Neil Garfield has an army of magical leprauchauns

Neil Garfield has an army of magical leprauchauns Bench opinion by Willis B. Hunt, Senior U.S. District Judge

This Order has just come to my attention and I cannot resist responding. Since it is public record, I figured I would respond in kind.

Dear Judge Hunt:

It is easy to understand how you and other Judges were both misled and misinformed. The magical beings to which you refer are the fictitious result of an overactive imagination. The documents upon which you issued your ruling were also the fictitious result of an overactive imagination as it became clear right around the time that issued your order that the fabrication, forgery and illegal notarizations were revealed and admitted by the very same party in whose favor you entered your order (robosigning etc.)

I thank you for giving the correct address of my website. But your description of the points I raise seems to be more a knee-jerk ideological reaction rather than a true rendition of my analysis — which has now been corroborated by courts all over the country including most recently the Massachusetts Supreme Court. I do not know the Plaintiff in the case where you entered that order and I do not know the facts. But I do know what I have said on my web site.

Simply stated, my proposition is that if the note does not accurately describe the obligation then the note is at the very most incomplete evidence of the obligation and cannot be secured by a mortgage document. The proposition is not that the obligation disappears like magic. It is that the note and mortgage are invalid. The obligation still exists even if it is not described in any valid legal document. It does seem that the obligation could hardly be considered as secured by the property without conforming to the state requirements of executing and recording a mortgage.

Thus my website is devoted to proper legal analysis without regard to political ideology. You accepted paperwork in which the obligation arose between A and B but the documentation was between A and C. If your order was followed in the marketplace, the opportunity for moral hazard would be infinite. For every obligation arising out of a transaction, the paperwork would create a second obligation either one or both of which could be enforced.

Whether the complaint posted on my website was crafted by me, I doubt, but I did post many examples of what litigants were filing. And I don’t recommend that people appear pro se anymore for the very reason that is illuminated in your ruling — possibility of a collateral benefit to the borrower is ideologically abhorrent to the person who does not consider all the facts and circumstances.

It is troubling that you seem to base your ruling on what you have seen in other cases. It implies that you have not read the complaint in this case. I haven’t either. But we do know with some certainty that the securitization of loans was a mirage because no transfer documents were prepared, executed or delivered. It was on the assertion without proof from counsel for EMC that you concluded that there was no merit to the homeowner’s position. Instead of requiring proof from the party seeking affirmative relief (EMC, who wanted the Plaintiff’s home) you worked off a presumption that EMC was indeed the mortgagee. This is the most common reason for error on the bench with these cases.

The point of my blog site is to assist people in pressing for the truth about their mortgage, their obligation, their note and all the aspects of their transaction. Under the collateral source rule in Florida, the payment by third parties without subrogation would need to be taken into consideration as to the amount due and therefore whether the loan was actually in default. Perhaps the same is true in Georgia. The payment of insurance proceeds and credit default swaps was under the expressed and specific waiver of subrogation. Those payments were made, in many cases courtesy of U.S. taxpayers.

Thus my defense here is for my blog and not the Plaintiff, as the complaint may in fact have been deficient. But if the complaint included allegations congruent with the assertions in this letter, it would be my opinion, and the opinion of law professors, judges and lawyers around the country, that the dismissal was in error.

Respectfully submitted,

Neil F Garfield

31 Responses

  1. The answers are more sophisticated than what one reads here. No note so home for free? Its a detailed breakdown of the general ledger, understanding for divestment of one asset to another . . . .. the mark to market valuation required to establish “book” over goodwill, . . ..the successors and assigns . . . . . are missing a condition precedent, . . . . .a mark is used to endorse a simple procedure (you call Robo Bobo), . . . Satisfaction requires a re conveyance, . . . .condition subsequent is a claim . . . .enforceable by judgment, . . . . .the debt collector is enforcing a writ. ..dual consideration ….etc etc

    Magical , no but highly detailed and sophisticated to the point anyone out there calling themselves a Guru had better be ready to back it up.

    Your charts and graphs and theories violate various Fed acts and only an analyst should really be up to the task of rendering opinions ….You better be equipped to fire on all six cylinders when required.

    The time is nearing and they know who you are . I’m read by the opposition…scrutinized you might say . I also know quite a few of these guys from days gone bye.

    But, You do not understand me ?

    THEY DO!

    M.Soliman
    expert.witness @live.com

    We are here to help . But so much of what I read is Wrong…..

    M.Soliman
    expert.witness@live.com

  2. DyingTruth and THE A MAN (know you do not like each other) — and All:

    Do not give up — changes in the wind — hang in there — keep it alive. No matter what. No matter what disputes we have here — with anyone. Just keep it going – however you may. Keep it in the court. If one avenue does not work — try another. New issues, new grounds, bankruptcy – reopen bankruptcy — whatever way you can.

    The fraud is surfacing. As you have pointed out to me — keep open mind — much going on.

  3. Sorry all, I have been busy the past 24 hours. I will post the ABA letter and The MERS letter. The first paragraph in The MERS letter from 1997 says it all. However, the entire letter is a good read. The ABA letter reveals their scheme unequivocally and demonstrates for all the benefits they would reap as a result of the Abolition of the Glass Act.

    BM

  4. Leprechaun Barry in Tacoma reporting for duty General Garfield !!!

  5. RAJA–THE FEDERAL JUDGES HAVE RETIRMENT PLANS THAT ARE HEAVILY INVESTED IN MBS AND OFFERED/MANAGED BY BLACKROCK. BLACKROCK IS IN CONTROL OF THE TOXIC MAIIDEN LANE RMBS ASSETS.

    I SUSPECT MOST OF THE FEDERAL EMPLOYEES PLANS OFFER INVESTMENTS IN RMBS.

    SO YOU ARE ON POINT –THIS IS AN AGED JUDGE AND HE IS NEARING RETIREMENT.

  6. Neil

    I am one of your leprechauns and have been for almost three years.

    The fight is on!!!

    Thomas Jefferson
    “I believe that banking institutions are more dangerous to our liberties than standing armies.
    Already they have raised up a monied aristocracy that has set the government at defiance. The
    issuing power (of money) should be taken away from the banks and restored to the people to
    whom it properly belongs.” — Thomas Jefferson, U.S. President.

  7. “First they ignore you, then they ridicule you, then they fight you, then you win.” – Gahndi

    Three cheers for Neil and Brad, they have made it to stage two. There pioneering work and efforts have spawned a movement among both lawyers and citizens. Multiple blog sites hosted by lawyers and citizens alike that have become required reading for anyone who “can handle the truth.” Not to mention a few lepruchans who have even been interviewed on CNBC and MSNBC. It is apparent that Judge Hunt has not kept up his CLE credits…

  8. I’m beginning to believe that the only thing Magical about any of this is us Leprauchauns, but like all other fairy tales this magic ceases to exist.

    Neil keeps blocking, ignoring and moderating my posts about signing the petitions to Rescind all Foreclosures in the country and Revoke all Government Authority to stop their abuses.

    But whatever it doesn’t matter anymore hardly anyone was signing anyway. The Courts refuse to remedy the fraudulent theft of my father’s house which I have put all my efforts and wasted my time on fighting to get back. I’ve pretty much lost everything, my mom who left when I was five and only ever visted me twice since called two days ago and left a message crying telling me she was dying and hasn’t answered my phonecalls back or called back since. I had hoped to get my house back and then go spend time with her and to get to know who the other half of me really was looks like neither of those things will be happening.

  9. Judge WILLIS is a victim of Old School Law whereby High Tech financing left his Simpleton thinking behind!

    THis Judge still thinks Mortgage Loans are a Local Transaction, and Mortgage Notes are housed at the Local Bank on Main Street.

    His Old School Bank Dementia Logic is inherently Fatal among most incompetent Judges who DEFEND cases for BANKS! There is no cure for this affliction, except RETIREMENT of all Judges suffering from this syndrome.

    I bet Judge WILLIS HUNT still checks his Front door looking for Milk, Eggs, and Cheese from the “Milk Man ” who retired some 40 years ago.

    Maybe Georgia should BAKER ACT Judge Willis, or indite him for conspiracy to aid and abet Fraud on the Court.

  10. This is better than “sliced bread”. The “zipper”, the “ice cream cone”, the Salk Vaccine, and the “transistor”. These were all great inventions.

    Neil Garfield has topped these all by his discovery that the nexus between the debtor and the creditor has become so fogged over that Senior Federal Judges are reduced to personally attacking Neil. I guess Neil has won. The Federal Juduciary is caving in and resorting to ad hominem attack on our champion.

    So what are we going to to with the effing dragon: I say that Neil should plunge the sword.

    And that Stockholm should get ready to spell Garfeld, I mean Gerfield, ah ah, I mean Garfield. Get your speech ready Neil. Willis B. Hunt can shove it where the sun never shines.

  11. The truth will set you free!

  12. I read the actual Order. Judge Hunt is an example of arrogance in the Judiciary. He is a senior Judge, which means he is retired and collects a fat per-diem for handling cases.

    He could have simply dismissed the complaint without all the rhetoric. Instead he goes out of his way to verbally assault a non-party to the lawsuit.

    Judge Hunt makes the case to change the Constitution and eliminate life time appointments.

  13. This judge must be having some personal interest in the Banks, Neil is there any way we can write to Congress about this issue

  14. Perfectly said Mr. Garfield!

  15. I agree with James 100%. This Judge is harming the whole judicial system in the United States.

  16. Hunt – Oath of office for Judge Willis B. Hunt, Jr

    http://www.justice.gov/oip/docs/bhunt-oath.pdf

  17. If a judge resorts to public ridicule then one needs to be concerned as to whether such judge is competent to administer justice.

    Sorry Neil, I just had to chime in.

  18. Absolutely shocking this judge could be so UNPROFESSIONAL! On the other side Congratulations Neil for striking a HUGE NERVE in this so called judge (judge-mental!. I am 100% Irish and delighted to be on your “Magical Leprauchaun Team”…

  19. Eugene Villarreal,

    Do not believe NJ court, by Order to Show Cause, has ruled on anything yet.

  20. To Neil:
    In a case where I was temporarily a Pro Se(obtained transcript ), I asked the judge if she could only have looked at the Complaint, she could have seen that we had denied in the Answers that Chase Home Finace, LLC did not have Standing. As CHF was claiming that we didn’t. She replied that the case file was in Trenton, N.J. The Office of Foreclosure states that disputed motions must be heard by a General Equity judge assigned to the county where the property is located: the case file will be sent to the judge for resolution…..Later, I asked her how she could make a Judgment without looking at the case. No answer. Anyway, now, JP Morgan and Chase Home Finance, LLC in it”s Response to New Jersey Supreme Court Order to Show Cause ( halt foreclosures) is TELLING the court that it will submit(substitute) new Certifications(instead of AFFIDAVITS) and move forward because it has been allowed to do so in the past. They have added cases to their Response to show this. New Jersey statues (Rule 4:64-2(b) have always required Affidavits, but the courts and judges have been ignoring this requirement. For your readers who may not know the difference, Affidavits require statements to be Sworn To and Notarized. This new 3-page Certication still doesn”t address the issue of the true owners/holders of the Morgtage and/or Note.

  21. Ask Judge Hunt if he still believes in Santa Claus?

  22. Plaintiff should have filed some response to the motion.

  23. Can someone point me to the actual Order?

  24. NEIL, I WELCOME MYSELF AND MILLIONS OF OTHERS TO :

    YOUR ARMY OF MAGICAL LEPRECHAUNS

    YOUR ARE THE MAN ! ! ! ! ! ! ! !

  25. Bob M ,, That letter needs to be widely distributed … RIGHT NOW!

  26. ssssshhhhhhhhh, I’m feeling like a leprauchaun today, anybody else feels it? 🙂

  27. Bob, is that ABA letter available publicly somewhere?

  28. This might of been a missed opportunity for everyone to fill this judges’ desk with letters from leprechauns. Might have stirred up an additional media break through and saved a few homes.

  29. To Judge Hunt:

    With all due respect, your opinion is fatally flawed. The securitization process is what polluted the loan process. As an example I will use a few issues in my case. In order to fill these securitization pools, elaborate and exorbitant bonuses, marks, and perks were in place to entice all who toiled in the mortgage profession to sell as many toxic loans to as many people as they could and by whatever means they could, through fraud, deceitful acts and omissions, false statements, and by and large forged documentation.

    My loans documents are fraught with fraud and forgeries. The broker who originated my loan hid the loan application from me, and the first time I had seen it was in response to a Qualified Written Request (QWR) pursuant to 12 USC 2605 (e).
    The application states that I made $12,000.00 a month when in fact I only made $3,000.00 a month; 5 of the pages in the loan app have forged signatures on them. Further, the QWR yielded many other forged documents and documents that should have but were never given to me at the closing; A clear violation of TILA.

    Moreover, it was never disclosed to me that my identity, my loan, my FICO score, and my loan payments were going to be used in a Ponzi scheme unheralded in the annals of this country.
    I never gave my consent to allow my mortgage payments to be used to cover other loans in a pool of mortgages of which I had no knowledge; I never consented nor did I have knowledge that my money (loan payment) would be used to cover defaulting loans; I never agreed to the subrogation which has taken place in my loan transaction.

    Clearly Your Honor has not read the Appraisal Petition, which ultimately was signed by 11,000 Appraisers as testimony to the fraud that was taking place in the industry; Clearly Your Honor has not read the Glass Steagall Act of 1934 and the protections it offered the populous and the way it harnessed the financial industry; Clearly Your Honor has not read the Gramm, Leach, Bliley Act of 1999 and witnessed its destruction on the populous.

    Clearly it is lost on You Judge Hunt, that the contemporaneous creation of Mortgage Electronic Registration System, the abolition of the Glass Act, and the enactment of the Gramm, Leach, Bliley Act completely unleashed the criminals that is Wall Street as a whole unabated to perpetrate the largest criminal scheme this country has ever witnessed.

    If you would like Your Honor, I will forward to you a 55 page letter From the ABA in which the writer gloats over their victorious coupe and a letter from the lawyer who was instrumental in the creation of MERS and its astonishing revelations.

    Also, regulators started sending out advisory letters as early as 1997, to all the lending institutions not to issue the toxic loans that are now at issue. The Banks disregarded those advisory letters and did as they pleased at the expense of a Nation and now they shall pay the piper. Those advisory letters warned that those who issued these toxic loans would be liable at suit, and now they are.

    If you would like these documents you can contact Neil who can then contact me and I will forward.

    With all due Respect

    BOB M

  30. Neil,
    I had to show you that. When I read the title, I started busting up laughing. Then when I read the opinion, I empathized. Because the same thing happened in my case with the judge not only legislating from bench, but also damn near outright acting as counsel for the defendents. This opinion is just indisputable proof that the possibility of an impartial judiciary no longer exists.

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