Homeowners should unite in collective action not just for themselves but for all consumers who think they are paying off a loan

Posted on February 22, 2022 by Neil Garfield

One very interested reader has corresponded with me about the unwillingness of the courts to act properly — and I agree with her. She cites many improper moves like

what is being upheld their bad decisions and misconduct…holding cases without jurisdiction, meeting in the judge chambers, making deals with the attorney, allowing a case or cases when the party has answered the complaint and the other party did not and a counterclaim filed and judge ignores, sending out a court date it is not on the dock, finding a bailiff to open a courtroom and you wait for 2.5 hours and the judge comes out and ask you where is the other parties and attorney. Writing a complaint that is never answered or after 6 months and no one can justify how that has been handled. Ruling when you have not stated a statute and or reasoning, it is my courtroom and I rule as I please.   exceeding the proper limits of one’s authority

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I agree with you. I agree with everything you said. All those things are what Appellate courts are intended to correct. And I agree with your underlying point that these corrections are not being made because of bias. Unfortunately, the answer in our system is political. There is no lawsuit that would survive dismissal. And there probably shouldn’t be. That is why I am working from within challenging the courts in ever-increasing and forceful ways that irritate them. I usually (not always) win.

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There are specific things that people could get behind and cause a great deal of pressure to make changes — politically. One central way to do it is to petition each state’s Supreme court to change the “preapproved” forms allowed for pleading in foreclosure cases. They dropped the requirement that the pleading party must allege economic damages. And their certification requirements are a joke.
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That means that every winning homeowner must wait to the tail end of litigation that should never have been filed in the first place. Virtually every case in which the homeowner prevails is based upon a final conclusion of fact that the claimant failed to satisfy its burden of proving it had a claim.
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I had hoped that APON or some other organization would be able to raise money for such an endeavor. But it seems that most homeowners are just not into doing things that are effective and not motivated to do anything until they are in the middle of the legal battle. To me, that is like living at the base of a smoldering volcano.
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The bottom line is that if would-be foreclosers were required to say that they and paid value for the underlying obligation and attach an exhibit if they are required to say they had suffered an economic loss arising from the loan account itself, and the certification had to come from an officer in charge of the alleged unpaid loan receivable account on the accounting ledgers of the named claimant there would be no foreclosures. 

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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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3 Responses

  1. ANON, on February 22, 2022 at 11:22 am said:

    Appeal decisions are not any better. This is government allowed fraud. Neil is correct – no one cares about others until they themselves are in the situation. Missed the boat after the settlement by not coming together then. But not too late. Raising money, however, is difficult. People are struggling.

  2. Javagold, on February 22, 2022 at 10:02 am said:

    How is a SERVICER even able to ever be the named Plaintiff in a Fraudclosure complaint ???. It’s an impossibility …. yet it continues to happen in these Kangaroo Courts !!!

    And then they substitute in the middle some Fake TRUSTEE for some Fake TRUST and the homeowners are NOT allowed by the court to challenge as the clown In the robe , says that ship has sailed !!!!!

    The entire thing is Not only done backwards, I’m sure on purpose , it’s is a fraud & corrupt. And clearly at odds with The Constitution.

  3. Ian, on February 22, 2022 at 9:51 am said:

    Neil, you wrote recently regarding homeowners’ insurance ( or any insurance ) must be in the name of someone who has an insurable interest in the property insured. My servicer/sub servicer/debt collector does not have such an interest.
    Perhaps you can delve into this aspect of the fraud in a future post.

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