FLORIDA WORKSHOPS COMING UP – Nov 1-2, 9.5 CLE Credits Florida Attorneys AND OTHER STATES

What Lawyers Are Saying About Neil Garfield’s Seminars

PLEASE SUPPORT THIS SITE !!! Donation-form-1108

—–LAWYERS WORKSHOPS COMING UP—– 

November 2, 2009 Clearwater Bch FL

Download Workshop Registration Form Below 

Lawyers Workshop Registration Form – November 2, 2009

Florida Bar approved 9.5 CLE Credits

California Bar approved 8.0 CLE

Check with your individual Bar Assn for reciprocity requirements on out of state CLE seminars

PURCHASE 600 Page Lawyers Workshop Manual: Request to Purchase Lawyers Workshop Handbook-v4 0909

TRO GRANTED READ THIS: excellent-mers-analysis-illegal-scheme-to-avoidevade-state-law-taxes-fees-fines-penalties

covered-in-the-garfield-continuum-workshops-you-can-look-this-stuff-up-in-wikopedia

How to Save $$ while attending Garfield Event(s) 

* Reserve Workshop Seat NOW for Early Bird discount on Registration

* Mention Garfield’s Foreclosure Defense Group when reserving rooms to get special Group Rate of $99 on room at Sheraton Sand Key Hotel & Resort. Reservations must be made by Oct 23,2009  to get discount

*Fly in on Saturday as airfares are always cheaper with a Saturday night stay, 1/2 price in many cases.

*Check Southwest Airlines they are economical, many flights to Phoenix and worth driving an hour or two to a nearby city if you have to if they don’t fly out of the city you live in…

 


 

Work and Play in Clearwater Beach FL

Note: If you are planning to attend it would be wise to book early. Experience has shown us that sometimes a large number of lawyers show up at these workshops intending to register at the door. We don’t want you driving two hours only to find out we don’t have a seat for you.

Suggested Reading:

  1. Analysis from German writer describing the economics of asset backed securities: vink_empiricalanalysis

  2. fordham-and-creighton-law-reviews-on-securitization-and-holders-in-due-course

  3. harvard-paper-diagrams
  4. predatory-lending-practices-cardozo-law-review-ssrn-id929118
  5. title-company-sues-countrywide-exposing-deep-flaw-in-loan-closings

  6. standard-and-poor_s-classification-of-home-loans-and-predatory-rating
  7. california-statutes-foreclosure
  8. ten-reality-questions-answers-sb_1137_faq_rev_3

A Case that should have been won and that probably still can be overturned:

deutsche-bank-national-trust-queens-case

The lenders already got their money from sale of the mortgage and note, they want now the property and a deficiency judgment, attorneys fees and costs too. Such unfairness was addressed thousands of years ago.

From the Scriptures: Respect and Ownership

predators-bill-from-newsweek

CONFLICT OF LAWS:

Most states have adopted the Uniform Commercial Code without making any revisions. The UCC is an outgrowth of the Uniform Code arising from the Hague conventions. Thus the laws concerning indorsement, transfer, accommodation and assignment date back hundreds of years from common law from over 30 countries. Variance in application of these laws carries with it the probability of undermining the confidence that people will have in knowing that contractual obligations will be enforced and that they are protected by legal conventions that are accepted all over the world. In the context of the mortgage meltdown, the ONLY defensive positions that can be taken by those who would enforce securitized notes and mortgages, given the predatory practices employed and the failure to disclose the inflated pricing and valuation on both sides of the transaction — the investor who put up the money for the loan, and the borrower who signed the papers — is to run contrary to established law. An indorsement in blank generally means nothing without more. It does not convert the instrument to a bearer instrument. An accommodation indorsement fails to provide “cover” which is necessary for one to claim being a holder in due course. The following is an old treatise comparing laws from various jurisdictions. The inescapable conclusions are that the laws that were taught in law schools 100 years ago, 50 years ago and even 25 years ago are all the same. The only party capable of claiming the status of holder in due course is the investor who purchased certificates that gave him/her/it a share of a pool of assets which consisted of, in its purest form, a pool of notes and mortgages that were corrupted by the promise (unknown to the borrower or the investor) to apply payments to parties OTHER THAN the holder in due course. This has the obvious effect of separating the stream of revenue from the original obligor (and co-obligors acquired along the way) from the security instrument (the mortgage) which si a recorded document, as should be any assignment thereof. The parties holding the mortgage and the parties to whom the revenue stream is pledged are different, diverse, and in most cases unknown as they are dependent upon conditions subsequent that were undisclosed to either the borrower or the investor (overcollateralization of the asset backed securities, cross guarantees between tranches, insurance against loss, credit default swaps etc.). Hence the obligation was converted from a secured credit transaction to an unsecured unliquidated contingent contract obligation, subject to affirmative defenses and counterclaims, including the quieting of title, from the borrower. Conflict of Laws as to Bills and Notes

19 Responses

  1. I would like some advise on what I should do. I filed a complaint against my lender and broker Pro-Per back in October 2007. The basis of my complaint is that my loan documents were forged and was the victim of predatory lending. I filed Pro-Per because I was unable to afford a lawyer. I have been able to survive two different Demurs and Motions to Strike and Motion for Judgement on the Pleadings and have a trial date in March 2010. Over the past two years I was always careful to follow the court’s procedures and comply with all deadlines. In May 2009, I hired a lawyer that read my story that I posted on this website. When I met with her, she was confident that she could help me and was very convincing. I felt she had the same passion that I did to fight against predatory lenders and win my case. I informed her up-front that I did not have much money. I paid her a retainer and she said I could work on her home and also file court papers as she needed me. At the time that I hired her, I was about to attend a deposition by defendant. She attended the depo with me, but she stated that she was unaware of the details of my case, so she was not objecting to anything, so I left the deposition feeling that it did not go well. When I first met with her, I informed her that I needed her to send out discovery and set up depos, She stated that she wanted to Amend the Complaint to add additional defendants and Causes of Actions. None of this has been done as of today. Seven days after I paid her the money, she was threatening to withdraw from my case because she said that I was not complying with her requests for my documents, which was not true. I gave her all the documents that I had. She also said that she was unable to get in touch with me, which was also not true because I had been to her house numerous times to do work. Defendants served a Request for Production of 22 different documents, and the day before they were due, she called and informed us that she was not able to prepare the documents and that we needed to do retrieve the files from her home, which is at least 25 minutes from where we live, put the documents in order and make copies and bring them back to her. She was very verbally abusive toward us and after a confrontation occurred between my girlfriend and her she informed me that I was not to discuss my case with her or she would resign. This made it very hard for me because my girlfriend has helped me from the beginning. She never should have had us doing her job to begin with. We are not attorneys’ and that is why I hired her. She became very negative and said that I was going to lose my case and the judge was going to dismiss it.
    After her first CMC (which she filed the statement late), the judge required a status letter to be filed by a certain date with she did not do. Over the next several months, I was at her home at least every other weekend and during the week, filing documents, all over the bay area, never missing any of her deadlines for her other clients, always available when she needed me. I had requested more than once that we discuss the details of my case and our strategy’s and she refused stating that there was no time for that and she was not going to waste time listening to me. As the next court date approached, she did not file a timely CMC statement or a status letter. I sent her a lenghly e-mail with my concerns that she was not properly representing me and did not treat me with respect. After several attempts to contact her, she finally telephoned me and informed me that she wanted to withdraw from my case, and that I needed to sign a Substitution of Attorney and that the judge would most likely be dismissing my case and trying to intimidate me by saying that I was going to lose my home. I refused to sign anything and told her that I would see her in court. This was the third time she had threatened to withdraw and it had only been three months since I hired her. By the day we appeared in court, she had not filed a substitution of attorney or had she filed the CMC statement. She arrived late to court and immediately informed the judge that she would be resigning. The judge wanted us to try to work it out. As soon as I requested to speak, my attorney said that she would be willing to step outside and talk to me. We worked out our differences and informed the court that she no longer was resigning and the judge assigned my case to mediation. Again my attorney stated that she wanted to amend the complaint to add additional defendants. The judge said that she should do this immediately. The judge ordered that we choose a mediator and inform the court within 30 days and set a Compliance hearing. My attorney again did not comply with this request even though I worked for her again and sent her a reminder email to notify the court. She not only didn’t send a status letter, she also failed to appear at the compliance hearing and now is subject to sanctions. The judge has ordered both attorneys to appear to show cause why she should not sanction them further or dismissal of the actions/striking of the pleadings pursuant to CCP 177.5 and 575.2.
    This is where I stand now. I sent her an e-mail asking her why she had not complied with the court and that I was very concerned because she had not done anything she said she was going to do. I also asked her what the judge meant by that. She said that she had chosen a mediator and did not know why the court did not receive any documents from the mediator. It is not the mediator’s responsibility to notify the court. It was hers. She then informed me verbally of the mediation date. The OSC hearing is set for 11/05/09 and she is to file a declaration by 10/29/09. She has not filed anything in my case since June 8, 2009 which was one week after she was retained. She has not provided me with the legal representation that I am entitled to, nor has she conducted any discovery or responded to any of my requests. I don’t know what my legal rights are. What happens to my case, if she continues to be noncompliant. Would the judge actually dismiss, and if so, what is my recourse?
    I have worked so hard fighting lenders, brokers, and their attorneys. I have gone to the Department of Real Estate, Department of Corporations, District Attorney’s office, Department of Justice, and even appeared on Channel 7 on your side with my story. I have stopped the illegal sale of my home five times, with the last time on the court steps at 12:05 p.m. on the day of the sale. I have never given up and am still in my home and intend to remain here for a long time.
    I believe in what I am fighting for and intend to try to help innocent homeowners who are victims of Predatory Lending Practices and against crooked lawyers who are misleading and taking their monies.
    This is why I am asking you for your advise as to what I should do. I am posting this on your site because this is where she found me and I don’t want this to happen to anyone else.
    I want you especially to become aware that this is happening on your website. I was told that I should not make a complaint with the State Bar while she was still representing me. I do not have money to hire a different lawyer, but can I proceed with a lawyer that I do not trust.

    Neil, thank you for taking the time to read my story. I anxiously await your reply and the comments and advise of your readers.

  2. Hi Neil,

    I attended the seminar in LaJolla last month. You mentioned you were going to put up the names of lawyers who attended your seminar on the “lawyers who get it” section of your website. I am an Attorney in Phoenix, Arizona and your manual states you do not have many Arizona attorneys attend your seminars. Well I attended, enjoyed the information and I am looking to help Arizona homeowners with the “produce the note strategy. I can be reached at (877) 276-5084.

    Thanks again,

    Steve Vondran

  3. Gary M. We are not perfect. Next Seminar is in Tampa on Nov 1-2. San Diego will come down today. Spread the word

  4. The Headline here says there’s a Seminar on Nov 1-2, but the San Diego conference is still up there. Will you be putting the order form up? We’d like to attend and start planning asap.

    Thanks,

  5. I am interested in your services I have started with a company that has taken my money gave me one letter
    and never heard from him again. Pleas contact me I
    would like to proced with your services. You can call
    me 951-205-4437 cell Thanks Earl

  6. (note: All I am looking for right now is to stop the sale ((again)) get more time and present the facts and uni-lateral alternative to the judge and win this case)

    Hello all,

    I have been fighting this for over 23 months now “pro se’”. The sale has been halted 3 times but now I really want this to end now. The sale has been rescheduled for this week and am discovering things that I need to prepare to present to the judge and overturn his ruling and eventually dismiss the case. Incredible but true is the fact that even with this sometimes we still catch ourselves like deer in the headlight, yet have to still move one and defeat this. I wanted to get some feedback from my peers (Garfield/ Pro se/ Activists/ Real Attorneys) as well as suggestions for this.

    I am wanting time to post pone the sale again specially since the bank now doesn’t want to provide a “loan mod” and is not cooperating at all. I want to file an emergency motion for hearing but do not want to use the wrong wording or provide the reason for the hearing on the request since I am sure the attorneys for the bank will be notified of this somehow. I am not sure if self filing a bk with the property on the unsecured assets part will be a temporary solution while I present my case to the judge. Or what other steps/procedures that are my right to take I might have.

    I have to go out of town and wanted to file the Emergency motion for hearing for tomorrow but wanted to file it tomorrow morning for that same day since I want to properly file it so I can get more time… by the way… the request to postpone for another 30 days by the judge was never done and never issued but I don’t want to rely on that… I want to use the power of the word to give the judge no other choice but either postpone it or have the court of appeals listen to the case. All I am looking for basically is to buy me some additional time until I can go in front of the judge and win this case finally. I thank you all and congratulate on this mission to help each other.

    By the way, the bank is Wamu (actually chase) I sent a QWR to them and did little to nothing to persuade any change. I was not properly served since I was out of the country for medical reasons and could not respond on time within the 20 days with passport proof. I also sent a Demand for validation of debt and offer of satisfaction with that demand which they failed to properly respond at all but was filed in the court and was given the demand and offer of satisfaction under UCC rules.

    Any and all suggestions are welcome and this can help others in the long run as well.

    Thanks

  7. Please call me at (805)794-2323 to find out about your seminar (the cost & all details). Could you also leave me you phone # to call you. This is the seminar on foreclosure defense. Thank you.

  8. I can’t find the registration page or cost of the orlando seminar. Can you post the link?

  9. I would like to chat with you, please, regarding you speaking to our group on a few tele-conference calls with radio simulcast. Our group is just under 4,000 in membership with a listening audience somewhere in excess of 250,000.

    regards,
    ME

  10. Are you coming to Northern California at all? I would like to attend.

  11. Please organize a workshop for Lawyers and Homeowners in New York. Nassau and Suffolk Counties. When you do organize a workshop, please let me know and I will be your “biggest” advertiser.

  12. want to attend seminar …. will taravel…………

  13. When is the NEXT seminar??? dont care where will attend…………….thanks

  14. When will you do a workshop in Orlando or Tampa, FL?

  15. What is the cost for the Spring Workshop in Orlando and how do I reserve a seat early?

  16. I’m in South Dade. I have helped some homeowners probono. I am not a lawyer, I have also been a consumer’s advocate. The courts do listen when they hear how these banks and three lawfirms representing lenders act!! Please get in touch to share some thoughts.

  17. When, Where will workshop be. I live about 45 min from Oakland, CA

  18. When are you coming to Southern California or Northern California? I would like to attend the homeowners seminar. I will book early .

  19. When and where is your next seminar ?
    I would like to attend it.

Leave a Reply