Foreclosures in Securitization World: deny everything they have to say and...
The danger is in the labels. I have some devoted followers and readers who have been great contributors — doing research on the real action and dynamics between the homeowner on the one hand and all...
View ArticleWhat to do if the foreclosure mill refuses to give you an answer about...
Summer Chic write me an interesting email and I wrote back. She poses a question that summarizes the entire situation: She wrote: Example: PennyMac claimed that they PURCHASED my loan on May 2, 2019...
View ArticleTrusts, Trustors, Settlors and Fake REMIC Trusts
All trusts that are legally recognized as such have the following basic components: the trustor/settlor who (a) executes a written trust agreement and (b) conveys property into the name of the named...
View ArticleWhy are conditions precedent so important in foreclosure cases?
The mischaracterization of a condition precedent alters the burden of proof. (e.s.) If compliance with the HUD regulation is a condition precedent to foreclosure, the plaintiff carries the burden of...
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Why You Need to Understand the Truth and How to Use It to Successfully Defend...
Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud. You don’t need to believe me. You don’t need proof that what I am saying is true. You have every right in every court to file...
View ArticleAfter Complaints to AG and CFPB Follow UP!
If you are not going to follow up on complaints to your attorney general or the CFPB, then you shouldn’t have filed the complaint in the first place. If you are not going to follow up on demand for...
View ArticleRepurchase agreements only advance the myth that loans were purchased in the...
Investors would do much better if they stopped litigating the duty to enforce repurchase agreements. The repurchase agreement is void because there was no purchase. There are better claims to make that...
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What Happened With Your “Loan”— By admitting that you received a loan you lose.
The plain truth is that homeowners are losing their cases through assymetry of information. They think they understand when they do not have a clue. They are admitting the obvious, which turns out to...
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Homeowner’s Dilemma and Pro Se Nightmare: Wanting the system to change is not...
Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete...
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Who gets a QWR or DVL and When?
LEARN HOW TO FIGHT WITH HONOR AND WIN! After some reflection, legal research and analysis I have come to the conclusion that a very good way for homeowners to put tracks in the sand that they can use...
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The fallacy of construing negative decisions as bad decisions for homeowners
It’s not the job of courts to save litigants from their own admissions. Here is a simple rule: if you admit the existence of the loan account receivable and you admit the rights of the servicer and...
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How Likely Is It That a Homeowner Will Win a Foreclosure Case?
The answer to this question depends upon the homeowner — not the judge. * If the homeowner rigorously, aggressively and persistently seeks enforcement of the rules of civil procedure, the rules of...
View ArticleTonight! Q&A on Prelitigation Strategies — QWR, DVL and Complaints to CFPB...
Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays As a follow-up to our FREE presentation CLE webinar on...
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Why You Need to Perform Investigation of Real Facts in the Real World
I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation...
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Stop Using the Labels: Homeowners Lose Foreclosure Cases When They Refer to...
You need to challenge the status of the company claiming to be a servicer by finding out what functions they really perform. * I know I have contributed to the problem, but I think it’s time to stop...
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THREADING THE NEEDLE: IT IS WHAT THEY DON’T SAY THAT REVEALS THE TRUTH — AND...
So talk about splitting hairs — here is a statement from a company that is claimed by third parties to be the servicer of a “loan.” Note that the parties making the claim do NOT swear that PennyMac is...
View ArticleWhat foreclosure Judges want to see in court
As Neil Garfield explained to me and many of his clients and readers, the only thing most judges are interested in is where did the money go, who paid, who received and whether it was paid, and if in...
View ArticleHow to Stand Your Ground in Court Without Offending the Judge
A Guide for Homeowners and Their Attorneys in Foreclosure Defense Did You Take a Loan? We’ve all been there, sitting in a courtroom, listening as the judge fires off a familiar question: “Did you take...
View ArticleAnother win for the livinglies team
Last month I posted about our successful strategic foreclosure defense model. This model was developed by my mentor Neil Garfield over decades and has been utilized by pro se homeowners and the...
View ArticleForeclosure Defense attorney to challenge Lender claims
In the complex landscape of foreclosure defense, the role of a skilled attorneys is paramount. So many of you told us of your struggles in finding an expert in this are I thought it important to share...
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