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The main problem for homeowners who end up in mediation or settlement discussions is that they are perceiving their transaction as a loan, while the other side is perceiving the transaction as part of a securitization scheme. The mistake made by both homeowners and lawyers who are not knowledgeable about securitization is that they undervalue the p…
 
The contrived complexity of the securitized home "mortgage" industry is confounding lawyers, judges, homeowners, regulators and legislators. But it is no more contrived to great complexity than the use by Wall Street banks who were the largest securitizers, of what amounts to accounting tricks accomplished through intermediaries like Black Knight a…
 
Heather welcomes Kate Iturralde, Attorney, and President of Donat & Donat, P.C. to the show again. They'll be talk about the Foreclosure Process in 2021 and anything about Foreclosure. Website: https://realtalkelgin.com/foreclosure-process-in-2021/ Kate received her law degree from the University of Minnesota Law School where she graduated in 2006 …
 
For the past 15 years, I have been hearing complaints about law enforcement and regulators who got it all wrong about securitization. The sad fact is that they didn't get it wrong. They knew what was happening, they initially sought enforcement and then backed off. But they did file actions in court at were the culmination of months, even years of …
 
Most people give no thought to the elaborate scheme in which documents are created exclusively for use in civil court actions. The fact that such a statement is true is reason enough to exclude such evidence, but the failure of almost every homeowner and lawyer to timely and properly object is the reason it comes into evidence anyway. No document p…
 
Somewhere between questioning everything and questioning nothing lies the law. The law consists of duties, rights, and obligations of everyone plus a process of determining if there was a breach, whether it mattered and what to do about it. Successful foreclosure defense is entirely about establishing a breach by the foreclosure mill. The best way …
 
Your Honor, this is a standard foreclosure. That is the first lie told in court as lawyers, and companies claiming to be servicers, lenders, or trustees continue to play their game of lying for dollars. It's obvious I have not simplified the explanation enough because both lawyers and homeowners still mostly don't understand what I am talking about…
 
We are excited to have on the show Caryn Prall, Operating Partner & Regional Director of Northern California/Hawaii for Keller Williams. Caryn is a speaker for Keller Williams Worldwide and Keller Williams International at Mega Camp and Family Reunion for the United States, South Africa, Portugal, and Malaysia. Founding partner in Matterport Compan…
 
We break down on the Show today the latest from MERS. Now before the 9th Circuit Court of Appeals, to try and reverse a quiet title judgment taken in State Court against Central Pacific Mortgage (CPM), claiming since CPM, the original lender, past shortly after origination all beneficial interest in the note and mortgage (DOT--Cal is a deed of trus…
 
You have often asked "how do I prove that?" And my answer is always the same. You don't prove anything because you don't need to prove anything. Stop thinking of yourself as making a claim against anyone. And start thinking about it the way it is. Someone is making claim against you. They don't have a case. If you want to say you are proving someth…
 
In Season 2 Episode 5 we bring back Bruce Strom, Founder & CEO of Administer Justice. We talk about access to free legal services and much more that Administer Justice does for the communities they serve. Checkout: https://AdministerJustice.org Email: bruce@administerjustice.org About Bruce: Bruce didn’t always care about justice. He was a busy sen…
 
On The Show today Host Charles Marshall will devle into the latest trends in the Covid-19 era, parsing out how Covid policy at all levels is still having a major impact on - foreclosure lawsuits, both non-judicial from the homeowners side, and judicial lawsuits against homeowners; - BK practice and procedure, especially when involving hi value prop…
 
It is now virtually impossible to find a lawyer who will accept an engagement to defend a foreclosure regardless of the financial ability of the prospective client to pay fees. The unconstitutional chilling effect on lawyers and homeowners is obvious. Lawyers and homeowners have been chased away from defending foreclosure claims that are unfounded,…
 
Today on the Neil Garfield Show Charles Marshall addresses some recent developments in loan workout and securitization practice, with a reference also to Neil's Blog post of March 3 in which he breaks down how in a recent deposition the Bank's Zombie Mortgage was exposed as a fraud. Also discussing latest Covid-19 updates and how those relate to th…
 
There is a huge difference between knowing something and doing something. Everyone knows or at least suspects that the current wave of foreclosures since the year 2000 has been some sort of scam. Only experienced trial lawyers have been successful, most of the time, in turning back efforts to foreclose. Even some pro se homeowners have been success…
 
Heather brings back attorney Adil Mohammed to talk about Foreclosure Defense for Episode 5 of Season 2. Adil S. Mohammed Founder/Attorney ASM Law PC (847) 231-3999 1814 Grandstand Pl. Unit 2 Elgin, IL 60123 Adil S. Mohammed is the founding attorney of ASM Law PC in Elgin, IL. Prior to opening ASM Law PC in 2016, Adil practiced law in Illinois since…
 
Bill Paatalo breaks down latest take on the lack of standing US Bank and those associated with US Bank have to prosecute in judicial foreclosures lawsuits against homeowners based on LSF9 Master Participation Trusts. Then Charles Marshall breaks down latest strategies (all Covid-19 impacted) to lawfully and legally delay foreclosures and evictons, …
 
In this episode Heather talks with Mike Dote about Financing and about what is takes to purchase a home. Mike Dote is VP of Mortgage Lending with Guaranteed Rate Cell: (847) 772.8409 Email: mike.dote@rate.com Since 1995, Mike has assisted families such as yours to achieve the dream of home ownership. He has helped thousands of individuals and famil…
 
It is often true that the best challenge is after a foreclosure is complete. I know that sounds crazy. But tonight we will discuss tactics and strategies in foreclosure defense in which we can hang the evil-doers by their own paperwork. It’s true that eventually, the truth comes out — or at least part of it. When the “credit bid” is moved around an…
 
Today on the Show Bill Paatalo will break down latest strategies by Chase Bank to manipulate the legal process through name-selection shenanigans. Charles Marshall will break down latest on Covid, as well as provide a preview of an upcoming seminar to be presented by the newly formed trio of LendingEyes, consisting of Neil Garfield, Charles Marshal…
 
For Season 2 Episode 2, we're brought back Stuart Swanson! His podcast episode was our most popular last year so we wanted to bring him back early in 2021, Season 2. Some information about Stuart: Stuart Swanson Attorney/Partner @ Cutler & Associates Specializing in Bankruptcy & Real Estate Cell: (773) 575.7245 Email: stuart@cutlerltd.com Stuart Sw…
 
SHARE THIS POST WITH LAWYERS YOU KNOW!!! This show is devoted to convincing the lawyers who will listen that they are missing out on something very profitable and important. Representing homeowners faced with foreclosure papers can and does present an opportunity for large paydays, consistent victories in court and playing a part in changing the tr…
 
Host Charles Marshall will address on today's Show anticipated 2021 trends in foreclosure nationwide, through the lens of the now "new normal" of an interlay of Covid-19 restrictions micromanaging all aspects of human life. Whatever one thinks of the impact of the actual Covid-19 virus on public or their own personal health, it is indisputable that…
 
We launch Season 2 with a great topic we should all know more about! Heather discusses Estate Planning and Real Estate with Jonathan Pope, Attorney/Partner at Bazos Freeman Law Firm (Based in Elgin, IL) Jonathan S. Pope graduated from The University of Illinois in Champaign-Urbana in 2007 and from The John Marshall Law School in Chicago in 2010. He…
 
Each payment made by the homeowner to a self-proclaimed servicer is being collected by a third-party vendor, probably under the control of Black Knight. That money is not going to anyone who maintains a loan account receivable on their accounting ledgers. The payment is not reducing the debt because the debt account does not exist under all scenari…
 
Foreclosure litigants need to return to First Principles in the Coming year 2021. What better way than to see Neil's latest Blog post explaining how even admitting you have a mortgage loan when it is securitized, particularly from the mortgage meltdown years from roughly 15 years ago to several years ago, is self-defeating, in that the truth is tha…
 
Heather talks with Bruce Strom, Founder & CEO of Administer Justice, about why equal access to justice matters Email: bruce@administerjustice.org Bruce didn’t always care about justice. He was a busy senior partner of a successful multi-office law practice. But he felt something was missing. That’s when he decided to start a legal ministry called A…
 
Follow voice instructions when you dial in or connect via computer. You will be recognized in the order of your questions. * Around one month from now, most moratoriums on foreclosures will expire, unless they are again extended. That means that hundreds of thousands, perhaps millions of foreclosures will be filed or completed over the next year. A…
 
Follow voice instructions when you dial in or connect via computer. You will be recognized in the order of your questions. * In 28 days, most moratoriums on foreclosures will expire, unless they are extended. That means that hundreds of thousands, perhaps millions of foreclosures will be filed or completed over the next year. And just like the 2008…
 
In this episode Heather talks with Eric Klein, Team Leader with KW Inspire, Geneva, Illinois. They discuss Keller Williams and why you want to be a real estate agent in 2021 More about Eric: As a person who loves Real Estate, I have covered almost every angle. From the First Time Homebuyer, the Real Estate Investor, to Financing or working with the…
 
Kate Iturralde, attorney and president of Donat & Donat, P.C. (pronounced DON-it) Bio: Kate Iturralde is the president of Donat & Donat, P.C., a third-generation, family run, law firm focused on real estate transactions and litigation. Kate first started her career in Chicago representing commercial lenders and servicers in contested foreclosure li…
 
Host Charles Marshall returns with Bill Paatalo to discuss among other matters how the Federal CARE Act will expire at the end of this year. It protected millions of of mortgage loans from imminent foreclosure due to COVID-19 related hardships, with an admittedly band-aid approach of what amounts to a forbearance. That all ends in weeks, and millio…
 
Follow voice instructions when you dial in or connect via computer. You will be recognized in the order of your questions. In 49 days, most moratoriums on foreclosures will expire, unless they are extended. That means that hundreds of thousands, perhaps millions of foreclosures will be filed or completed over the next year. And just like the 2008 m…
 
Most motions to vacate are actually motions for rehearing. Failure to understand the differences results in thousands of hours of legal work that are completely useless except perhaps as a delay tactic. In order to score points in this arena you must (1) disabuse yourself of the notion that you're dealing with a "standard mortgage loan" and a "stan…
 
Bill Paatalo through access to Chase's MSP system has obtained a so-called transaction codes glossary, and "payee codes glossary", used by Chase to supposedly board WAMU loans, going back to the Chase-WAMU merger of 2008. Screenshots Bill has obtained or made available show massive fraud in the routine altering of servicing records which alterings …
 
Bill Paatalo has gotten intel through his private investigation tools to explosive evidence that WAMU contracted with ACS Image Solutions to destroy loan files in August of 2008, a month before the September 2008 Receivership in BK which WAMU was forced into as a result of the meltdown of their overall accounting balance sheet in the summer of 2008…
 
Tonight I will discuss the curious case of blatant economic fraud on the entire country by investment banks. They figured out how to eliminate the risk of loss on lending, how not to be labelled as a lender subject to lending laws, and who pursue collection, administration and enforcement of obligations that do not exist. And then by denying the re…
 
Great Gig if you can get it: Lehman Brothers in their bankruptcy (BK) here in 2020--yes 2020--is having to respond to a proof of claim (POC) which has been filed in the Lehman BK by Nationstar, along with a stipulation which effectively confirms the POC, to the effect that Nationstar is affirmed to have a right to collect from the debt originator L…
 
The system has been caught flat-footed by the banks' strategy of weaponizing the court process to prove a nonexistent claim. Homeowners and many lawyers throw up their hands claiming that the banks are just too strong. But the banks are actually weak, once you poke behind the armor. Of the thousands of cases in which the homeowner won or achieved a…
 
Charles Marshall will discuss the Hearsay Rule by referencing the details of Federal Rules of Evidence (FRE) 801, which defines Hearsay as the term applies to legal proceedings in Federal Court. The evidence rules of the various States all largely mirror these Federal Rules. Then he will breakdown some of the exceptions to FRE 801, with particular …
 
You received a loan, didn’t you? You didn’t pay, did you? You signed the note, didn’t you? You signed the mortgage didn’t you? Why all of those questions are irrelevant. how to instruct the court and convince the judge to rule accordingly is a skill that most people, including lawyers don’t possess, because they share a mythology with the judge tha…
 
See Bill Paatalo's Blog post of August 21 re how the Lehman Brothers BK of 2014 served as conduit for enabling Bill himself to do a deep-dive analysis of a database of almost 100,000 loans spread over approximately 250 securitized trust transactions associated with one RMBS Protocol. His analysis took place in what was a sample audting of securitiz…
 
In this episode, Heather talks with fellow Real Estate Agent Shaun Israel, also from KW Inspire. He’s her go-to guy when it comes to getting someone into a rental. One of the biggest questions she gets when she's working on a short sale, for example, is: Can I Find a Rental if I’m Behind on My Mortgage or Filed Bankruptcy. They’ll discuss the answe…
 
Just like 2008, people are not making payments for rent or mortgage in record numbers and most of them are not covered in any formal agreement with anyone, much less anyone authorized to offer forbearance or modification or settlement. And just like 2007-2008 when many analysts including myself were calling out to take action to avoid a crash, nobo…
 
Bill Paatalo will post on his Blog today details on what he and host Charles Marshall will cover on the Neil Garfield Show today: First, a revisit to the LSF9 Master Participation Trust, with the use of a Pennsylvania case to highlight how this 'Trust' is used to create legitimacy for a fake Bank of America merger. Second, Bill exposes significant …
 
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