THE NEIL GARFIELD SHOW

In some cases you must hammer home the fact that the lawyers for the foreclosure mill have not presented a legal person who is submitted to the  jurisdiction of the court. The court can’t rule for or against a lawyer who has no client. But if you don't stop the judge he or she will do it anyway. This is not the court of Chancery in Bleak House by Dickens where lawyers get to argue motions when nob...

On today's Show Charles Marshall will break out and break down an analysis of anticipated trends for 2020 in the following foreclosure-impacted llitigation-related areas: - Unlimited lawsuit litigation, with an emphasis on Plaintiff-borrower litigation in non-judicial foreclosure states like California; - Appellate litigation in the foreclosure area, with a focus on the 9th Circuit and non-judicia...

Picking the labels apart  PLAINTIFF THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays How do you lose a case to a claimant with no claim? It’s simple. Let them...

You are asking the wrong question but you have the right idea. There are plenty of cases nationwide saying that enforcement of a mortgage without owning the debt is not allowed. But that isn't enough. The burden is on you to rebut the legal presumption that the claimant has paid for and does own the debt. That presumption arises from the presentation of copies of what appear to be facially valid d...

On the Show Bill will break down for listeners the following: - How Chase acquired no genuine legal interest in the mortgage loans sold and securitized by WAMU prior the FDIC takeover of September 25, 2008; - How an investor code known as AO1 was used by WAMU and Chase to conceal the identities of the actual investors of many WAMU mortgage loans; - Bill's own foreclosed property in Oregon is both...

 A typical seasoned judge in a community with dense demographics might have been the primary judge or at least a participating or covering judge in about 10,000 foreclosure cases before he hears anything about your case. In each case the judge renders multiple rulings, opinions and judgment. On average it’s probably about 5 rulings (orders) per case because nearly all cases are not contested by ho...

One of the many things that irks me is how the banks are getting good press for reducing the number of foreclosures, as though that was an accomplishment. The fact is that they should not have been able to foreclose any of the properties that were subject to claims of securitization both for technical reasons and because the proceeds of sale under those foreclosures went to players who were bookin...

One of the frustrating things about reading reports prepared by people who call themselves forensic examiners is their continual explanation of the content of false documentation. They are assuming facts about which they know nothing and using that report in support of your defenses or allegations can result in admissions against interest. Such admissions by lawyers and pro se litigants are the ma...

The ghosts and goblins of 2008 are still causing trouble. Some things don’t change and others do. As I have been reporting on my blog, there are several attorneys who have taken the time to research and analyze the pleadings and proof issues involved with self-serving claims of securitization.    Everyone thinks they know THE LAW but the evidence is that they don’t know how to use the law. The tru...

Charles Marshall and Bill Paatalo return to break down even further the important win in a Florida case involving a US Bank LSF9 Trust. They also discuss and expand on how Fidelity Title is illegally circumventing recording statutes, re power of attorney rules involved in property title issues. 

The defense narrative is a blueprint for guiding the strategies and tactics of defense of a foreclosure action. It is not necessarily what you say to the judge or write in a pleading or memorandum. It is your theory of the case. In all court cases the litigants are required to make certain assumptions of fact and law to arrive at a conclusion that is satisfactory. If you don’t have a case narrativ...

Tonight we discuss the strategies and reasons for homeowners to win foreclosure cases. Specifically we look at yet another case where a homeowner did win, hands down game over. see https://livinglies.me/2019/10/09/patrick-giunta-esq-scores-another-homeowner-win-in-south-florida-v-us-bank-trustee-lsf9-master-participation-trust-william-paatalo-expert-testifies/ Foreclosure statistics could be vastl...

Re non-judicial foreclosure non-judicial foreclosure lawsuits, which are on appeal in California, Today's Show will cover the following: - where chain of title argument is still getting traction at the appellate level; - how breach of contract argument is getting traction when chain of title argument is not; - how appellate courts might handle California Homeowner Bill of Rights cases, given the i...

Tonight We’ll talk about how to understand and use legal presumptions to defeat illegal foreclosures. The key to persuading the court is logic applied to every day experience. And remember that the key in every foreclosure is the money trail. That means who paid for the debt, and who now is carrying the debt on their books as a loan receivable which has not been sold.  It is not enough to deny or...

Today we discsus on the Show the California case of Bienfeld, et al. v. Ditech Financial, LLC, et al. This case involves as a Defendant Bank of New York Mellon (BNYM), the purported Trustee of a securitized trust at the heart of the lawsuit. While Ditech itself is in bankruptcy protection in a Chapter 11 in New York State, its co-defendant here BNYM is not covered by any potential bk automatic sta...

The difference between winning and losing is whether you are using procedural law to your advantage or you naively enter the courtroom believing that a substantive law will save you. Spoiler alert #1: The substantive law is irrelevant until you make it relevant. Spoiler alert #2: The court doesn't want to let you make it relevant. Tonight we will talk about the the Litigation Menu that leads to wi...

Today's Show will cover the following topics, all related to unlawful detainer lawsuits following a non-judicial foreclosure sale: - Issuing written discovery on the UD Plaintiff when that Plaintiff is the so-called Beneficiary of the 'loan', not a Third-Party purchaser; - Issuing discovery on the UD Plaintiff when that Plaintiff is a Third-Party purchaser; - Responding to discovery from either a...

Going back to even 2011 and before, approximately half of the mortgages owned or guaranteed by Fannie Mae were registered in the Mortgage Electronic Registration Systems (MERS). And the loan value on the official books re such loans was and undoubtledly still is over a trillion dollars. In a recent deposition in a case Bill is associated with, a Fannie Mae official essentially admitted under oath...

Bill Paatalo joins me on tonight's edition of the Neil Garfield Show. That's because as a forensic investigator (and former cop) he just recently unearthed the most damning evidence yet against Chase and their entire charade. Chase never paid for, does not own and legally is not entitled to enforce the mortgages that were originated by WAMU. The courts have been letting Chase foreclose on the pres...

We look today at the case of Bolduc v Beal Bank to show a way forward for borrowers suing defendants like Chase and Ditech and Aurora, who have been in Chapter 11 bankruptcies. 

There are many potential claims arising out of attempted foreclosure after TILA rescission is effective.  But one of them is not a violation of your rescission rights. By pleading that you are putting into play the burden of proving the effectiveness of rescission which has already occurred by operation of law.   By pleading or arguing such a notion you are inviting interpretation form a court tha...

On the Show today Bill and I will address the following: How MERS misused the transfer of Aurora servicing rights to Nationstar, all starting out of the Lehman Brothers BK following the Mortgage Meltdown. How borrowers can use these servicer bankruptcies, particularly the one of Ditech, to advance the following: - Using notices (of the Ditech) of stay to manage litigation options; - Ditech's non-j...

The more I research and analyze the issue, the more convinced I am that the fundamental deficiency of the case against homeowners is hiding in plain sight. And I think it is jurisdictional so it might be possible to raise it at any stage. Close analysis of the actual wording used in the style of judicial and nonjudicial foreclosures shows that if there is a direct or indirect reference to an alleg...

MERS is seeking to vacate a default quiet title judgment in a California lawsuit, by suing as a plaintiff on the basis that they were never properly served the lawsuit in which they were named as a defendant. Borrowers in California are increasingly using default quiet title judgments as a litigation tool, and we will discuss this process on the Show today. In this particular case, in which MERS s...

Both lawyers and pro se homeowners are continually frustrated by the Dickensian process of the courts. If you don’t know what that means, go read Bleak House by Charles Dickens. If nothing else just read the first chapter.   What you need to know and accept as fact is that the litigation will always be long. That is because the lawyers for the banks, like every lawyer advocating an indefensible po...