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In foreclosure cases, virtually all of the normally required pleading is simply implied and then presumed. It is not until the end of the case after years of litigation and tens of thousands of dollars spent on lawyers, court costs, and other fees, that homeowners obtain a judgment in their favor based primarily upon the insufficiency of the evidence to provide a foundation for the claim (failure to maintain a prima facie case in a contested matter.)
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In short, homeowners when their cases only after revealing the deficiencies in the initial forms and procedures and vote by false players in foreclosure, who have no intention, incentive, or desire to pay anyone who paid value in exchange for ownership of the underlying obligation alleged to be owed by the homeowner.
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This relates back to my other project of suing to change the current forms, rules, and procedures in place. If the case should never have been filed in the first place, then it should not take homeowners 2 years or more to litigate a case costing tens of thousands of dollars to defend in order to get to the point that should have been known at the beginning: the claimant does not win the claim against the homeowner and is not the intended receiver of any proceeds from the cash proceeds of forced sale of litigation.
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This has been the result of a chilling effect on access to the courts.
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The entire system (courts, bar, regulators, and lawmakers) and context of foreclosure litigation take dead aim at lawyers who are successful in defending attempted foreclosures. Lawyers and their clients must endure ridicule and sanctions for even bring up the idea that the claim does not exist.
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In most cases, these successful outcomes result from (a) enforcement of the rules requiring adequate responses to timely discovery demands (es[eciallya after a court order requiring compliance or (b) findings of act and conclusions of law that recite the judge’s conclusion that the claimant had no case in the first instance.
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Yet nearly all judges start with the premise that homeowners do not and should not win the litigation of their foreclosure case. All of those judges are apparently proceeding in ignorance of the fact that homeowners are winning cases — that’s contradicting their initial assumption that the foreclosure proceedings are valid and based on authentic documents.
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The latter point is especially problematic since the source of those documents has been intermediaries who have since promised the Attorneys General of all 50 states that they will stop faking, forging, and fabricating documents that contain false information in support of their foreclosure claims.
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In that context, it strains credibility to understand why the courts would apply legal presumptions to such documents without requiring further corroborative evidence in the initial forms for initiating foreclosures or shortly thereafter. All rules covering such legal presumptions contain a caveat that states that those legal fictions of validity of documents do NOT apply if the source might not be a credible source mainly because they have an interest in the outcome of litigation.
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The courts are restricted from taking such factors under consideration primarily by the application of doctrines relating t precedent. I have seen multiple cases in which after a victory or satisfactory settlement was reached with the homeowner, the homeowner was literally paid to maintain secrecy and confidentiality about the existence of the case and certainly not the terms of settlement at I can report often eaches 6 figures for damages in addition to the retention of the property.
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It should come as no surprise that upon researching such cases, most investigators will find that the court record has been scrubbed clean. Not even the initial pleadings can be found much less ofIt should come as no surprise there upon researching such cases, most investigators will find that the court record has been scrubbed clean. Not even the initial pleadings can be found much less the settlement.
Needless to say, such cases are never seen at the appellate level. So there is literally a complete absence of precedent relating to the viability, constitutionality, and fairness of a final order or a judgment in favor of the homeowner. There is nothing in the court record on appeal because there is no appeal. There is nothing in the trial record because it is scrubbed.
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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.

Neil F Garfield, MBA, JD, 74, 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.
It is summer – everyone out partying now – virus or not. Home sick, so I am here.
People – get vaccinated!!! This virus attacking young people now (just like what happened in 1918) and mutating constantly – whether you believe it or not – which affects ALL. And, there lies the problem. People think – “everything is fine,”, and that they will be fine. “This is not about me,” they think, OR – “This is only about me”, and they think – “I am invincible.” They don’t question the “Process” (or the virus) until they are affected. Need to be ahead of the pandemic – virus pandemic AND financial pandemic.
People “paying” are being bombarded with refinance “great” opportunities from non-bank entities such as New Day, New Rez, PennyMac, Quicken Loans etc. etc. — it is constant advertisement and solicitation. These are entities that do not actually refinance anything. Read the reviews on NewRez refinances. Takes months, or more, to even get one through – if you ever get one through (and you don’t want that kind of refinance if you do get it through). That is because the “chain” has to be fixed, and it can never be fixed. It means you will not get a loan that goes to an actual valid secondary securitization market (yes there is a valid secondary securitization market – you are just not in it). You will remain with the same default debt collector — in the same invalid security trust – forever. There will be no clear title – as there is no authority to clear the title “chain.” So the first payment you miss, or the first misappropriation of funds that redirects your payments — will re-certify default by you. Securitization is NOT the same for all.
It is our fault that we lump all into the same place. Big mistake.
People want a quick fix. They want lower payments, by whatever means, and they don’t care if “Goodfellas” is offering them a quick fix. And, obviously, neither does the government or courts. This is not about navigating the system once one is foreclosure and in court. It is about stopping the fraud before you ever get to court or foreclosure. Neil should be expanding his services before foreclosure ever even occurs. This will better clear the path in courts for the fraudulent foreclosures. If you allow the system itself to continue, the courts cannot ascertain the source of the fraud, and it goes on in perpetuity. Sue your state? Good idea. But what attorney is going to take that? None. Attorneys want to get on the good side of judges, and politicians – they want no part of a BIG challenge to them and their “relationships.” Again, don’t wait until it becomes “about you.” We are in very difficult battles. The war is not just about “your” battle. It is much bigger. And this is not about blaming people for not “navigating” the system. The system is much bigger.
Have a wonderful summer weekend!!!! Won’t last long.