What happens when the moratoriums end?

Millions of Americans have received notices of delinquency that threaten foreclosure or eviction. Current estimates are that 1/3 of them will end up subject to foreclosure or eviction proceedings. For homeowners, this is an opportunity to fight back. The current COVID19 relief bill will do nothing to enable people to bring their “accounts” current — it is simply too little too late. But always remember that in the era of false claims of securitization of debt, there are no “accounts.”

Nearly all foreclosures are conducted for fun and profit — not to repay any “loan.” The more homeowners that defend on the simple premise of contesting the existence, ownership, and authority over a fictitious loan receivable asset account, the more judges will start considering that the entire foreclosure venture is a scam.

It’s pretty simple. Deny the “loan,” deny the ownership, deny the authority of anyone to administer, collect and enforce. The presumptions will be against you. But when you submit simple discovery demands about existence, ownership, and authority over the underlying obligation, most judges will allow you to enforce those demands (not all). And when your opposition still doesn’t answer you can ask the court for sanctions that could include a negative inference, to wit: that there is no obligation, there is ownership of the obligation and there is no authority to administer, collect or enforce — at least as to the party named as Plaintiff or beneficiary.

Lawyers should take note that this is an unparalleled opportunity to notch up victories in court and make plenty of money by saving homes from corrupt, illegal, immoral, and unethical foreclosures.

Read my other articles to discover how nobody suffers any financial loss when a homeowner does not make a scheduled payment — and how everyone makes money in foreclosures. It’s a pyramid scheme.

Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.

Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud.

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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.
  • 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.
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