court...

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Discussion of proactive and reactive approaches to strategies after TILA rescission is sent and recorded. Tonight w etalk about all the different things that should be considered when pursuing a TILA rescission strategy. This might actually be the real magic bullet. So maybe youa re already in court andmaybe you're not. What are your options?

See www.livinglies.wordpress.com --- the largest site on the internet providing information and support to homeowners for more than 8 years. 4,500 articles, together with free forms and resources. I  will be discussing THE RULES OF THE ROAD FOR TILA RESCISSION AND WHAT HAPPENS AFTER A NOTICE OF RESCISSION IS MAILED. When that notice of rescission is mailed, THAT is when the rescission is effective...

If this episode was valuable to you, please support the Neil Garfield Show by visiting our blog at http://livinglies.wordpress.com.  The only jurisdiction the court had was based upon the allegations based upon the note and mortgage. The rescission removed the note and mortgage as valid instruments as of the date of mailing the rescission. Hence unless one or more of the parties allege that they a...

Steve Wright and Neil Garfield will be discussing and allowing time for questions in a 45 minute broadcast. The topics are Rescission, the time limits for sending, recording the rescission, the time limits and the rules restricting the right of so-called lenders or creditors from filing anything that challenges the effect of the rescission, Standing, Drilling down on Standing and driving down beyo...

Every year we get closer to turning the corner and having most decisions favor borrowers. Right now we must accept that we are getting more borrower decisions but we are not yet at MOST. Tonight we have Jill Smith, Esquire returning to our show. Jill Smith is a lawyer with wide-ranging interests and experience and is now one of the foremost lawyers representing homeowners in mortgage disputes. She...