What Do I Get From Consulting With Neil Garfield?

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I’m writing this because many questions have come in asking exactly what they can expect from a consultation. Hopefully this post will reach enough people to reduce the number of calls on this subject.

First the rules.

  1. I do not give legal advice to laymen but I do give advice to lawyers who are advising clients if they are licensed in the jurisdiction in which the property is located. Usually a homeowners can find at least some lawyer or a friend who’s a lawyer who is willing to be on the phone and act as counsel for the homeowner during that call, after which the lawyer can give his opinion as to what he heard and what he or she advises.
  2. You must have an attorney on the phone.
  3. The call is recorded and the recording is sent to both the lawyer and the client.
  4. I usually run over the hour but we don’t charge for that.
  5. It is helpful but not required that you have already purchased the title and securitization analysis (COMBO), since my advice to counsel will be far more specific with that in front of me.
  6. I prepare briefly for the call but I do not do hours of research or analysis.
  7. I only take 4-5 calls per week, which is why it is best to book in advance.
  8. I do not represent the homeowner as an attorney. I can be retained as an expert to testify or report (Expert Declaration). I have been admitted as an expert in multiple courts in multiple states in individual and class action lawsuits. My credentials as an expert in securitization , property law, contract law and vesting have never been challenged.
  9. Before taking any action on anything you hear from me you should consult with your attorney. Every case has differences and every state has differences. Even Judges in the same Jurisdiction have differences. My opinions and advice are not divine messages. They should be considered in the context of everything about the case and all the possible litigants.

Next, who is this consultation hour aimed at?

  1. People in or threatened with foreclosure and/or eviction
  2. People considering walking away (strategic default)
  3. People thinking of buying property
  4. People seeking modification of their loans — whether current or “delinquent”
  5. People going into mediation in Nevada.
  6. People thinking of buying or selling in a short-sale
  7. People who are thinking about doing a short “refi” or some other creative plan to reduce principal.
  8. Investors who are concerned about the quality of the title they might get from a “bank-owned” property for sale.
  9. Banks and other lenders who are considering financing on a home that was or is subject to potential claims of securitization.

What we cover:

  1. Current status of the case
  2. Goals of the homeowner and counsel
  3. The money trail
  4. The document trail from the closing with the investors
  5. The document trail from the closing with the borrower
  6. Representations made in court by counsel for the “Bank”.
  7. Past pleadings by either side
  8. Future suggested pleadings, affidavits and reports.
  9. Legal strategy
  10. Discovery
  11. Settlement
  12. Modification

The consultation is no substitute for an analysis of the the specific loan that is in issue. The more information we already have, the better will be the results of the consultation. So getting the COMBO Title and securitization report, the Forensic TILA analysis, and the Loan Level Analysis will be most beneficial. For people that have done this I usually double the hour without charge. www.livinglies-store.com

Remember this: a report gets you nothing if it is not credible. Even if it is credible it will still get you nothing if you don’t present it properly. And even if you present it properly you could still lose, which means that “properly” includes setting up the record on appeal.

The people who have sought advice and counsel on strategy and potential scripted arguments have had far more success than those who get a report and try to present it without proper argument, and without proper objection to the opposing counsel’s remarks. If you want to win, talk to someone who is an experienced litigator and who has investment banking credentials. If you want to save money, you might just as well stay as long as you can without paying and not go through the steps we recommend on this blog. “I can get it for you cheaper” is an invitation to disaster. The author of the cheap report can be easily destroyed on the witness stand in cross-examination.

Lastly, I am struck by the number of people who ask for a consultation but have never read this blog and who don’t read other materials except what they find in newspapers and TV. If that is all you are doing, you are failing to educate yourself, which is the key to realizing that you are not a deadbeat, that you have rights to enforce, and that it is right to enforce those rights because you are preventing a crime.

The winners’ circle includes educated people because they have been reading and thinking. It includes people who became a member of this blog and who participate in the membership conferences (see “Events” page).

2 Responses

  1. TMT,

    You ought to be worried. I still have an old Wells Fargo non-satisfied lien on my house, dating back 4 years before I even saw and bought the damn house. How do I know? It still shows “active” on MERS and the recorded does not have the satisfaction of mortgage in the file for the property.

    It’s not even that it was “robo-signed”. It simply isn’t there. Is it any wonder I’m not paying anyone anymore? For all i know, WF will contact me with a NOD one of these days…

  2. Do you do the analysis from the two previous owner back of the property that I own? The lien was lifted by robo-signer from NTC. I doubt about the chain of title to the property.

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