Banks and Foreclosure Mills Stepping Up Attacks on LivingLies Through Proxies

Apparently my most recent posts have produced a flurry of activity from proxies who are supported by investment banks acting through their conduit Servicers and Foreclosure Mills. They are aiming to discredit my academic and practical research and analysis into the securitization of debt and the impact on foreclosures of real property.

So the main point is that nobody with credentials equal to or exceeding my own has come out and said or explained why I am wrong about anything I have written. Nobody ever, despite the fact that I have filed declarations in hundreds of cases. If I was wrong it would seem that the obvious strategy would be to show that I was wrong rather than calling me names. Another obvious strategy would be to explain how I had duped senior judges into ruling in favor of borrowers. But that hasn’t come up either.

If you have any actual questions about the veracity of any allegations against me or LivingLies please write to me at Most of the “new” stories merely recycle old stories, some of which may have a grain of truth as to past employees. But there are a few new allegations, or at least to new to my eye. Some of you are forwarding them to me.

As the old saying goes, the more flack you get the more certain you can be that you are over the target.

My latest salvo encouraging lawyers and homeowners to simply demand answers to questions and demand documents for production to show actual transactions where money exchanged hands seems to have disturbed a lot of people. While the untitled and frequently unidentified authors use the word “fraud,” they do not point to any benefit we received on account of such encouragement. On the contrary, the benefits flow entirely to the lawyers and homeowners who use such strategies.

Add to that my suggestion that homeowners might consider demanding disgorgement of borrower payments and disgorgement of undisclosed compensation (arising from the commencement of the loan) as an affirmative defense in any judicial foreclosure action. Back in 2008 I was told point blank by an attorney for a foreclosure mill that this was my most “obnoxious” allegation.

While the question is not completely settled, it is apparently true in most courts that the statute of limitations does not bar an affirmative defense for disgorgement and set off up to the amount claimed in the foreclosure. However, a separate claim in the form of a counterclaim or collateral lawsuit would most likely be subject to the statute of limitations.

Also there is my support of briefs that are being filed with the Supreme Court of the United States seeking to prevent any court from using “interpretation” to simply rewrite the TILA Rescission law despite the clear wording of the statute and the ultra clear wording written by Justice Scalia, in a unanimous SCOTUS decision in Jesinoski.

I get that if TILA rescission were taken seriously it would undermine the value of mortgage “bonds” (certificates). I just don’t think that complaining loudly about your toys being taken away should change the fact that they are toxic and you shouldn’t be allowed to play with them.

In any event, I am pleased at the attention the banks are giving me as it merely highlights the importance of my work, which in turn might hasten the day when the banks, the servicers and the foreclosure mills are brought to justice. This is coming from people who hide behind proxies on the internet and who commit fraud every time they make a claim for collection or enforcement of a mortgage loan.

Don’t worry, they won’t stop me.

9 Responses

  1. Brian – he has to do more. Nancy preaching — and Roger — not just the FED — CONGRESS.

    This is the greatest fraud upon the American public. ANYONE who condoned it — or what was done — should be investigated.

    Tit for tat. All should wake up. Not happening.

    And, honestly — I don’t care about your fancy necklaces – in blue.

    Would vote for you — but come clean. Come clean. Care about WHO has been harmed — and you are in la-;la land

    Change the necklace.

  2. @ ANON ,

    Pelosi and all the entrenched politicians are answering to one master ,, the Federal Reserve… that’s the fountain that all the free money flows from ,, the money for all that foreign aid that they skim 20% off of… The OIG report came out yesterday,, When it comes to most jobs the prep makes all the difference in the final result… well everything up to now has been prep in the Trump presidency… Have hope.. he is following Andrew Jacksons footsteps and will end the fed…

  3. I’m not surprised. I had three foreclosure mills pull their work from my firm because of my affiliations. They are being eyed, and in turn, they’re eyeballin’ you.

  4. Neil — you have kept the people alive for all these years – despite massive cover-up. Thank you – from all of us.

    I suggest that politicians take notice — get off your nowhere land – that does nothing for us – the people We have had it Politicians do nothing but political “fights.” NOTHING to benefit the people. It is not about you- the “politicians.” . It is not about you!!! We care about us – the people. You have abandoned us. You are nowhere to be found to help the people. .

    Keep going Neil . You are brave – and correct.

    It is time that all is exposed. We will not be the scapegoats anymore.

    Enough is enough. Sometimes takes a decade — to get truth exposed.

    And then as to “attorneys” as they call themselves. – Who do you really represent? Time to come clean. The government – do you represent the government???? Possibly?

    Pelosi – come clean. Who did you sign with? Who did you authorize for the GREAT FINANCIAL CRISIS to do what was done? Trump – where are you? Following Pelosi? Are you kidding? That is not good. .

    THANK YOU ALL !!!!!.

  5. Love your work, values and morals can’t say I have ever come across a more ethical law man than you.You have helped soooooo many free of charge by your interactive web site, published articles, wise and intelligent submissions. The legal world needs more Neil Garfields if you ask me. Thank You so much for all you do for so many. The bad press can eat crow we know who you are and thats all that matters. Mary C in Hawaii…………..still in my home after 12 years of dodging bullets from “THE MACHINE” couldn’t have done it without you.

  6. Consumer Rights Defenders supports you Neil and your theories. Ignorance will cause many to cry about your expertise which is impeccable.
    Steve, Sara, Amanda
    Consumer Rights Defenders

  7. I guess you were right ,your last broadcast, that your going to get in trouble for saying this ….but it got their ATTENTION.

  8. Keep up the good work Neil.

  9. I still don’t understand why good, honest lawyers have not banded together to go after the paper mills that allegedly exist and fully expose them- that would seem to be a major victory for us all! Semper Fi.

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