THE NEIL GARFIELD SHOW

Today on the Neil Garfield Show Charles Marshall and Bill Paatalo wll be break down the following topic: PMK aka Person Most Knowledgeable. Charles and Bill will also address other issues related to the introduction of evidence, the needed standard of proof which courts are supposed to require, and otherwise get out details on how institutional players on the other side of borrowers--be those play...

Tonight we talk about how to be persuasive in court so that the Judge realizes that the foreclosure might not result in any proceeds being used to pay down the debt.  The point of defending a foreclosure is saving the house or getting compensation for losing the house. Saving the house means defending it. Getting compensation means filing a lawsuit for damages. In nonjudicial states you need to fi...

Today's Show involves two important topics: 1. First Circuit US Court of Appeals case, Thompson v. Chase, in which the appellate court reversed the lower district court, essentially strictly construing the Mass. judicial foreclosure statutory framework. 2. Real Estate brokers are being used as institutional stand-ins for certain evidentiary purposes, particularly in non-judicial foreclosure states...

I'm revealing tonight the specific structural analysis I use and which the LivingLies team uses under my direction to analyze the facial validity of documents that are being used to initiate fraudulent, yet legally effective foreclosures and sales of property. If you don’t challenge it the foreclosure becomes legal, valid and enforceable in unlawful detainer or eviction.  The basic premise of all...

  Charles Marshall is on today hosting the Neil Garfield Show to discuss what he calls Hybrid legal representation, which is a combinaton of pro per representation alternately mixed with formal legal representation at times from an attorney, and/or, pro per representation with the assistance of an attorney or other advocate/support person who has some expertise in the legal or factual issues at pl...

Tonight's guest is Stephen R Renfrow, born 1957 in Louisiana. He graduated with Honors from Louisiana Business College and Bakers Professional Real Estate College. He has extensive experience in Banking and Real Estate and he holds an honorary Juris Doctor degree. His story about confronting and winning against the WAMU-Chase scheme led him to perform deep investigation and research into the facts...

  The Guana v. Chase ruling recently out of the Third District of Appeal, California, is a small gem of a ruling, if not quite a diamond or even a ruby. As is typical for California appeal wins for borrowers being foreclosed upon in California, this Appellate Court declined to publish the opinion. This is deeply troubling, as it blunts dramatically the uses to which this ruling may be put by case-...

  Charles Marshall is back along with Bill Paatalo to discuss the appalling if not suprising developments in a Florida judicial forecloure lawsuit, US Bank National Association as Trustee v. Zayas. By appalling we refer to the behavior of the US Bank Trust, not the Judge's Order to Show Cause, which is a needed cudgel to push more forcefully for the US Bank Plaintiff in this case, to provide essen...

Remember in the movie "The Firm" with Tom Cruise when he said "it's not sexy but it has teeth"? That is administrative law. The character Cruise played was talking about mail fraud. It worked. Playing your administrative cards right you could end up with a mail fraud case to be brought against the servicers and pretender lenders, but you will almost certainly end up with more and better defined de...

The pleading and proof requirements for fraud in all circumstances are very rigorous. Knowing now to plead and wording the complaint or defense properly is essential to getting fraud on the table in litigation which by the way opens the door to discovery that might not otherwise be allowed if you are merely defending the foreclosure on other grounds. That said, a successful action for fraud has a...

The Rainn case in California stands for the proposition that a complaint is sufficient when it pleads that the party on whose behalf an assignment was made had no ownership in the debt. The proof of the pudding will be at trial. How will you prove this basic proposition. The answer is that you have taken the first step which is that you put the matter in issue. The second step is discovery. And th...

How can you present your case if you don't really understand it? The key to understanding your own case, its strengths and weaknesses is in conducting discovery in court and following up. Without the follow up it's virtully useless.  The devil is in the details. The details in litigation lie basically in discovery — asking and responding. Very few pro se litigants know how to construct good Interr...

Tonight. Charles Marshall, Esq. and Bill Paatalo, P.I., reveal new information on the existence of original promissory notes and how they are falsely presented in foreclosure cases.  See Neil's post at https://livinglies.wpcomstaging.com/2019/03/27/lost-notes-and-the-sudden-appearance-of-original-notes/ See Bill's post at  https://bpinvestigativeagency.com/do-custodiansreally-hold-original-notes/...

In the Case of OBDUSKEY v. MCCARTHY & HOLTHUS LLP, decided yesterday, March 20, 2019, a unanimous but ambivalent Supreme Court of the United States decided that lawyers are not debt collectors in non judicial states. In doing so, they undermined the due diligence requirement in the bar rules of every jurisdiction that require a lawyer to perform enough investigation to assure that the client i...

Today Charles Marshall will address the implicatitons for several areas of legal practice of the Califiornia Homeowner Bill of Rights (CHBOR) here in 2019, covering the following areas: - pre-litigation practice; - litigation practice--when a lawsuit is pending; - appellate practice--when an appeal is pending, the lower court matter having gone to judgment; - bankruptcy practice. On the show he wi...

After 12 years of thinking and analysis I have boiled everything down to one question: Does the party named by the lawyers ever get anything out of a successful foreclosure? I think the answer is always NO if the loan has been sold into the secondary market and worse yet if it has been subject to securitization claims which are almost always completely false. If the lawyers have given a name of an...

You can always settle any case by horse trading on the amount due, when it is due and at what intervals and interest rate. But more and more lawyers are asking the right questions --- what are the elements to consider when evaluating the settlement value of a foreclosure case? Emphasis on the case at hand distracts from the value of the threat to the other side.  Bottom LIne: If you don't have the...

Homeowners and even those with rental properties need to know whether, when, and if res judicata principles could shut down their potential foreclosure-related legal case right out of the gate. Need to know whether, when, and if, bankruptcy proecdures are available to advance their legal interests. Need to know whether, when, and if, it makes sense after sometimes multiple previous litigation and...

Russ Baldwin joins Neil, Charles and Bill. He has some special insights into a continually developing area of foreclosure defense — what if the presumptions are being applied when the document is not facially valid. When the document requires extrinsic evidence to identify parties or their authority and the ext rinisc evidence is neither attached nor dientified, is the document facially valid? I s...

Bill Paatalo has another worthy Blog Post about how certain rogue REMIC trusts are akin to fencing operations. Today, we revisit the US Bank LSF9 Master Paticipipation Trust, purportedly located and operating out of and receiving mail in Florida, but in fact set up, to the extent it is organized in a legally and meaningfully manner, in the Virgin Islands. Bill will discuss this and related cases,...

In foreclosure litigation countless law firms entered into agreements with various parties to achieve the result of a foreclosure sale. They knew or MUST have known that the documents that they referenced or attached to their pleadings in court were either fabricated by them or their employees), or at their instruction, or fabricated by others. They knew or MUST have known that the "client" was no...

Institutional litigants are misusing the court system throughout the dozens of state and Federal jurisdictions to get into evidence matters which are and should be barred from evidence or at least subject to dispute, and about which these same litigants often have no or little independent evidentiary support. One such major vehicle for advancing this practice is the use of Requests for Judicial No...

There is a reason why banks don’t simply come to court with proof of funding of the loan origination and proof of funding of loans transfers dressed up like sales. The reason is that none of the players on center stage or anything but stooges — conduits who are being paid a monthly fee for doing the bidding of investment banks like Goldman Sachs. We are all fighting a ghost. I am not predicting th...

Tonight Russell Baldwin joins me to discuss some theories that might have some traction off the usual track of foreclosure defense. We will be discussing recoupment, assumption of risk and the continuing discoveries by Bill Paatalo about conflicts and inconsistencies in the documents used to claim rights of collection, servicing and foreclosure. Bill Paatalo and Charles Marshall join the conversat...

The US Bank Trust, NA as Trustee for LSF9 Master Participation Trust, has over the last several years been involved in potentially hundreds of litigation matters, possibly a lot more. US Bank, NA has used many other "master trusts" and other trust names to advance its interests on both the plaintiff and defense side, in litigation all over the country.   Today on the Neil Garfield Show we have Bil...