BEWARE OF FORECLOSURE RELIEF SCAMS

IN JUST A FEW WEEKS, A NEW TIDAL WAVE OF FORECLOSURES AND EVICTIONS WILL BEGIN.

HOMEOWNERS AND RENTERS DO HAVE DEFENSES, BUT THEY ARE UNAWARE OF HOW TO USE THEM.

THIS LEAVES THEM OPEN TO FRAUD — victims of both predatory investment banks and predatory entrepreneurs.

Here is a simple rule of thumb — if it isn’t a lawyer directly offering his/her services you are probably being scammed. There is no such thing as a middleman who decreases the cost or increases the quality of the service. That is pure fiction.

This is already happening. There are a number of lay people out there, some of whom are even well-intentioned, that are making promises that are merely wishful thinking.

So in a nutshell, if you think you are going to defeat a claimant who says that they are the lawful owner of an existing obligation that has not been paid, you need to do one of three things:

  • Prove that there is no existing obligation owed by the named claimant (not as hard as you may think)
  • Defeat the ability of the named claimant to put on evidence (generally successful).
  • Destroy the credibility of the testimony and exhibits at trial through voir dire and cross-examination (sometimes successful). 

In all cases, you need a skilled trial lawyer who is not afraid to object, argue aggressively, and persistently seeks to take control of the litigation narrative throughout the process.

It is not and never will be enough to know that you are the victim of fraud and to claim that. It is not enough to pose challenging questions to which you will receive no answer outside of court (although QWR and DVL are effective mans for setting the stage for impeachment through inconsistent answers).

It is not even enough to pose those questions in discovery unless you aggressively pursue answers by filing motions to compel, getting a hearing, winning the hearing, and getting an order from the court commanding the foreclosure mill to provide you with answers to questions that they will never answer.

And it is not enough to get that order unless you know what to do with it in order to limit evidence that can be introduced against you.

The scam artists will play on certain predispositions and then let you sell yourself on doing something against your own interests. You want to save money and they offer to get you results for less money than a lawyer would charge.

No report is going to save you without a lawyer who knows how to use it. But is also true that most lawyers have nothing to work with without the report. Your personal information (mostly opinion) is useless because you don’t understand the basic elements of securitization of debt as practiced by the investment banks for the past 25 years:

  • THE DEBT WAS NOT SECURITIZED
  • THE DEBT WAS WRITTEN OFF CONTEMPORANEOUSLY WITH ORIGINATION OR ACQUISITION OF THE HOMEOWNER TRANSACTION
  • THE NAMED TRUSTEE HAS NO TRUSTEE POWERS
  • THE NAMED TRUST HAS NOTHING IN IT AND PROBABLY HAS NO LEGAL EXISTENCE BECAUSE OF THAT.
  • INVESTORS ARE NOT BENEFICIARIES OF THE NAMED TRUST
  • ADMINISTRATION, COLLECTION, AND ENFORCEMENT ARE PERFORMED FOR PROFIT — NOT FOR COLLECTION OF AN UNPAID DEBT. 
  • THE “CERTIFICATES” WERE NOT CONVEYANCES OF ANY RIGHT, TITLE, OR INTEREST IN ANY DEBT, NOTE, OR MORTGAGE.

HAVE A HAPPY THANKSGIVING!!!

I WILL PUBLISH AGAIN NEXT MONDAY.

*
Neil F Garfield, MBA, JD, 73, is a Florida licensed trial and appellate 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.
*

FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. In the meanwhile, you can order any of the following:
*
CLICK HERE ORDER ADMINISTRATIVE STRATEGY, ANALYSIS, AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection, or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER TERA – not necessary if you order PDR PREMIUM.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
*
CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)
*
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
  • But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more.
  • Yes you DO need a lawyer.
  • If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
*
Please visit www.lendinglies.com for more information.

 

 

14 Responses

  1. Javagold, besides the original contract, we find quite often the lender or its assign breaches the mod as well, which can be helpful in negotiating a favorable outcome for you.

  2. ANON, if there was no contract, then no one can breach it. This is the same schizophrenic argument Garfield made, when he argued there was no contract, but you could rescind the contract that didn’t exist.

  3. Happy Thanksgiving to you all-

  4. Legisman. I just found an issue with our modification contract. They charged a higher escrow amount for property taxes and insurance when the contract clearly states that on the date modification becomes permanent and all arrears are zeroed out at. They did not go this.
    Now what ???

  5. Legi — if you trace what happened BEFORE contract signing, you will find what went wrong. And, that there was, therefore, no “contract.” Not the borrowers who breached anything. Can’t breach something that the other party already breached.

    Happy Thanksgiving to all.

  6. ANON, correct. Borrowers agreed that if they failed to make timely payments the lender or its assigns could have the property. Therefore, logic clearly dictates, you’ve got to find something wrong with that mortgage transaction (contract), to prevail.

  7. legi — I have emphasized for a long time to not only go back to the original contract, but also the PRIOR transaction (and maybe even the one before that). This is where the devil is in the details.

  8. ANON, its clear, you have no idea how things work in the real world. Sadly, the remarks you and Garfield make are just not factually correct. This is why Garfield has never won a foreclosure case, or been involved with a case where anyone has won.Just go to Google Scholar and search “Neil Garfield” foreclosure and see several losses where he was involved; where the same ridiculous arguments were made. Because my firm has access to several legal search engines I could post dozens more.

    The only known methodology that works is attacking the original contract. The FDIC found that 83% of these mortgage transactions were “problematic” and 76% of the appraisals were bad. This isn’t high math, but when you have scammers, legal illiterates and “stall” attorneys throwing mud in clear water, borrowers lose their homes.

  9. Legi — I guess you have seen the Bank accounting of these loans?

  10. ANON, every court in the country that’s heard this ridiculous argument has ruled the same way. It’s not B.S., it’s factually and legally incorrect!

  11. Legi — you bought the BS. Summer is correct. You are smarter than this. If you do the accounting and research — you will see exactly what Summer says.

    How do I know? Not in foreclosure. But the money paid vanished – into thin air. What protects me? I have the proof. There is something to be said for hoarding what you think is old and junk and otherwise would have thrown out. Nope – was not junk – good thing hoarded – and everything old is new again.

    Enjoy your Thanksgiving!! And the same to all l!! .

  12. For the millionth time, the entity foreclosing DOES NOT need to own the note to foreclose, to wit:

    “Our recent decision in Cashmere Valley Bank, 181 Wash.2d 622, 334
    P.3d 1100, reinforces what we have said about the distinction between an owner of a note and a holder of a note. We held there that merely because an institution has a right to the economic benefits of mortgage-backed securities (i.e., is the owner of the mortgage notes or is a trust beneficiary where the settlor of the trust owns the notes) does not necessarily mean the institution has “any legal recourse to the underlying trust assets in the event of default.” Id. at 625, 334 P.3d 1100. We further recognized an institution could be the person entitled to enforce the mortgage note, the PETE, even though it was not the owner. Id. at 626 n. 4, 334 P.3d 1100 (noting that when a lender sells a mortgage note on the secondary market, the “lender may continue servicing the mortgage for a fee” and “in the event of the borrower’s default, the lender may foreclose on the property and pass along proceeds from the sale, less the lender’s fee or share, to the buyer”),
    636, 334 P.3d 1100 (recognizing that when the trustee of a pool
    mortgage-backed securities holds the mortgage notes on behalf of the
    owner of the mortgage notes, the trustee can foreclose), 641, 334 P.3d
    1100 (similar).”

  13. Prove that there is no existing obligation owed by the named claimant is actually relatively easy.

    As the purported Lender (your original “mortgage” company” – if still exists) to WHOM they sold your obligation.

    And they will never reply, except absurd runarounds.

    If your so-called “loan” is GSE’s “guaranteed” – when exactly your loan was purchased by GSE and a proof of purchase.

    They will never reply, except maybe absurd runarounds.

    Thank you, Neil, for explaining to us all details and for all your hard and wonderful work !

    Stay healthy and safe!

    We will win.

  14. Thank you from the people for this Neil.

    Happy Thanksgiving to you and to all. .

    We must have something to be thankful for.

Leave a Reply

%d bloggers like this: