Are Complaints About Court Bias Merely Excuses for Poorly Executed Litigation?

Recently I received a series of emails from someone I highly respect for her persistence and accuracy of research on securitization. She is fighting her own case. And she believes that all the rulings against her are the result of some deep state conspiracy between the banks and the courts. I understand. It certainly must appear that way to pro se litigants. But I don’t agree and I believe that such beliefs undermine the possibilities of success for the homeowner.

So here is what I wrote back to her:

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I completely understand the story and your frustration. But I think your attitude about the court undermines any possibility of reaching a successful outcome. In my experience I have reached a successful outcome, including outright Findings of fact, conclusions of law final judgment in favor of the homeowner. While I think that Court bias accounts for some of the losses by homeowners, my examination of the losing cases shows that they were improperly litigated. Frankly the judge had no choice but to rule in favor of the banks. 


For the past 14 years I have sought to empower homeowners in their fight against false claims made by investment banks through fake intermediaries.

In my opinion, the belief that the homeowner will always lose because of some cabal against them that includes the courts undermines any sense of empowerment that any homeowner could have. That is why I take issue with your insistence that this is the case. How can you explain the success that dozens of attorneys, including myself have had in thousands of cases? Either the cabal exists and is all powerful or it doesn’t exist. 


Court bias can be and must be overcome in all cases where the odds are stacked against you.

But the odds are stacked against you because of a system of laws that says that if a document is or appears to be facially valid (1) it comes into evidence with proper foundation and (2) everything on it is presumed true.

In the absence of either (1) contrary evidence or (2) a contrary inference to the facts presumed, the presumed facts stand as true for the case and become the law of  the case.

When a judge follows those rules he/she is upholding the rule of law and doing what should be done and will not be overturned on appeal. That is not bias. 


Since evidence of nonexistence of the debt account is not available to homeowners, the only remaining strategy is to raise the inference that your defense narrative is true. The only way to do that is through discovery and motions and, if necessary, cross examination — the elements of which pro se litigants are totally unfamiliar with. The inference in favor of the homeowner does not and never will arise because the homeowner said so. It will only arise when you ask the right question and persistently litigate the appropriate motions. 

*Neil F Garfield, MBA, JD, 73, is a Florida licensed trial attorney since 1977. He has received multiple academic and achievement awards in business and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.*

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3 Responses

  1. Call Patrick Brick in Tacoma Washington, he is an attorney that worked for the banks and told me he was an insider that witnessed the banks taking the judges to lunch and rigging the courts and tells me homeowner will never win due to the bought judges. He quit working for the banks out of morals and said the only way he helps is to do it out of court cause there is no chance in court and he is now a target of the banks and being attacked to be disbarred.

  2. Yeap.

    Poor litigation.

    This is exactly why the first Judge (wife of Harris Bank VP) ignored all evidence of fraud despite presented ; and the next Judge (brother to bankers’ lawyer) criminally concealed from case records material evidence based on which he ruled , so nobody ever seen “originals” which were never filed with the case.

    And this is why Appeal Court who also never saw the evidence based on which lower court made its bogus decision, ruled for a non-existing Trust Fremont Home Loan 2006-1 while the case was filed by a non-existing Trust GSAMP 2006-FM1.

    All because of poor litigation. Not because of total corruption and astounding judicial bias and professional incompetence.

    Judges have a very hard pill to swallow- to the wit, follow the law and obey Nat’s Mortgage Settlement – so, they decided to let the rest of the Country to eat mountains of Banks’ crap alone.

  3. Is that why you lost a case for a Florida homeowner after charging him an arm and a leg and more and why you took money for audits you never gave them?

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