THE NEIL GARFIELD SHOW

Tonight we are covering the topic of whether we can interpret, argue or philosophize about TILA rescission. The answer is yes, provided it is outside the courtroom. We will also be covering recordation of the notice of rescission under state law. And the main point of argument about the TILA rescission provision that says that the right to rescind expires after three years from the date of consumm...

Bill Paatalo's case was highlighted a few days back where the standard bank attacks were rebuffed in Court. He is a very able private investigator who has educated himself thoroughly in the mess we call the "mortgage crisis." see opinion for Paatalo MTD DENIED Tune in and you'll get some insights that may be very helpful to litigating, modifying and rescinding the alleged "mortgage loans." Bill Pa...

Tonight, Connecticut attorney Stephen Wright discusses the specifics of Ct Foreclosure Law in layman's terms.  There is very little education for the Conneticut consumer to go to and learn about the foreclosure process in this state.  Probably because this is a banker's paridise.   The topics would include: 1) Mandatory pre-conditions to commencement of a foreclosure action 2)The foreclosure compl...

With recent decisions confirming the Jesinoski Supreme Court decision, and confirming that Wrongful Foreclosure actions are producing big verdicts, the largest recent one being over $5 million. This is an opportunity for lawyers to make a lot of money in fees.

Attorney Charles Marshall, Jim Macklin, and Dan Edstrom sit in for Neil Garfield to discuss the very latest in litigation strategies relating to rescission, enforcement of rescission and dealing with motions from the banks. As the banks try to rewrite the law indirectly, they are coming up against a brick wall: judges are reserving ruling, signaling their dislike for rescission but their acknowled...

Tonight we have Attorney Stephen P Wright from Connecticut with us because he and I have been having some conversations about the real issues that the banks keep sweeping under the rug. He has a very impressive resume.  Stephen went to Trumball High School, Florida State University and Western New England College of Law where he graduated in 1980. So we are not talking about a new comer in the pra...

Dan Edstrom, Jim Macklin and Attorney Charles Marshall rejoin me on the show tonight to talk about one particular subject — explaining why “servicers” undermine the modification process and wherever possible fight against receiving money from the alleged borrower. As one Judge in Broward County, Florida recently mused out loud in the courtroom — “It used to be that banks wanted the money. Now they...

Patricia Rodriguez returns tonight to talk about her Seminar on October 31, 2015.. Patricia is a good lawyer and particularly good at organizing cases. She will be talking about Foreclosure Defense, Rescission, Intakes of Clients, and of course the latest in what is happening on the ground in Southern California. One of her strong points is organization --- something that most lawyers are not so g...

Charles Marshall returns tonight to delve deeper into the non-judicial cancellation of loans (TILA Rescission). We are getting reports of seminars across the country devoting a large part of their presentation to rescission. The Banks know they are in trouble --- rescission levels the playing field and will force the disclosure of the identity of the true creditors. The answer is likely to be they...

Dan Edstrom, senior forensic analyst and Attorney Charles Marshall join us again, continuing the discussion last week and promotingtheir seminar on October 17, 2015. The REAL problem is that there are no monetary transactions backing up the paper that the servicers, banks, trustees are using. And that means that there is no party who satisifes the statutory requirements for being a beneficiary und...

Despite media articles to the contrary the number of foreclosures is still sky rocketing in many parts of the country. And nobody wants to talk about the truth behind this deadly virus. It is all based upon a cover-up. The money deals were made in one room while the paper deals were fabricated in another room. Edstrom, Macklin and Marshall have been pursuing the real facts against enormous resista...

Jill J. Smith established her law practice in Albuquerque, New Mexico.  For eighteen years she has represented a wide variety of clients in employment law, land use, environmental, public lands and water law, Indian law, tax-exempt organizations, and election and campaign finance law.  Jill served as the Executive Director of New Mexico Conservation Voters Alliance, New Mexico Conservation Educati...

Donna Huffman was in business originating mortgages and brokering mortgages. She really knows what went on and she is available as an expert witness who can describe the meaning of many actions that leave most people scratching their heads. Now Huffman is fighting the banks in the very red state of Kansas and she is taking no prisoners --- going after the law firms for the banks, the banks and the...

LA Lawyer Patricia Rodriguez (TILA Rescission is boiling over the top. And there are differences between non-judicial states and judicial states. The main problem though is that desperate homeowners are hearing something different than the real message: rescission is as close to a magic bullet as we have seen but it is still susceptible to multiple issues in litigation. Rescission is certainly eff...

Everyone has the same question in the back of their minds. The loans should be worked out rather than foreclosed. That is what is done with commercial loans, that is what was done in residential loans and it is still done with credit cards and other consumer loans. So why are we having problems with workouts and modifications? The answer is simple: we are not dealing with the creditor. We are deal...

With the two back to back decisions in the Florida 2d DCA and 4th DCA, Standing has made its long waited comeback. The question is not whether the borrower stopped making payments as the thousands of Judges have put it. The real question is whether the creditor got paid. Banks have successfully obscured the issue and obtained nearly 8 million foreclosures. What difference does it make if the borro...

My good friends on the West Coast are taking time out from their busy schedules to present a 6 hour seminar on the new issues in foreclosure defense, rescission under TILA and other plans they have to attack the foreclosure problems of borrowers who are being forced to shoulder the cost of economic recovery.

The parties were invited to attend a meeting at which the borrowers signed the papers. The originator is usually not in attendance. The closing agent, usually a title agent, takes the signed documents into escrow. At some later time the alleged loan is "funded" by a wire transfer from an unknown source. The borrower believes that the originator is loaning him the money. In truth it was a "table-fu...

Lawyers and pro se litigants, particularly in foreclosures, are failing to realize the value of the PROCEDURES in TILA Rescission. They are a game changer --- shifting the burden from the the borrower to the lender (where it ought to be).

The scheme created on Wall Street is starting to unravel. They are fast losing ground --- and the new question is what difference does it make if you say that the borrower stopped paying when you have no right to collect or enforce the loan? And where is the creditor who CAN enforce the debt? The banks and servicers' answers were accepted as gospel until the last year when things started to turn....

RESCISSION: I have received hundreds of requests and questions. It boils down to one thing — the rescission IS EFFECTIVE the moment it is dropped in the mail. People, lawyers and even Judges seem not to understand what that means despite a very terse snip from Justice Scalia speaking for an unusually unanimous Supreme Court in Jesinowksi. What it means is that the deal is done, canceled, rescinded...

Guest Rod Ciferri

Free information, interviews, with national experts and attorneys relating to foreclosure defense, forensic reviews, securitization of debt and related consumer topics hosted by Neil F Garfield, attorney, expert witness and former investment banker. Neil is the editor and chief reporter for the largest internet site providing free information and forms for lawyers, litigants and government officia...

Free information, interviews, with national experts and attorneys relating to foreclosure defense, forensic reviews, securitization of debt and related consumer topics hosted by Neil F Garfield, attorney, expert witness and former investment banker. Neil is the editor and chief reporter for the largest internet site providing free information and forms for lawyers, litigants and government officia...

Free information, interviews, with national experts and attorneys relating to foreclosure defense, forensic reviews, securitization of debt and related consumer topics hosted by Neil F Garfield, attorney, expert witness and former investment banker. Neil is the editor and chief reporter for the largest internet site providing free information and forms for lawyers, litigants and government officia...