Another Victory — This Time in NJ

I’m not one for bragging or testimonials but occasionally I think it is helpful to encourage people to fight foreclosures and evictions based on foreclosures.

I have thousands of cases like this but most people refuse to believe it — including lawyers and judges — mainly because the field of investment banking is so complex and sophisticated that it is incomprehensible to think that the loan is not a loan and that there is no lender or obligation in most “securitized” transactions (which were never in fact securitized).

The simple act of aggressively pursuing the facts behind the claim of delivery of the note and the facts behind the grant of authority to enforce is usually sufficient to win. But the opposition will drag it out because most people lose heart, lose interest, or give up for lack of time and money.

Here is one such case from someone who was merely following what I was saying on this blog:

Good morning Mr. Garfield!! I was thanking you because without you I wouldn’t have won my case. I honestly cannot thank you enough for your website. I have followed it for 2 years now and have successfully litigated against US Bank/Wells/SLS and currently, DBNTC/Nationstar. We have one final hearing but DBNTC/Nationstar has already filed papers conceding they cannot follow the controlling Order dated XXXXXXX. The Judge said she will issue a Judicial Satisfaction on XXXXXXXX should they fail to follow the Order (Hearing date: XXXXXX2020)

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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.
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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.
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2 Responses

  1. The pandemic is making everything worse. It is being used to plunder and steal, forcing the forever closure of small business to enrich and amass wealth for the large corporations.[control of prices, goods and access, censorship, home ownership – a grand government overreach]…On a side note, Legisman is right about the courts; however, I think the courts are full of it.

    Look at the President and his filings: they say he has “no standing”…really? [something that directly affects him and the citizens is not “legal standing”?] We’ve all heard this before. There would be no loan, certificates, payments without our mortgage-promissory notes. We are inextricable tied to the people who sell “our” notes…they should be the ones, who have “no standing”…they own nothing.

    On a side note, the President has filed a suit for “mechanical signage” of ballots…keep an eye on this folks. Maybe we can get some leverage on that one?

    Whether you are a Trump supporter or not, look at what’s playing out….all of things we are dealing with, are being done to cook this election…scary time. Just saying…

  2. Investment banking is not so difficult to understand – when you know where to look (MANY THANKS to Neil!!!)

    Today’s “Investment Banking” is simply defraud and steal from as many as you can – and walk away from all liabilities. And defraud again.

    Judges know about it. Politicians know about it.

    Even investors know about it.

    BUT Federal Reserve ( owned by Big Banks) promised GSEs to compensate investors when the dirt will hit the fan (which we observe in Federal Reserve so-called “purchases of trillions-worth MBS” from GSEs and reassigning them to Big Banks like JP Morgan (whose founder John P. Morgan created Federal Reserve with Sen. Aldrich, (whose son was President of Chase Bank and daughter was a wife of John Rockefeller) during secretive meeting on Jakyll island in 1910.

    In exchange of assuming liabilities (pay back some money to defrauded investors) Government allowed Big Banks limitlessly steal from people (so-called “homeowners” aka temporary unpaid workers for Big Banks who are allowed to stay at homes to care for them).

    And everybody from the Government covers for it.

    Yes, here are some rare isolated victories – I guess either Big Banks do not want to be too much exposed or Judges have some integrity.

    To add insult to the injury, Big Banks steal homes and do not pay a singe cent in property transfer taxes. People in IL pay over 10% property transfer.

    Which means bankrupt IL is losing over $200 million of revenue due to Big Banks fraud – and raise taxes on average “homeowners” to put them under more hardship which will guarantee more foreclosures, thus more tax-free revenue for Big Banks.

    Those “homeowners” who have escrow accounts with their self-proclaimed “Servicers” actually deliver even more money to Big Banks pockets – who pay property taxes from investors money aka IL Pension Funds who are out of money and need to put more taxes on people.

    REMIC Trusts (“Plaintiffs” in foreclosures mills) do not pay a cent in taxes. Yet, the Government does not care – they put more taxes on people – specially now, in the midst of pandemic which came very timely for Big Banks.

    Specially when Baby Boomers came to retirement age and Social Security Trust is somehow low with funds; and COVID is very harsh on elderly people.

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