Tonight! Legal Presumptions — The Key to Winning and Losing Foreclosure Cases

Thursdays LIVE! Click in to the Neil Garfield Show

Tonight’s Show Hosted by Neil Garfield, Esq.

Call in at (347) 850-1260, 6pm Eastern Thursdays

Tonight We’ll talk about how to understand and use legal presumptions to defeat illegal foreclosures. The key to persuading the court is logic applied to everyday experience. And remember that the key in every foreclosure is the money trail. That means who paid for the debt, and who now is carrying the debt on their books as a loan receivable which has not been sold.

It is not enough to deny or even assert an affirmative defense that the party claiming the right to foreclose does not exist, or that they have no legal claim or that they have not paid value for the debt. And those who ask “how do  I prove that?” are asking the wrong question. You can’t prove it unless they admit it and they will never do that. But just as legal inferences and presumptions can be used against you, they can also be used for you and against them.

Through the careful and aggressive use of discovery you can raise the inference that they don’t own the debt and therefore that they have no claim for foreclosure.

3 Responses

  1. WHAT TO ASK TO OVERCOME PRESUMPTION INCURRED
    THAT vALUE WAS PAID AND REQUIREMENT OF REAL LOSS OCCURED

  2. Java — I have not heard of. But courts invent whatever.

    I am really looking into this “Trustee for BS trust” representation. Think all a farce. And – you know the new thing is — “not in individual capacity but solely as trustee.” Saw case in Maine. They questioned — what the heck is the difference?? Case settled so don’t know. But something very wrong with representation.

  3. Has anyone ever hear of a Preliminary Motion of Summary Judgement made by a judge in a fraudclosure case before the MSJ date and then you must request oral arguments if you disagree with the Preliminary (and awful) decisions ?????

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