Tonight! Is Foreclosure Defense on Life Support?The Neil Garfield Show 6pm EDT

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All foreclosure cases are on life support. In all cases you need to do the proper investigation, analysis and legal research. But the key component is persuasive presentation. In banks vs. homeowner the banks win on persuasive presentation. Tonight we talk about how to lose and how to win.

The banks start off with a case that cannot be won if all facts were known and applicable law was used. The banks do it by sending in lawyers with carefully worded scripts to give the impression that this a standard foreclosure for nonpayment of a debt. They have memorandums of law and cases (they rarely cite to statutes) that create the illusion that (a) the foreclosure is inevitable and (b) the homeowner is trying to buy time or get some undeserved leverage.
The homeowner usually spends all their time and money collecting facts and getting snippets of analysis off the internet. Neither they nor their lawyers spend any quality time on presentation. As a result the defense is what I call a “yes but” defense. As soon as you say yes you are buried. The “but” means nothing. And that is how the case ends up on life support.
The homeowner can get off of life support and put the banks on their heels only by knowing and believing that the foreclosing parties either don’t exist and/or don’t own the loan, debt, note or mortgage. Knowing and then acting on that knowledge is the key to a successful foreclosure defense. Under intense scrutiny the case for foreclosure is sufficiently undermined to make it impossible for a judge to rule in favor of the foreclosure sale.
Yes you have bias, but bias can be overcome and frequently is overcome when inconsistencies are revealed in a persuasive manner that makes the judge uncomfortable, in this particular case, to rule on bias.
Here is how to lose: conspiracy theories, disorganized presentation leaving the judge guessing what you mean, default, failure to follow court order, failure to file motions when the opposition fails to follow court order or rules of civil procedure, failure to object, failure to follow up on cross examination, and the big one, failure to know and understand the case against you.

10 Responses

  1. I disagree that homeowners lose due to poor representation. And here are huge conspiracies between banks and judges. Until judicial corruption and fraud upon the Court by banks are the Rule of Law nothing will change. Banks will bribe judges and politicians and do anything they want.

    I strongly objected my case, with facts, laws and material evidence.

    In 2013 (!) told the judge that the plaintiff does not exist and my case is a pure fraud. Judge Robert Senechalle, laughed in my face and asked “Deutsche Bank does not exist?” I said “No, The Trust does not exist”.

    Senechalle (a member of IL Mafia operated by Big Boss Mike Madigan whose daughter Lisa Madigan is IL Attorney General and covers for her Dad and his friends corruption) ignored me completely, criminally concealed material evidence from my case records, “forgot” to tell that his family is related to Wells Fargo bank lawyers (his brother-in-law was a top partner) and even invited an impersonator Michael O’Malley (also Madigan’s Mafia member) to pose as a “criminal prosecutor” who will hold me in “contempt” with his void order. O’Malley just lost his judicial election and was obviously courting a vote to be assigned as a Judge through Boss Madigan’s connections.

    IL Appeal Court (mostly members of Boss Madigan’s Clout) never saw the document based on which Judge Senechalle ruled in favor of the racketeers – and never asked to this document while at least 6 judges received substantial amounts of money from Wells Fargo bank lawyers Mayer Brown LLP.

    JUDGES threatened, harassed, wrongfully arrested me on regular basis trying to deprive from my rights to Justice even though nobody still cannot produce the document based on which my property was stolen by JUDGES.

  2. Since my property was stolen by Judges who ruled in favor of some criminal organization – I will sue the new property buyer and the realtor who sold this property for Quiet Title; criminal conspiracy, aiding and abetting fraud, and possession of stolen property

  3. Phyllis, report your attorney.

  4. I listened in last night – it was exactly what I needed to hear as my case seems to be on life support. I’m in Suffolk County NY. Fighting since BOA instructed me not to pay my mortgage in 2008. MERS transferred to Resurgent, Resurgent to Shellpoint “for value received”. On my third attorney. Plaintiff asked for summary judgement and we never answered. Now I’m being told that it’s out of settlement conference and being decided. I’ve been asking my attorney for months but he hasn’t addressed why we never answered. I hope I just didn’t lose the case because of what you said about appeals. I tried to find an attorney here who “gets it” but I don’t think I did yet. They all seem to want to buy me time or get a mod. I’ve been offered 2 outrageously ridiculous mods. I followed the bank’s instructions and they deceived me. I had a verbal trial in 2009 that disappeared and the OCC gave me $1,000 bucks. Yay me. Anyone have any advice?

  5. Even if find loan in trust – it is just a front. No money being passed through. It was a parking place to hold debt securities.

  6. Can’t dispense legal advise from Wisconsin, Leo, as I am not an attorney. Expect all the “taken under advisement” language as cover for “I’ll play along to look fair, but you’re DEAD TO ME, MR. HOMEOWNER!”
    Chain of title (to the alleged debt) is the attack, and BK Court is the right place to fight financial fraud, but land-title issues are usually kicked back to state court. Did you find your loan in the alleged trust? Another trust? Have no idea?
    Better have evidence and get it noticed, as in Request for Judicial Notice (read the rules)
    And, maybe I’m talking out butt….

  7. Everyone should vote, but voting will not help the situation as both Dems and Reps simply don’t care.

    The thesis has been — you don’t pay – you lose.

    No one cares that people became trapped in high interest rates with collapsing home values — due to the fraud that was ignored for a very long time, and even promoted, by both Dems and Reps.

    I am convinced that no one can help but Neil. But, Neil has to understand that the loans, particularly refinances, in these bogus trusts, were fraudulent from the start. The borrower DID NOT pay off the prior “loan” as was required and stated at refinance closing. Until this is really emphasized, judges will remain in la la land, and continue to point finger at the homeowner because they can’t continue to pay high rates – to, basically, a hidden entity.

    The problem has compounded because it also affects paying borrowers and TITLE. I hear story after story of people now stuck in loan mods at still high rates who can’t refinance. They can’t get out of the loan mods. Why? The “debt” cannot be corrected until there is full payoff or foreclosure. But, title cannot be fixed. Tile can never be fixed. This is not just about standing, but about corrupted land title all across the country.

    I have learned, and warn – NEVER NEVER, pay the wrong party. You will ALWAYS remain in recorded default. Once default is recorded — it cannot be changed. Distressed debt cannot change its path.

  8. Go out and vote as it may be known that many poor and middle class don’t vote.

  9. It’s DOA.

  10. Thank for another valuable lesson,

    I need all the help I can get for next week’s critical hearing on my Quiet Title Action in BKR in Alaska, and while the court has taken the POC, and motion to lift stay under advisement.

    Also, Bank of America has filed adversary action against me , I filed answer and counterclaims, they filed motion to dismiss counterclaims which is under advisement now also, but the court has ordered the bank to amend their complaint on 9/14 and they have not done so, should I file a motion to dismiss their action for failing to follow judges orders or just bring it up next Wednesday hearing?

    Thank you very much,

    Leo Blas

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