And for all those naysayers who assert “impossibility” of defense

Posted on March 10, 2022 by Neil Garfield

Consider the recent success of Attorney Gary Dubin who just sent me a court order involving a California case he filed against the foreclosure and securitization players. He survived demurrer, received an order declaring the case to be “complex” and he successfully argued for a jury trial.

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Here is his message:

So far so good. We are even getting a jury trial versus JPMorgan Chase, Bank of America, US Bank, Specialty Loan Servicing, and Quality Loan Service.
We have a tiger by the tail.
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If you ask around most homeowners and lawyers would say that this is just not possible. But here it is. The answer is that it IS possible if you try because you have the truth on your side.
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While a consummate legal writer and thinker, Dubin is not really doing anything unique. He is simply challenging the basic premise of the claims against his client. If he was wrong then the players would have already come forward with an identified creditor who actually paid for ownership of the underlying obligation, legal debt, note and mortgage (or deed of trust).
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Instead, the players ONLY argue that they should not be required to do so. And the courts, legislating from the bench, are allowing for a complete change in the statutory scheme for creating and enforcing real obligations by allowing for virtual claims in the name of virtual creditors.
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It was the failure of the players to come up with even basic documentation before foreclosure began that revealed to me, in 2006, they were faking it only when the decision was made to declare a default and invent a creditor on whose behalf the declaration was issued.
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CLICK TO DONATENeil 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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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. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

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.

Filed under: foreclosure |

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3 Responses

  1. coltonm001Mary, on March 20, 2022 at 5:20 pm said:

    Why did my comment not post?

  2. coltonm001Mary, on March 20, 2022 at 5:17 pm said:

    I have successfully received a jury trial as well, pro se. It has taken me 15 years to get a simple right given me by the provisions of my Constitution. Consider this ….how Hawaii compares to the real world.

    As of the second quarter of 2021, Hawaii had the most extended foreclosure timeline, coming in at a whopping 3,068 days (over eight years).
    On the flip side, as of the second quarter of 2021, Wyoming’s foreclosure process was relatively quick, averaging 173 days. Arkansas (253 days), Tennessee (270 days), Virginia (280 days), and Mississippi (292 days) also had shorter timelines.

    As unfortunate as it is I am a victim to a defunct judicial process that takes 15 times longer than the rest of the states of my nation to process a foreclosure case. So now who is accountable for the 15 years of suffering I have endured? We know it is not me who rags this out. I am in full compliance or would not be in the position I am in today.
    At the 15 year threshold what we have established for certain it a) plaintiff lacks standing and has for 15 years. b) the court lacks subject matter jurisdiction. I have saved my home from illegal removal that twice the trial court granted foreclosure to an unqualified plaintiff without standing and without legal right to enforce his claims was given permission by a court in want of jurisdiction. Again, who is responsible for the 15 years of suffering I have endured under these unfathomable conditions?

  3. Javagold, on March 10, 2022 at 11:45 am said:

    So why aren’t there 49 other Dubins X 100, across the country in each state to help the homeowners. Just as Not everyone was a deadbeat who bought too much house. And not everyone wants to be a Pro-Se. It’s time to Stop believing this narrative.

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