THE NEIL GARFIELD SHOW

Very promising development out of New York State. A principal issue in the case was whether the foreclosing party (mortgagee, the typical designate in a judicial foreclosure state) possessed the subject note before commencing the foreclosure process, and whether it had complied with serving statutorily required notices prior to initiating the foreclosure process. The lower court allowed Deutsche B...

Most people are thinking theater. Perry Mason. Some point in litigation where someone admits to being a lying thieving murderous scoundrel. That doesn't happen in real courtrooms for the most part and it certainly does not happen in foreclosure cases. Homeowners are looking for both redemption and vindication, neither of which is the business of the court system nor should it be. Homeowners should...

The latest trends of 2021 will be addressed today, with a focus on non-judicial foreclosure states and actions, in the following legal areas: - civil litigation state, - litigation Fed, - appellate practice both state and Fed, - unlawful detainer practice, aka post-foreclosure eviction lawsuits, - bankruptcy practice. All to be examined through the lens of Covid impacts both State and Federal, inc...

I often have exchanges with frustrated homeowners that end up like this one received recently: “That leaves everyone doing nothing and allowing the banks to prevail. Your posts are very inspiring ( like a carrot) but then very discouraging ( your answer) when there’s no one willing to help the cause. We’re supposed to have real answers/ solutions to help people, not just information. “ She’s right...

Bill Paatalo dissects an assignment of mortgage loan interest to a 'WAMU trust', a possible legal nullity after the 2008 WAMU BK liquidating WAMU's legal interest in their mortgage loan portfolio. Then Bill further dissects a double reconveyance situation, which again involves WAMU and US Bank. Charles Marshall will weigh in on these issues as well, in addition to providing the latest news on the...

If you learn anything it should be this: cases are not won or lost based upon the merits of each side. They are won and lost based upon perception and procedure.  Everyone already knows what I have been teaching for decades, Winning cases is about working the system not about being right. That is exactly why hardly anyone trusts the system or lawyers or judges for that matter. But other than a few...

Bill Paatalo will join host Charles Marshall to discuss how lenders behind securitized trusts such as US Bank, has no contact with the so-called certificateholders who would presumably possess bona fides to confirm the status pariculars of the mortgage debt. Moroever, certificateholders cannot even be identified typically, nor can accounting of payments to certificateholders be verified. First tho...

Foreclosure process is no different than any other. The courts are required to accept all allegations as true. The homeowner must say that the allegations are not true and then the homeowner has two choices. The homeowner can seek to either disprove the allegations with evidence that shows that the the allegations could not possibly be true. The other path, which is far from well traveled but whic...

Bill Paatalo joins Host Charles Marshall to discuss an established pattern he has uncovered in Chase litigation of all sorts. Just as Lenin in Soviet Russia days decided political questions based on who the players to benefit were from a given action, whom the victims would be from same action, Chase variously changes their claims of 'owning' the debt in securitized mortgages stemming from the WAM...

There is a logic to the laws governing litigation and trial procedure, which is often based on fact. But those who really know how to apply those protocols also understand how they can be twisted away from the facts. And that is the problem for the homeowner. Ignorance of these protocols is no excuse, and those protocols can kill your chances of winning in court. If the initial cut by the surgeon...

The National Foreclosure Moratorium and associated forbearance enrollment applying to various Government-back loans (Fannie Mae, Freddie Mac, HUD/FHA, VA, USDA), is set to expire June 30, 2021. As of this date, a possible extension to let's say September 30 does not appear to be on the horizon, though it may still happen. The national eviction moratorium thru the Centers for Disease Control (CDC)...

It all comes down to one thing. This "Thing" is never stated but always there. Focus on this thing and you will enhance your chances of victory against companies claiming to be servicers. They're the ones who hire the lawyers, although the lawyers file pleadings and notices as if they represent banks with whom they have no relationship. Pretender servicers are more dangerous than pretender lenders...

Bill will discuss on the Show today how hedge funds are creating close to auction time last-minute bogus assignments which allow them to submit false credit bids, taking back the properties into "REO" status. Then, they sell same properties to third-parties for profit, to bypass paying back debt. This allows them to get first dibs on imminent foreclosure properties, gaming the auction system. Char...

The main problem for homeowners who end up in mediation or settlement discussions is that they are perceiving their transaction as a loan, while the other side is perceiving the transaction as part of a securitization scheme.  The mistake made by both homeowners and lawyers who are not knowledgeable about securitization is that they undervalue the potential settlement because their reference point...

The contrived complexity of the securitized home "mortgage" industry is confounding lawyers, judges, homeowners, regulators and legislators. But it is no more contrived to great complexity than the use by Wall Street banks who were the largest securitizers, of what amounts to accounting tricks accomplished through intermediaries like Black Knight and Core Logic. ON the Chase side there was IBM Len...

For the past 15 years, I have been hearing complaints about law enforcement and regulators who got it all wrong about securitization. The sad fact is that they didn't get it wrong. They knew what was happening, they initially sought enforcement and then backed off. But they did file actions in court at were the culmination of months, even years of investigation that no homeowner could have finance...

Most people give no thought to the elaborate scheme in which documents are created exclusively for use in civil court actions. The fact that such a statement is true is reason enough to exclude such evidence, but the failure of almost every homeowner and lawyer to timely and properly object is the reason it comes into evidence anyway.  No document prepared solely for court can be admitted into evi...

Somewhere between questioning everything and questioning nothing lies the law. The law consists of duties, rights, and obligations of everyone plus a process of determining if there was a breach, whether it mattered and what to do about it. Successful foreclosure defense is entirely about establishing a breach by the foreclosure mill. The best way to do that is usually through demanding discovery...

Your Honor, this is a standard foreclosure. That is the first lie told in court as lawyers, and companies claiming to be servicers, lenders, or trustees continue to play their game of lying for dollars. It's obvious I have not simplified the explanation enough because both lawyers and homeowners still mostly don't understand what I am talking about. That means they can't use it effectively, as I h...

We break down on the Show today the latest from MERS. Now before the 9th Circuit Court of Appeals, to try and reverse a quiet title judgment taken in State Court against Central Pacific Mortgage (CPM), claiming since CPM, the original lender, past shortly after origination all beneficial interest in the note and mortgage (DOT--Cal is a deed of trust state) to MERS, the fact that MERS was not notic...

You have often asked "how do I prove that?" And my answer is always the same. You don't prove anything because you don't need to prove anything. Stop thinking of yourself as making a claim against anyone. And start thinking about it the way it is. Someone is making claim against you. They don't have a case. If you want to say you are proving something, then say you are proving that they don't have...

On The Show today Host Charles Marshall will devle into the latest trends in the Covid-19 era, parsing out how Covid policy at all levels is still having a major impact on - foreclosure lawsuits, both non-judicial from the homeowners side, and judicial lawsuits against homeowners; - BK practice and procedure, especially when involving hi value properties; - UD procedure, with a convergence of tren...

It is now virtually impossible to find a lawyer who will accept an engagement to defend a foreclosure regardless of the financial ability of the prospective client to pay fees. The unconstitutional chilling effect on lawyers and homeowners is obvious. Lawyers and homeowners have been chased away from defending foreclosure claims that are unfounded, illegal and fraudulent.    And the reason is simp...

Today on the Neil Garfield Show Charles Marshall addresses some recent developments in loan workout and securitization practice, with a reference also to Neil's Blog post of March 3 in which he breaks down how in a recent deposition the Bank's Zombie Mortgage was exposed as a fraud. Also discussing latest Covid-19 updates and how those relate to the continuing press on foreclosures and evictions.

There is a huge difference between knowing something and doing something. Everyone knows or at least suspects that the current wave of foreclosures since the year 2000 has been some sort of scam. Only experienced trial lawyers have been successful, most of the time, in turning back efforts to foreclose. Even some pro se homeowners have been successful. But most homeowners either do nothing and def...