THE NEIL GARFIELD SHOW

The rescission is ALWAYS effective upon mailing and must be vacated or set aside by a court of competent jurisdiction upon the filing of timely claims by a party with legal standing. You can compare rescission to foreclosure. When the sale is complete and the deed is issued,  the event has happened. It is no longer a claim. Even if the sale can be voided because of a void assignment or whatever, t...

Investigator Bill Paatalo joins Charles Marshall to discuss bank employee weaknesses and lack of credibility in depositions and affidavits. Chase bank 'witnesses', and bank witnesses in general, know little about the loan in which they are deposed, beyond what the computer screen shows. Under oath, the bank employee will parrot information the bank's attorney coached them on prior to their deposit...

Title is changed for the sole purpose of overcoming a disputed forced sale conducted under a nonjudicial state's foreclosure statutes.   The servicer will typically contend that the homeowner's requests are beyond the scope of discovery, especially in a nonjudicial action. The homeowner can file a motion to compel the production of documents upon which the Plaintiff relies on to assert that its fo...

Investigator Bill Paatalo joins Charles Marshall with his ongoing analysis of the Washington Mutual/Chase ‘merger’- an elaborate ruse to keep homeowners and the courts from recognizing that the emperor has no clothes. For more information see: LivingLies Blog The Chase witnesses universally testify that they don’t know when the endorsements were/are placed on the notes, by who, and that they are u...

Ask any lawyer how they won a case defending against foreclosure and they will probably tell you it was by "blowing up the witness."  With the right planning, concentrating on what the robo-witness does not know and can't say, well-timed, well-based objections will disrupt the attorneys pursuing foreclosure to the point where they can't make their case. What are the right objections? Neil Garfield...

See: Nardolillo v. Chase Charles Marshall’s West Coast Foreclosure Show features former FDIC team leader Eric Mains who discusses FOIA strategies and the LPS/BlackKnight consent judgment.  Eric Mains originally introduced the FOIA LPS BlackKnight strategy during the August 3, 2017 broadcast here. Contact your state AG office immediately and ask why LPS is not in compliance with the judgement!    S...

Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Featured Guest: California Attorney Patricia Rodriguez Today on the Neil Garfield Show, California Foreclosure attorney Patricia Rodriguez joins Neil Garfield to discuss the current state of Foreclosure Defense in California.   Topics to be discussed include how to get a judge to keep an open...

This edition of the West Coast Foreclosure Hour features California attorney Charles Marshall who will address sanctions and motions directed at you as litigant and/or your attorney including:  - removing lis pendens; - supposed failure to respond properly to discovery; - maintaining a 'frivolous' lawsuit, such as where there has been a possible res judicata issue Charles Marshall who specializes...

This episode of the Neil Gafield Radio Show features Los Angeles attorney Patricia Rodriguez.  She will discuss the current state of foreclosure litigation, techniques, and possible resolutions. Effective litigation strategies include resolutions like short sales, short pays, modifications, cash for keys, and full litigation judgments.  Rodriguez points out that Securitization arguements are not s...

California attorney Charles Marshall is joined by former FDIC team manager Eric Mains who will discuss the use of  Freedom of Information Requests to obtain information regarding the LPS Consent Judgement that was signed by all state Attorney Generals. He will walk listeners through the process. The LPS Consent Judgementrequired that foreclosure violations be corrected and forgeries remediated.  V...

Court held that plaintiff was only the nominal plaintiff in the action because it brought the complaint on behalf of a trust, This distinction is consistently missed around the country. Maybe not so much anymore. The location of the trust is what determines citizenship and it doesn’t matter where US Bank’s main place of business is.    I was just explaining this point today on one of my consults —...

Tonight Southern California attorney Charles Marshall will host the new West Coast Radio Show with Attorney Charles Marshall with guest Eric Mains, former FDIC Team Leader who will discuss how to use FOIA requests for information to reveal information you may not have known. Eric Mains currently has a writ of certiorari  that has been submitted to SCOTUS appealing a recent decision in his 7th Circ...

California Attorney Charles Marshall and Investigator Bill Paatalo will discuss the dangers of judicial presumptions. Magical presumptions prevent the homeowner from defending a case and guaranteeing a win for a so-called beneficiary under a deed of trust. The first magical presumption erroneously applied in foreclosure litigation has been on the doctrine of “judical notice.” Judges have been erro...

Brent S. Tantillo is the Managing Shareholder of Tantillo Law, PLLC. with offices in New York, Washington DC, and Coconut  Creek, Florida,  Brent is very well acquainted with high-stakes lawsuits, often involving government and internal investigations, whistleblower actions, and other federal regulatory matters. Brent has extensive experience handling disputes relating to health care fraud, money...

Yesterday RBS settled with US authorities in the name of “so-called residential mortgage-backed securities.”  They took in over $30 billion and only have to pay about 20% of the theft.  No criminal charges apply. See: rbs-fine-mortgage Of  importance to homeowners and foreclosure defense lawyers is that they make the obvious connection, to wit: if the securities were not mortgage-backed, then the...

What areas should you target when you litigate? In foreclosure litigation there are many pointless rabbit-holes an attorney or homeowner can attempt to go down, but they serve only to confuse and distract from the real issues.  Instead, litigants should focus on areas where actual leverage can be obtained.  Neil Garfield has warned litigants not to focus on the lender’s vulnerabilities that are no...

Washington DC Attorney Brent Tantillo joins Neil Garfield, Charles Marshall and investigator Bill Paatalo to discuss Mortgage Resolution Servicing v JPMorgan Chase and a related False Claims Act case. For a copy of this case: RICO Complaint – Chase JPMorgan Chase was accused of creating a “racketeering enterprise” fort the purpose of evading its legal duties owed to borrowers, regulators and Plain...

JPMorgan Chase has been accused of creating a “racketeering enterprise” whose purpose was to evade legal duties owed to investors and borrowers and to appropriately service federally regulated mortgage loans. JPMorgan Chase failed to provide documentations to investors that purchased loans from them (likely because all documentation was intentionally destroyed). The loans are void and uncollectabl...

This episode will discuss setting up your case for litigation, modification or settlement.  California attorney Charles Marshall will discuss settlement framework (writ large and small), and the numerous misunderstandings regarding how settlement should or even can work.  The overwhelming majority of civil cases will settle well before reaching the trial stage of a lawsuit, nationwide. Whether we'...

What is the significance of the money trail being different from the paper trial and how does that impact the presumptions that usually attach to facially valid documents? Neil Garfield will explain why it makes a factual and legal difference. Who is pulling the strings?  Investigator Bill Paatalo will also discuss his new findings regarding reinsurance.  Paatalo has discovered that borrowers are...

This episode is entitled "Foreclosure Autopsy".  Neil Garfield will show you how to analyze a case and plan your strategy in confronting the banks in the context of claims of securitization and multiple transfers of "Ownership" and "Servicing rights.". The case to be discussed is Robelto v US Bank, as Trustee, 4th DCA, Florida, May 4, 2016.  The judges in Florida's fourth district nailed a lost-no...

Do you have an Ocwen Loan?  If so you are going to want to listen to this episode.  Investigator Bill Paatalo has some interesting information regarding Ocwen and its relationship to “Security Connections- Idaho”.  He will also discuss his most recent “Cease & Desist” from the SEC to the Wilmington/Christiana trust.  As for SEC Cease & Desists, if the Trustees can't identify the certificat...

California attorney Charles Marshall will discuss when you should appeal, and when you should not appeal. An appeal can be an opportunity to obtain justice when it was earlier denied. However, an appeal may not always make sense even if you believe that the trial court was in error. The first step in the appeals process is to decide what you hope to get out of it and whether the benefits justify p...

Q and A: Statute of Limitations In this episode I will discuss two states with drastically different interpretations of Statute of Limitations.  In Florida the Bartram decision ruled that every time a homeowner misses a payment, the statute resets.  In stark contrast is a New York case called Costa v. Deutsche Bank that clarified that statute of limitations will be enforced. The Bartram decision c...

Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Many people assume that when they appeal that they will be able to retry their case, compel additional discovery and provide additional evidence in their appeal.  This is not the purpose of an appeal court. An appeal is a request for a higher court to review a lower court's decision. An appea...