From his start as an investment banker with expertise in securitization to his earliest days as a trial attorney Neil discusses the evolution of foreclosure actions by lenders. Of particular interest is how Neil speaks to how they have been able to veer away from the traditional rules of evidence and discovery to foreclose on unsuspecting homeowner…

Tonight I share my thoughts on strategies and tactics that will put your opposition on its heels and probably result in an outright win for homeowners and virtually all consumers who have a written contract for installment payments. We start with the premise that virtually all such transactions are securitized. I will talk about the many opportunit…

The simple way to remember all this is that a business record must be a record of business actually conducted by the record keeper. Anything else is hearsay and must be secluded from evidence. But there is another rule that has been used to defeat this premise and the strategy has been successfully employed. By getting the homeowner and the attorne…

So the Defense in your case is that there is no claim, that the named designated claimant is a nominee and has no claim, and that the designated company claiming to be a servicer is not servicing (i.e., it does not receive, account for or disburse payments from homeowners) and has no authority to declare a default much less prove that a default occ…

Lawyers have a job. Their job is to do the best they can at advancing their client's position-- within the bounds of the law. This usually involves a fair amount of bluff and any successful lawyer will tell you that it requires a great deal of knowledge, only part of which is imparted (and even less retained) in law school. Tonight we will talk abo…

Foreclosure trends for 2022 are developing ever rapidly, and here are some of the most significant ones: - Home Values continue to rise in many places, disproportionate to historical trends, and loan amounts taken out by homeowners, either in refinances, or new home purchases, have likewise reached historical highs, setting the table for a scenario…

We start getting down to specific arguments that can be made to judges and specific testimony from the forensic expert that would likely succeed in educating the court --- as Bill has repeatedly done in the past. No lawyer can proceed with a defense without knowing the weaknesses in the case against his or her client. Most lawyers proceed without t…

In a remake of technologically challegned Thrusday broadcast --- Behind the scenes, I have been having extensive telephone conversations and email correspondence with Bill, Charles, and other parties interested in the content and the radio show format. Tonight Neil, Charles, and Bill will all be on the same show to discuss what is next in the fight…

Behind the scenes, I have been having extensive telephone conversations and email correspondence with Bill, Charles, and other parties interested in the content and the radio show format. Tonight Neil, Charles, and Bill will all be on the same show to discuss what is next in the fight against foreclosures and defamation of homeowner titles. We will…

Tonight I will explain why securitization claims are just simply a PONZI scheme and what that means to the ordinary consumer/homeowner (and "borrower") in any consumer transaction. But let's start with this, as a checklist of items we will cover tonight: ESSENTIAL ELEMENTS OF A SUCCESSFUL PONZI SCHEME Exponentially increasing liabilities --- i.e., …

WE ARE TRYING A NEW FORMAT TO BE MORE INFORMATIVE AND TO DO A BETTER JOB AT EDUCATING HOMEOWNERS AND FORECLOSURE DEFENSE ATTORNEYS. CASE BY CASE ANALYSIS EACH 45 MINUTE SHOW PICKED FROM REAL CASES THAT ARE TRIED, DISCUSSED, AND DECIDED BY OUR PANEL. If you wish to submit your case for review please submit the case review form. If your case is selec…

As a follow-up to our FREE presentation CLE webinar on Prelitigation Strategies and Practices, we offer an open mike Q&A on tonight’s show. Please think about your questions in advance and refrain from long monologues about your case. Here is the obvious premise of this work: If as a consumer you have executed a promissory note and mortgage (or dee…

The legal case of US Bank (trust) v. UBS (United Bank of Switzerland) Real Estate was decided in 2016 in SDNY. The order following decision extends for literally more than 100 pages. The gist of the case is that US Bank went after UBS because of the poor loan quality of the loans making up the pool of investement mortgages in the PSA put together w…

It was pure serendipity. There are three areas of expertise required to understand the current developments in the lending marketplace: Investment banking and the sale of securities Accounting and auditing Trial Law That has been my life since 1964 when I was just graduating high school. As I moved through careers, I was creating the perfect resume…

Now that the various foreclosure and eviction moratoriums have either ended, or are on life support, it is more important than ever for homeowners in or near foreclosure, to exploit the papertrail created by servicers and purported mortgage note holders to carve out the details of what is in, and not in, these debt representation letters. As has be…

Nearly all consumers think they're litigating or dealing with banks when in fact they're not. Tonight we look at basic elements of winning based upon 16 years of experience, research, and data collection. Here are some of the highlights: Consumers who hurl accusations at the banks are sealing their own doom. The basics of every successful defense c…

Bill Paatalo joins Host Charles Marshall on the Neil Garfield Show today to break down with Charles a recent case handled by Bill on the invesitgation end, in which Bill was able expose a major deficiency in the servicer/lender's case. Additionally, Charles will address the latest on the Covid front, including updates on how foreclosures and unlawf…

In the last show, we talked generally about how the promissory note morphs from a promise to pay a debt into a security that is simply an agreement between someone who does not own the debt and someone who will get paid because of a securities scheme. As James tells it the note is transformed into a security that is essentially irrelevant in any cu…

You have often heard me speak about how the foreclosure mills want to talk about the note but foreclosures are about the mortgage or deed of trust. Those are governed by two sets of rules or laws that were adopted in all U.S. jurisdictions from the Uniform Commercial Code. Article 3 governs negotiable instruments which usually include promissory no…

Bill Paatalo joins Host Charles Marshall to discuss the coming foreclosure tsunami, which looks to finally start landing in a big way in October or November. The major solution for homeowners and those whose houses have gone to sale, is to seek safe ground now or shortly, rather than waiting for the inevitable. In both judicial and non-judicial for…

The typical case against the homeowner involves the participation of a company claiming to be the servicer. While the company might perform certain functions of the statutory definitions in the regulation of "servicers," it is actually rare that it is the recipient of money paid by homeowners and even more rare that it is the disburser of payments …

Licensed Private Investigator Bill Paatalo in a Blog post from just yesterday Sep. 8, highlights the case of mortgage servicer New Residential Investment Corp (New Rez), using trusts to enforce their mortgage servicing rights --- since so many states otherwise require mortgage-related entities who purchase, hold, enforce or sell residential mortgag…

The laws of men on Wall Street are pushing out the laws of the country. It is time we pushed back. There are no laws of men — not in this country! Fighting ghosts is challenging but not impossible. Ask anyone who has been required to deal with what they thought was their loan account and you get the same answer. You never get to speak to anyone in …

Bill will discuss on the Show today how a blanket lien granted by the OTS just prior the WAMU BK receivership of 2008 was used by the FDIC to in effect use the bk process to enable the conveying of title to the WAMU mortgage loans transferred through the BK to Chase, whereby same title was 'as is', with no warranties as to enforceability, collectib…

Regular people think that going to court is winning a point and finding vindication in the judgment of the court. But lawyers know that going to court is all about keeping in control of the narrative. So it should come as no surprise when people feel railroaded because they know or understand that the opposition has no case against them. They still…

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 forec…

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 th…

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…

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 t…

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…

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 lawyer…

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 pay…

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 ot…

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 d…

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 wi…

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 mora…

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 s…

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 forec…

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 p…

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 a…

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 …

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 p…

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 …

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…

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 trus…

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 someth…

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 prop…

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,…

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 th…

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 success…