Tonight! How to open the judge’s eyes in foreclosure cases 6PM EDT 3PM PDT


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

You received a loan, didn’t you?

You didn’t pay, did you?

You signed the note, didn’t you?

You signed the mortgage didn’t you?

Tonight’s show is all about why all of those questions are irrelevant. How to instruct the court  and convince the judge to rule accordingly is a skill that most people, including lawyers don’t possess, because they share a mythology with  the judge that the loan accounts actually exist. And they consent to this myth because they can’t imagine how it could be otherwise. 

The logic is relentless. Once you admit the existence of a loan account, it is only natural to assume there must be an owner of it. Because a loan account only exists because someone paid for it. But it is relentless and wrong only because it starts from the wrong premise.

So THEN if you didn’t make the expected payments, someone lost money. Since there is nobody else making the claim, the person who sued you or the person who supposedly authorized the filing of a notice of default and notice of sale must be an authorized claimant. 
And once all that is assumed and presumed, you are dead in the water and that is why lawyers have convinced themselves they can’t win these cases even though they could win most of them. 

And that in turn is why most homeowners fail to defend the biggest investment of their lives and let greedy banks take it away for fun and profit. That house is yours. And taking it away is the civil equivalent to capital punishment. That is why there are extra statutory protections gains someone taking it who is not going to use the money to pay down the debt account. 

The problem is that you admitted something that you knew nothing about. No borrower knows what happened to the loan account even at the time of the origination. No borrower knows what happened after that either. So why would you admit something you know nothing about? 

If you want to successfully challenge a foreclosure you must start on your toes, not your heels. And if you admit the existence of the loan account, you are just guessing and you basically are in a bad position, on your heels, with your entire defense narrative being “yes, but.” For the judge, though, there is no “but. “

So here is how you go about opening the judges eyes. 

6 Responses

  1. A “note” that does not do what is supposed to do — is called what? The obligation of the claimed “note” was for a reason — to pay off the prior “loan” debt. If you have a “debt collector” that did not occur.

    There are “title series” “(non) trusts” and series debt collection.

    Summer is correct. Judicial support is overwhelming for the banks.

    Have asked before — when does a “note” become fraudulent?

    Happy Labor day. We work to pay for what and to who?

  2. Agree with Java. Judges fix cases for the banks. Without Judicial support they cannot do it. Mortgage Settlement was a fake entered by Obama to keep him and his masculine First Lady in power while let Banks quietly foreclose.

    Bob G. – can a Note holder tell you where and how he obtained the Promissory Note and did the prior holder released their lien?

    It is all about repayment of the debt, right?

    So, if this debt exists – does it mean anybody can come with a masterfully forged Note and take your home – without even providing any evidence HOW they obtained possesison of this Note?

    VA (who uses only Black Knight system from which PennyMac was kicked out in Oct. 31, 2019) still thinks that PennyMac is “servicing” something – but they cannot tell me WHOM PennyMac is servicing and to WHOM VA guarantee my payments.

    Ginnie Mae Senior VP Michael Drayne told Senator Peters that the issuer of securities backed by my loan was Caliber Home Loan.

    Caliber deny any involvement except being a Servicer of somethng which Caliber was unable to identity.

    Neither VA or Drayne was able to identify the Trust which holds my Note as MBS.

    Every SALE requires a SELLER who release a prior lien.

    These LIENS must be recorded in all GSEs, this is THEIR requirement, along with recording all transfers of ownership.

    But Bob G. says that it is enough to come to the Court with a Note – without any other evidence or any prior releases of liens – and take someone’s home.

    Judges propelled this fraud to the sky; and the Government covers.

    Banks give them donations and keep the same people in power for decades.

  3. does someone knew someone that can check the audio recording of a court hearing procedure, if it was corrupted or altered? I requested a transcript for the proceeding to be attach to my appeal to district court and I suspected there was and alteration of those three proceedings. I also filed a complaint to U.S trustee about the discovery I found out on the BK docket that there wss an anomaly going on docketed from my previous Bk chapter 11 that converted to chapter 7 in 2009. My second chapter 11 was filed April 2020 and HSBC as trustee filed a POC and i objected the POC with all the evidence I submitted to the court in which was provided by Ocwen and PHH to proved that my loan has been paid in full 2013 based on the 1098 2013 IRS form mailed to me by Ocwen which collaborated the 1098 IRS report with their own documents submitted during discovery. the summary judgment entered in favor of HSBC which is subject to an appeal. I was frustrated how the transcriber did her job. there were so many errors done on those three reports and I noticed by listening to the audio at pacers that there were some interference on the audio itself. if someone can direct me to have this three videos be analyze, please refer it to me. thank you.

  4. here we go again with that account ownership stuff. it’s the holder that the UCC says has the right to enforce the note and mortgage, not the account owner.

  5. Some states are off-limits. Nothing will help. Other states – you stand a chance.

  6. I denied everything. All 20+ ….judge still order for MSJ. Clowns in robes refuse to follow the rules, laws or social contract and will never find in favor of any pro-se. Yet no attorney will fight as hard on your behalf. Not even Neil. The system is a lie !!

Contribute to the discussion!

%d bloggers like this: