THE NEIL GARFIELD SHOW

On the Neil Garfield Show today host Charles Marshall will break down the latest trends and developments in the Covid-19 landscape, addressing the following legal areas in order to apprise borrowers what they can do to slow or possibly even derail the coming foreclosure train. With unemployment numbers continuing in most parts of the country to be at numbers not seen since the Great Depression, mo...

Reverse mortgages are akin to the Centuries Old principle of a Life Estate or an annuity. A life estate is where typically relatives who live together would pass title to a home, during the life of often an elderly person who owned the home in fee simple, who would then live out his or her life in the home, as if still owning the home. While technically a tenant, the person in a Life Estate would...

My opinion, backed by 14 years of research and securities analysis which I am qualified to perform, is that you probably have what I call an orphan debt. Based upon filings with the SEC and other documents I have reviewed I am quite certain of this. This is the result of an intentional avoidance of lender liability for violations of federal and state laws.  You can use this knowledge to your advan...

Bill Paatalo in a recent Blog Post (May 14), laid out the position that the FDIC's own promulgated Rules and Regulations demonstrate that the WAMU to Chase purported transfers of securitized trust mortgage loans never legally properly happened due to the criteria laid out in same Rules and Regulations. Bill will cover the factors at play here, including showing how WAMU's loan were 'legally isolat...

I have been right on every point since 2006. I correctly predicted the collapse and even the order of collapse of certain investment banks, the foreclosure tidal wave of 2008-11, the ways to beat foreclosures, I won foreclosure cases both as lead attorney and as consultant to other attorneys, and now I’m predicting a new tidal  wave of foreclosures. Wall Street loves foreclosures but nobody else d...

Qui Tam Actions generally are lawsuits in which an individual sues on behalf of a governmental entitiy, typically the Federal Government, with the goal of remedying a defrauding of the government by a private organization or individual. These actions typically take the form of a whistleblower exposing the defrauding actions of his or her employer. Qui tam actions in the US are often brought under...

Tonight we pick up where the blog left off. The important but as yet unpublished opinion and decision in California Appellate court in which an appellate court stated clearly and unequivocally stated that allegations do state a cause of action if the homeowner contends that Chase did not buy loans in the Purchase and Assumption Agreement on September 25, 2008 between Chase, FDIC and the US Trustee...

Instead of taking the opportunity to review complaints about the process of foreclosure and eviction, the Governor of Florida is issuing an order that all but assures that the foreclosures will continue to be regarded as valid — i.e., based on true facts about the status of the claimed debt, the ownership of the debt, and the authority to collect, administer and enforce the debt. The elephant in t...

Instead of taking the opportunity to review complaints about the process of foreclosure and eviction, the Governor of Florida is issuing an order that all but assures that the foreclosures will continue to be regarded as valid — i.e., based on true facts about the status of the claimed debt, the ownership of the debt, and the authority to collect, administer and enforce the debt. The elephant in t...

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Bill Paatalo harkens back to an article he wrote and posted on his Blog back in 2016 re the supposedly legitimate transfer of WAMU securitized mortgage loans through their 2008 bankruptcy case, faclitiated by the FDIC, to Chase. Bill has used his keen analytical skills to demonstrate that the transfer was the sham we have been calling out, and collaterally trying to prove in various court cases, n...

You still owe the money. But only if you continue to believe it is a loan. I have my doubts. As soon as the moratorium period is over, there are going to be hundreds of thousands of foreclosures initiated and many car repossessions because an extra 30 million Americans are out of work, many are not receiving unemployment benefits and many who are getting unemployment benefits are threatened with a...

We will discuss on Today's Show how the recently enacted federal CARES ACT, otherwise known as the Coronavirus Relief Bill, has unsurprisingly been commandeered by Big Bank lobbyists to direct monies to mortgage servicers servicing securitized loans backed by Fannie Mae and Freddie Mac. Under the arrangement, servicers are directed to pay investors to the trusts for 4 months, then Fannie and Fredd...

For 20 years homeowners have been losing their homes based upon the deep seated belief that despite all the fraud, fabrications and even perjury, somehow the foreclosures are giving money back to people who paid for transactions that were loans. But for the banks, this has strictly been an exercise in profit making from the issuance and trading of securities based upon data descriptions and not, a...

Bill Paatalo will discuss on the Show today how he is taking the fight to the Defendants in his Oregon case, previously discussed on the Show, which Defendants are now seeking massive attorney's fees, over six-figures. The same Defendants who managed to secure a judgment based on lack of subject matter jurisdiction, are claiming now this same Court has jurisdiction to bring an attorney's fee motio...

Government and business and banks are announcing various efforts to stave off a total economic  collapse. Moratoriums and have been announced.  Forbearance programs have been announced with little details as to how these programs will impact the average homeowner or renter. Publix just announced that it won’t charge rent to tenants in shopping centers it owns.    But as usual the devil is in the d...

COVID-19 topics discussed on the Show today are as follows: - How states are issuing both in judicial and non-judicial foreclosure states foreclosure and eviction moratoriums of various kinds; - How borrowers can potentially bring in California declaratory or injuctive relief lawsuits if any notice of default (NOD) is filed against them at this time, on the basis that such an NOD per se violates G...

We are at the beginning of an epidemic. As usual information has been scarce and only highly placed government officials and scientists are in possession of the real data, and analysis and projections. What we do know is that more and more local governments and businesses are leading the way to contain the spread of the Corona virus. Among those steps have been enforced  social distancing, closing...

Bill Paatalo discusses on the Show today a case out of the judicial foreclosure state of Kentucky, in which the Defendant has countersued the foreclosing 'Trust'--Chrisitiana Trust, A Division of Wilingmington Savings Fund Society, FSB. See Bill Paatalo's Blog post from March 5, 2020, and Neil's Blog for further case details, etc. The attorney retained by the Servicer, Select Portfolio Servicing,...

Syllabus for Webinars Covered in Brief   What Trust? An overview of securitization TILA Rescission Why Lawyers Should Get Involved You signed, didn’t you? Legal Presumptions Absence of evidence: Discovery strategies and tactics Objection! Lack of  foundation! Rules of evidence and objections Illegal (wrongful) Auction Sale: Proactive litigation You want me to leave? Defending Eviction and Unlawful...

David Luban of Georgetown University Law Center wrote an interesting article re the structure of Contrived Ignorance — involving complex business arrangements of all sorts — where in step one the party acting shields itself from unwanted knowledge, then in step two, performs actions which but for the lack of that knowledge, would be engaged in conduct subject to being interpreted as illegal, and o...

Tonight I am commenting directly on about one dozen submissions to me, mostly from pro se litigants who have submitted affidavits, declarations and exhibits only to have the judge completely disregard them as either not evidence or evidence having no weight.  An affidavit is not evidence. Neither is a declaration. If you say that the trust doesn't exist, that is not evidence either --- because the...

On today's Show Charles Marshall will break down and break out analysis on the following topiics: Using unlawful detainer (UD) legal procedure to increase your leverage as a UD defendant through the filing where appropriate of - motions to quash; - demurrers (motions to dismiss); - Federal Removals; - bankruptcies. Then Attorney Marshall will cover the issues that typically arise in setting up TRO...

The definition of insanity is doing the same thing over and over again and expecting a different result, Change your strategy, Change your tactics. Change your presentation and be mindful of the facial expressions and concerns expressed by a judge. That is what good trial lawyers do and it is what any pro se litigant must do if they are going to win. 

- CSA's, a type of security agreement typically central to the securitized loans of the mortgage meltdown era, are vulerable to being exposed as not capable of conveying title to the institutional 'holder of the debt' behind so many securitized loans. Bill will break this down and out on the Show today, using his own case as a reference point. - Then we cover RICO principles and how arguments of c...