I’m Back

Thanks once again to all those who wished me well. Your wishes worked. Publication of articles will resume as early as today. I was released from the Hospital on Saturday night and I am well on the way to being mended.

As an aside and without going into details if anyone is taking or has taken the injectable drug Victoza (for Type 2 Diabetes) and has experienced symptoms uncharacteristic of their health profile I ask that you send me an email at neilfgarfield@hotmail.com. Anyone taking that drug should consult with their physician after reviewing (Google it) the side effects.

49 Responses

  1. That’s right Marilyn, they ignored all of the laws of this land and that does not make what they did legal. The Ultra Vires contract is another theory not based in law or fact. As Marcy Kaptor said …. if your lawyer can’t put his or her finger on that mortgage, they don’t have that mortgage. They don’t have the piece of paper up there on Wall Street.

    May I add….That piece of paper they “don’t have up there on Wall Street” is…… THE LEGAL ASSIGNMENT…..THE SECURITY.

  2. September 5, 2011
    The abominable banking system that is in place today, gives a bank great incentive to foreclose on an Ultra Vires contract, as the bank demands lawful money returned for the unlawful money lent.
    By what Authority are the Banks doing this? There is no authority for doing this. This is in complete prohibition to Art 1 Para 10 Cl1 of our US Constitution.
    All of our cases with slightly different facts all stem from the same Fraud.
    The Bank did not lend you LAWFUL MONEY but the Bank intentionally wrote
    a bad check and gave it to you –to circulate as money
    I certainly did not know this kind of fraud was going on when I signed my mortgage and note. Did you?
    The Mortgagor puts up a down payment, the Mortgagor pays a lot of fees and probably paid an attorney to represent them, all in order to get this bad check
    Would a Mortgagor have put in all that money, if one knew the truth of how the Banks ran their illegal business. I bet not.
    Did anyone notify you after that big day – the Banks check bounced – of course not. When the check that the Bank wrote came back to the Bank that wrote it, the bank didnt say we only have 5% , if that much and it was not stamped insufficient funds the bank stamped it paid
    So since the Bank did not have the money sitting in the banks account when they wrote the check, what the bank gave you is their credit.
    That is exactly what is prohibited by Art. 1 Para 10 Cl 1 of the US Constitution.
    What authority gives the Bank the right to make contracts with bad checks
    Nothing- Nada.
    Lawful money is needed to make a contract valid.
    Over and Over Mortgagors gave a Bank a mortgage on their castle , in return for a Bank giving you a credit entry on their books and charging you Interest on this credit. Also illegal.
    Did the Bank give you lawful money or is that what you got, credit?
    Banks are not allowed to lend their credit- Banks are in the business to lend
    lawful money There is not a Bank charter that allows a Bank to lend their credit.
    And as we continued to make monthly payments the Bank collected more money on their fraud.
    You try writing a check when you dont have funds sitting in your account to cover it.
    You can be sure that check is coming back markedinsufficient funds You are not allowed to do it and either is a Bank.
    This scam of Ultra Vire contracts caused injury to us, the true homeowners.
    In addition the banks are laundering bad checks.
    The Banks violate Truth in Lending Laws.
    The Banks are collecting Interest on money that doesnt exist. (Lending you 5% and collecting Interest on 95% of thin air)
    And once the Bank gets their Ultra Vire contract going, they start flipping them to MERS, Securitizations , Wall Street, Title Companies etc. there is no shortage of people all wanting to get their piece of the illegal profits.

  3. Clearly I understand there are no mortgages.

  4. The truth is not being disclosed regarding these fraudclosures…What is being covered up is who the lender is…. We The People, the borrower is the FED. Time we sent them a notice of default.

  5. Clearly Stripes you don’t understand mortgages. The contract between the borrower and lender gets enforced all over America.

  6. I just explained it. If the Security was not created by the Issuer, they misrepresented the contract. As a result, there are no legally enforceable contracts. There are no claims in equity for a non existent contract.

  7. explain the connection between securitization and equitable claims IN THE CONTEXT OF FORECLOSURE.

  8. DEFINITION….Condition Precedent….1.) In a contract, an event which must take place before a party to a contract must perform or do their part. 2.) In a deed to real property, an event which has to occur before the title (or other right) to the property will actually be in the name (vest) of the property receiving title.

    That event is Securitization ..

  9. The FED switching parties by hijacking the Treasury doesn’t give them standing.

  10. Ha….how much are the banksters paying you to cover up for their fraud? Securitization has everything to do with any equitable claims. The debt the banksters created by committing fraud is massive, unsustainable and supersedes any and all collateral on the planet. A quadrillion dollars in derivatives fraud created by the banksters means they can all go to hell.

  11. Earth to Stripes,
    WHAT DOES SECURITIZATION have to do with whether the borrower owes the mortgage debt and MUST FORFEIT the collateral for defaulting on that debt? Anybody with two brain cells to rub together should “get it”: securitization has ZERO to do with the validity of the mortgage debt and that;s why courts trounce securitization arguments in foreclosure defenses, and then grant foreclosure to the bank.

  12. The properties are securitized to We The People. What the banksters did is gamble with our unauthorized signatures. They don’t own anything but a lot of debt as a result. They don’t want to pay their bills.

  13. The truth is clear, Neil is an expert and the bozos don’t like it.

  14. Securitization is the creation of the Security by the issuing bank and is required by law if the Issuer wishes to convert, sell, swap, issue, invest in or sell investments in our properties in any way, shape or form, they must pay Due Consideration to the Treasury Dept. Creation of the Security means ownership of the “loan” and is the tort to the contract, the condition precedent that makes the contract legal. Without the creation of the Security in regards to real property, the legal assignment, the former & the latter are a nullity. Null & void. These foreign imposters could not legally own anything in America or that would be an Act of War on our Constitutional Republic. Securitization is not legal under U.S. & Common Law said Neil.

  15. In what way does securitization constitute any breach of contract with or tort against the borrower? By what magic did the borrower become a party to Pooling and Servicing Agreement? How does the securitization or securitization flaws like REMIC violations injure or damage the borrower? Why have the courts CONSISTENTLY ruled against such foreclosure defense arguments, as documented in part at
    http://bobhurt.wordpress.com/2013/04/27/neil-garfield-expert-or-bozo/ ?

  16. Hi Neil, praying for your continued recovery, and that you’ll have the support around you that you need. Thanks for years of information and inspiration , we love you and God bless you !

  17. The truth is Neil & a few others were way ahead of these crooks. Lack of Standing, Tort, breach of contract are all a result of the Securitization scam & that is the first place issue. This fraud has many dimensions to it but, all in all it is the same argument. The banksters failed to create the security as the law requires. As a result there is no tort, they breached their contract with We The People and have no Standing.

  18. Allow me to clarify what I meant in my earlier comment …. the drug companies treat the symptoms of the illnesses and not the causes of the illnesses. It is said the cure for everything is in nature. So much for all of their technological advances. They are for the most part not necessary. Prevention and early detection is more money making bullshit because they cause the illnesses for the most part. They are manipulating our DNA and poisoning our environment in many ways. Corporate America is the devils work.

  19. Oh Yea……….two Teaspoons of Apple Cider Vinegar a day!

  20. Diagnosed as a 2, put me on Glimpride + Metaformin ( 50 & 500 mg ). Got off Wheat & Sugar in favor of Beans,cabbage, spinach, Fish chicken, NOW IM OFF THE MEDS!! Blood sugar staying in check at normal levels. Got to get ass up, and move around, lift weights, get in the Routine, and Loose the weigh.

    It will happen.!

  21. Mary blessings Neil!!!

  22. Jackass for what? I believe the courts have spoken loudly and clearly for years on the frivolous nature of securitization arguments in defense of foreclosure. They have singled out Neil Garfield in numerous cases as the source of failing causes by foreclosure victims. True, most simply badly litigated their cases, but the causes would have lost no matter how adroitly litigated. Why? Because securitization arguments are frivolous and NEVER result in financial compensation to the borrower (or the house free and clear). Take note that the ONLY valid block to foreclosure is lack of standing, but the right plaintiff can always cure that, refile, and win.

    I have brought this up because of the demonstrable fact that the foreclosure/mortgage victim ought to find causes of action underlying the mortgage (not the foreclosure) and attack the lender based on those. But the foreclosure defense industry, spearheaded by Neil Garfield, virtually ignores that. And so it has not developed the expertise needed to examine mortgages comprehensively and litigate based on the causes found. Defenders prefer to bilk their clients with cookie-cutter pleadings for as long as they can keep them in the house, and the foreclosure victim nearly ALWAYS loses the house as a result.

    Thus, the foreclosure defenders become the real jackasses. I think their clients should sue them for legal malpractice for failing to examine the mortgage for breaches, torts, and errors by the lender and lender’s agents.

    Of course, I see Neil Garfield as a really nice man. But I believe he misguides foreclosure victims by NOT focusing on attacking lenders for torts, breaches, and errors underlying the mortgage. Thus the question: Neil Garfield – expert or bozo?

  23. That was my way of saying glad you’re back, NG!

  24. bob hurt: jackass supreme or just jackass? I’m busy right this minute but that won’t always be true…..

  25. Oh, I forgot to add—diet drinks are the WORST thing—the artificial sweeteners are highly toxic, AND they actually make you HUNGRY!!!

  26. To Neil and anyone else who is concerned about obesity, diabetes, and ALL health issues in general:

    PLEASE watch a documentary called “Hungry For Change”.

    Also read “The Blood Sugar Solution”.

    You can reverse type 2 diabetes in ONE WEEK. I’m not kidding.
    But—you have to stop ALL CRAPPY FOOD and ONLY eat GREEN vegetables, fruits, gluten-free bread, brown rice, protein, etc.
    THE WAY GOD INTENDED US TO EAT…not corporations!!!


    Those things are KILLING US.

    The FDA doesn’t give a CRAP about what they say it’s “okay” to eat—they are a corporation working for the food industry…MSG and all the preservatives and wheat gluten products ARE MORE ADDICTIVE THAN HEROIN. This is a medical FACT.
    Big Pharma and the medical industry is SO HAPPY that we are obese and addicted to high-fructose corn syrup, msg, and wheat gluten products…they get rich, and we get sick…and die.

    I’m telling you, people—I have done this and it has changed my health so dramatically. Believe me—if you want to feel better, look better, lose wieght (it just happens naturally when you eat like that!) and be really healthy—you MUST look into those things I mentioned—and help your family and friends to learn about it, too!

    After a while you start to crave the GOOD stuff—and the sugary treats and chips and crackers and pizza start to look really gross…I’m serious!

    Okay, I’m off my soap box—but Neil—please, please look into it and really do it!!!
    We need you around!!!

  27. Keep pushing to be better, you will succeed…too much info out there now to not be in better hands. Stay well. We all need each other.

  28. I am glad you are back, I hope you stay healthy forever and ever, and you keep doing exactly what you have been doing just keep sticking it to the big banks, mers, and all who are forging, fabricating, and altering documents at, and after closing. keep it up

  29. ****************************************************************
    ************** READ THIS **********************************


    Newly Discovered Hormone Could Become Wonder Drug Against Diabetes

    Text Size – +

    Mark Hoffman
    First Posted: Apr 29, 2013 02:01 AM EDT

    A major research breakthrough was achieved in the field of diabetes by scientists at the Harvard Stem Cell Institute (HSCI) who discovered a hormone that could soon enable a dramatically more effective treatment of type 2 diabetes.

    A hormone called betatrophin was surprisingly found to cause mice producing insulin-secreting pancreatic beta cells at up to 30 times the normal rate. The new beta cells only produce insulin when called for by the body, offering the potential for the natural regulation of insulin and a great reduction in the complications associated with diabetes.

    Like Us on Facebook

    The astonishing results of HSCI co-director Doug Melton and postdoctoral fellow Peng Yi, published in the journal Cell and supported in large part by a federal research grant, already attracted the attention of drug manufacturers which could lead to speedy clinical trials.

    “If this could be used in people,” said Melton, a Harvard professor and co-chair of the University’s Department of Stem Cell and Regenerative Biology, “it could eventually mean that instead of taking insulin injections three times a day, you might take an injection of this hormone once a week or once a month, or in the best case maybe even once a year.”

    (Photo : Flickr.com/Jose Gulao)

    Type 2 diabetes is a disease where patients slowly lose beta cells and the ability to produce adequate insulin due to a combination of overweight and lack of exercise. One recent study has estimated that diabetes treatment and complications — just one element of the national obesity epidemy — cost the United States $218 billion annually, or about 10 percent of the nation’s entire health bill.

    “Our idea here is relatively simple,” Melton said. “We would provide this hormone, the type 2 diabetic will make more of their own insulin-producing cells, and this will slow down, if not stop, the progression of their diabetes. I’ve never seen any treatment that causes such an enormous leap in beta cell replication.”

    The scientist hopes that the hormone could also play a role in treating juvenile diabetes type 1, the disease that afflicted two of his children and that he originally focused on for that reason — for 15 years now.

    “We’ve done the work in mice,” Melton said, “but of course we’re not interested in curing mice of diabetes, and we now know the gene is a human gene. We’ve cloned the human gene and, moreover, we know that the hormone exists in human plasma; betatrophin definitely exists in humans.”

    While more research is needed before the hormone could be available as a drug, Melton stated he hopes that betatrophin could be in human clinical trials within three to five years, which would be a very short time in the normal course of drug discovery and development.

    Working with Harvard’s Office of Technology Development, Melton and Yi already established a collaborative agreement with Evotec, a German biotech firm that now has 15 scientists working on betatrophin, and the compound has been licensed to Janssen Pharmaceuticals, a Johnson & Johnson company that now, too, has scientists working to move betatrophin toward the clinic.

    The discovery of betatrophin is also an important example why federal funding of basic science research is absolutely crucial, as it is the result of open-ended research without any guarantee for results. According to Melton, his proposal was titled “Searching for Genes and Compounds That Cause Beta Cell Replication”, which convinced National Institutes of Health grant reviewers, receiving federal funding for 80 percent of the work leading to the discovery of betatrophin.

    “At a time of great uncertainty for federal research funding, the discovery of betatrophin is a reminder of the importance of basic research,” stated Harvard Provost Alan Garber. “Were it not for a National Institutes for Health grant, this promising new approach to treating diabetes might never have come to light.”

    As is often the case in basic science research, serendipity played a role in the discovery of betatrophin:

    For more than 15 years the major focus of Melton’s work has been not type 2 diabetes but the less common type 1, or juvenile diabetes, which he began focusing on when his son was diagnosed with it as an infant. (The disease later was also diagnosed in his daughter.) Additionally, most of Melton’s work has involved using stem cells, the fundamental building blocks of all human organs, as disease treatments and targets for drug discoveries. But stem cells played no direct role in the discovery of betatrophin. It was, rather, a classic example of scientists with sufficient resources asking questions, and pursuing answers, that fell outside the usual scope of their laboratories and institutes.

  30. While you were out I wrote this assessment of securitization arguments:

  31. OMG, glad you are ok! Jaime

  32. Very glad to have you back … I have relatives with diabetes … as far as diet help goes I would suggest “bitter melon” , awful tasting stuff as the name implies but it has helped my relatives stabilize their sugar levels. (you can find it in the spanish markets) … “Momordica charantia”

  33. Good news, Neil. I’ve been following you for a long time and your great blog.

  34. Wishing you the best. A fast recovery.

  35. Cinnamon is supposed to lower blood sugar naturally. I overheard some emergency room nurses discussing it one day. The one nurse remarked that cinnamon was working. There are lots of natural cures we never knew about. The drug companies treat the symptoms and not the illness in most cases. I read that Type 2 diabetes is curable. My dad has Type 1 which actually destroys the pancreas. It runs in my family. My great Grandfather, my Grandfather my Dad and his sister all battled with Type 1 diabetes. My dad had kidney failure after open heart surgerey a few years ago and had to be on dialysis and had a kidney transplant. There is alot of info out there nowadays and I hope you can find the proper treatment and cure this Neil.

  36. We are happy you are back!! Thanks for all your help and work. Take care of yoyrself!

  37. i didn’t know you had a sugar problem or a problem with a medication but glad to hear you are feeling better.

    check it out.

  38. Neil,
    found out 4-25 developer (had option to purchase, they did not fund escrow,I retained attorney, they filed suit against me have spent $25,000 cant continue broke) contacted Bayview ( supposedly in Dec 2012) to purchase my property Bayview is acceptable to sell to them SO NOW I no longer have any leverage or possible negotiations with subservicer- have a Settlement conference scheduled this week with developer – NOW developer does not want to settle ( why should they it has been their plan all along to wait for forclosure, they filed lawsuit stating fraud, fraud in the inducement, misrepresentation etc…(all lies) I am an honorable woman .I already gave developer termination of a deed restriction ( no dwellings under 1000 s ft) 1st settlement Judge told me “Big guy against little guy ” “My heart goes out to you but DO NOT EXPECT JUSTICE” … Cant take it any more Neil these 2 cases running side by side where is the law when you need it? developers attorney shouldn’t even be representing them knowing its frivolous, I should be able to sue developer for slander , damages etc… but that is all a fairy tale because the real world is IF YOU HAVE THE MONEY YOU CAN DO WHAT EVER YOU WANT INCLUDING POSITIONING A LONE WOMAN WHILE HER HUSBAND IS UNABLE/ON HIS BACK IN BED TO TAKE HER PROPERTY while she is taking care of bedridden husband, young adult children, teenage children, toddler grandchildren (all living with) and maintaining acres of land (with no tractor) yea its a pity partyand YALL INVITED

    I am ready to put on a sandwich sign and head out to San Diego we have got to get the medias attention on this I cant beleive that we WE THE PEOPLE are uncapable of spreading the word of what is going on here. I am a strong woman but they have got me down how many of these have we all heard???
    Its SICK hearing the desperation i my voice as I write this sickens me I now know what it feels like and it angers me thinking of all THE OTHERS I want to do something to help stop this so back to the money trail –
    2 choices – bankruptsy( may stop lawsuit and bring creditor to me) or quiet title / with you as expert witness and audit

    I dont have much time my conference is on thursday so talk to me Neil

  39. Welcome back Neil…You are an amazing man, and contribute so much…We need you healthy!
    ALL drugs are last ditch efforts to get your money….by Big Phaarma, not to get you healthy…..There are parrallels in big pharma and the banks, Neil. Type 2 diabetes is/can be controlled by diet and exercise, in most cases. Dr, Mercola has a lot of info on his web site…Mercola.com.
    Dr. Doug Mcguff is interviewed by Mercola and can be seen on his website. I have done the Body by Science workout for a year…15 minutes a WEEK…IE once every 7 days.It will re-boot your body in ways you will be AMAZED about. and you will be stronger than you have ever been….Check it out…If you look at all of prescription drugs, and the side effects, you will NEVER want to take another drug again. The side effects are often worse than what is being treated.
    Godd health to you Neil. A bit of good information, acted on, can be a life saver.

  40. Many blessings Neil!

  41. Happy to hear you are feeling better Neil. Please get well soon!

  42. Neil,
    My cognitive skills have been deteriorating , usually standard decriptive words are lost . I know thats off the wall but I keep hearing your words
    and … yea you have cheated death my friend what does it feel like to have so many need you? For so many of us I included would have no clue yes there are many that need you keep up the good work God Bless us all Bev

  43. get well soon……….

  44. Wishing you all the best. Take care. Rich and Charlie Engle

  45. I’m happy to hear that you are alright. Take care of yourself. i dont want to sound selfish but we need you around to help win this fight.

  46. We all wish you good health.

  47. You were missed. Glad to hear you are on the mend. Something interesting has happened, facebook is now saying all wordpress articles are spam. So, it is interesting how main media is fighting back those of us working in the trenches. Carry on!

  48. Good to hear Neil. Stay healthy. We need you.

Contribute to the discussion!

%d bloggers like this: