Happy New Year!!!

May the new year bring justice and peace.

I have done my best this year despite multiple distractions. I promise to continue the effort and assist homeowners and lawyers  to the best of my ability.

A big thank you to everyone supporting this blog and my work.


Neil Garfield

37 Responses

  1. Sending big LOVE. You are my hero.

    I have such passion on this subject. God Bless you.

    On Thu, Dec 31, 2015 at 2:09 PM, Livingliess Weblog wrote:

    > Neil Garfield posted: “May the new year bring justice and peace. I have > done my best this year despite multiple distractions. I promise to continue > the effort and assist homeowners and lawyers to the best of my ability. A > big thank you to everyone supporting this blog and my” >

  2. Main menu
    Skip to content
    Industry Developments
    Asset Management
    About Us
    Orrick Global

    ResCap Liquidating Trust Repurchase Lawsuit Survives Motion to Dismiss in Part
    Posted on February 9, 2015
    by Daniel Robertson and Paul Rugani
    On February 3, Judge Martin Glenn of the United States Bankruptcy Court of the Southern District of New York denied defendants’ motions to dismiss four adversary proceedings brought by the liquidating trust for Residential Capital LLC against several originators of residential mortgage loans. The court ruled that the ResCap Liquidating Trust was the real party in interest and therefore had standing to pursue claims against the originators for breach of representations and warranties. The defendants also argued that the Trust lacked standing to sue with regard to loans that had been securitized, because a predecessor ResCap entity had assigned its rights concerning those loans to third-parties. The court rejected this argument, holding that the scope of the assignments raised factual questions that could not be resolved at the motion to dismiss stage. The court granted defendants’ motion to dismiss claims with respect to certain loans as time-barred, holding that New York’s six-year statute of limitations expired as to all loans sold to ResCap prior to May 14, 2006 (six years before the adversary proceedings were filed). Finally, the Court declined to rule on the scope of the remedy available to the Trust at the pleading stage. Memorandum Opinion and Order.

  3. D. Cancellation of Securities, Indentures, and Other Documents Evidencing Claims
    and Equity Interests
    Subject to the assumption of Executory Contracts and Unexpired Leases as set forth
    in the Plan, and except for purposes of evidencing a right to distributions under the Plan, on
    the Effective Date, all notes, stock, instruments, certificates, indentures, guarantees, and
    other documents or agreements evidencing a Claim against or Equity Interest in the Debtors
    will be deemed automatically cancelled with respect to the Debtors and shall be of no
    further force or effect as against the Debtors, whether such document is surrendered for
    cancellation or not, and the obligations of Ally, the Debtors, or the Liquidating Trust,
    thereunder or in any way related thereto will be discharged.

  4. Based on a comparison of Mortgage Industry Advisory Corporation (MIAC) cost per non-performing loan as of the second quarter of 2012 to Ocwen’s marginal cost study for the same period, our cost of servicing non-performing loans is approximately 70% lower than industry averages. This provides us with a substantial cost advantage in servicing non-performing loans, largely as a result of proprietary technology and processes that we have been developing for decades. The technology we lease from Altisource integrates artificial intelligence into the borrower communication process, driven by behavioral and psychological principles, that enhances our ability to provide dynamic solutions to borrowers. These tools are continuously improved via feedback loops from controlled testing and monitoring of alternative solutions. By using these capabilities to tailor “what we say” and “how we say it” to each individual borrower, we create a “market of one” that is focused on the unique needs of each borrower. As a result, we are able to increase borrower acceptance rates of loan modifications and other resolution alternatives while at the same time increasing compliance.

    Our principal executive offices are located at 2002 Summit Boulevard, Sixth Floor, Atlanta, GA 30319, our telephone number is (561) 682-8000 and our web address is http://www.ocwen.com.

    Summary of the Offering

  5. I am hoping for a reappearance of adults among the voting population of this great country who will consider the future of our progeny in their decisions today. This basis of morality is sadly lacking in our lives, and was a great fear our Founding Fathers had for us when they implemented our constitutional republic. I pray their fears don’t come to pass.

  6. Thank you as you are helping me and my family immeasurably in trying to keep our home. Regards and Best for 2016.

  7. And to you and yours! A very blessed year to come! My name is Lisa Renner and I have followed you since 2008 I believe. I am not a lawyer but a gal who didnt know anything about the mortgage/real estate business until I bought my first condo in 2004. you have taught me alot but with a condo only worth 35K today…I never say my day in court with BOA. I am the small guy….but have all my documents to prove…..I was wronged. Maybe this will be my year Neil to see justice. God bless~

  8. Happy New Year Neil.I live for your emails. Would like more info on how to file a rescession by an single person.

  9. Happy new year Neil and to all of your followers. Is it possible for all of us to collaborate on a book/ movie. Things will only change when the world see the whole picture of the suffering individuals, intentional systemic greed and lawlessness. We have the technology to expose this betrayal , lets stay on point, unite, make it happen and get PAID.

  10. I don’t know if we will ever have justice. Thank you for all you work.

    Happy New Year. Inner peace!


  11. This site has been an anchor for me since I found you in 2009. I check in numerous times each day to try to learn from everybody.

    Thank you hardly enough says it, Neil. Thank you all.

  12. Thank you as your information has helped our family immeasurably.
    Here’s to a great New Year for all, especially you and your Family. Mary

  13. Happy, Healthy, Successful New Year, Neil. Bless you for the amazing work you do! Without you we’d have been homeless long ago. We’re still in the game. “Bank” moving toward foreclosure despite TILA Rescission recorded at County. Much love, Andrew & Connie

  14. i thought this was Kislev – Tevet, 5776, Rosh Hashanah having already passed, and we just being quiet observers of the parallel world of the goy tonight?

  15. elaine in baltimore happy new year and to all as well couldnt have said it better !!!!DITTO thankyou

    indy mac /one west stole our sunshine in cali

  16. Thanks Neil! I’m with you 👍🏿👍🏿

    Sent from my iPhone


  17. Neil godbless you and your family. Happy New Year. I look forward to working with you in any way I can help in 2016. Keep up the great work.

    Fred Montano in New Mexico 505-401-6189; fmontano7@gmail.com

  18. Thank you as you have helped me and my family immeasurably. In 2016 I hope to donate to pay it forward. Happy New Year !

  19. Thank you, as this website has been immeasurably helpful to me and my family. In 2016 I hope to donate here to pay it forward. Happy New Year Neil & Family. Mary

  20. Happy New Year Neil to you and your!

    Happy Connecting. Sent from my Sprint Samsung Galaxy S® 5




  22. Neil, Thanks for all you do. You have made a big difference in my situation although I have never commented about it. I will have some big news for you to share in the 1st half of the year.

    Thanks, Steve

    Sent from my T-Mobile 4G LTE Device

  23. Thank you Neil for being there to help and support us in this battle for justice. You offer so much more than knowledge….you are a true inspiration to all of us to continue this fight. Have a safe and Happy New Year and we all are joined in the prayer that the New Year brings more truth to the light of day. Thank you for helping me learn how to be a strong American and stand up for the rights our forefathers fought and died giving to us. My fight continues.
    Happy 2016!

  24. Keep up the great work Neil! Happy New Year to all.

  25. Thank you and Happy New Year!!!

  26. Thank you very much. You have helped me immeasurably and when able will contribute funding to this site. Paying it forward. Mary

  27. Mr. Garfield,
    I have called your office more than several times trying to get a referral for a competent, experienced attorney in Burbank, California. To this date and time no one from your office has contacted me. Why?
    Dr. James Chappell

  28. Happy New Year to you, too! And thank YOU for your deep knowledge, weathered insights and advice, and for being so gracious in sharing your self with those needing help!


  29. Happy New Year Neil family and company
    Thanks for the great job

  30. Best Wishes Neil. I love that you have never changed the story of what happened and what lead up to the ‘crash’ since 2007. You knew all along what had happened and why. In the face of ridicule you never once wavered or backed off. In my opinion that makes you a brave man and a hero. I don’t know how you do it but keep fighting the good fight. It’s too late for me – frankly, like most, we just ran out of money – but I keep reading you every day any way.

  31. HAPPY NEW YEAR, and may you be in the best of health for the coming year and years to come!

  32. Well, Happy New Year to you too Neil, I hope you could help me. I hope you are my angel that will save my house.

  33. Thank you Neil for your legal blogs on these important matters in foreclosure defense. Your blogs keep us followers excited that there are ways to counteract TBTF. May you have a joyful new year and we look forward to bigger legal wins for the homeowners who have been taken to the cleaners by Wall Street and the banks.

  34. Happy new year to you too Mr. Garfield. May God bless you and your family for all you do for the people of this country and beyond during these difficult times.

    Warm Regards



  35. Your website is very helpful….and wishing you a very happy new year. Sheri

Contribute to the discussion!