Garmin factors: Proving Your Need to Force the Opposition to Respond to Discovery Requests

For further information please call 954-495-9867 or 520-405-1688

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see Garmin Factors to Justify Order Compelling Discovery

Lawyers Practice Note: Compelling discovery is the most important part of foreclosure defense. The current strategy of the banks is to object to practically everything. Set down their objections for hearing and file a motion to compel. But in your motion to compel you need to establish both facts and law entitling you to the answers to interrogatories, production of documents and answers to requests for admissions. The last thing these banks want is to open up their books and show there was no consideration for any of the paperwork that pretends there was funding of the original loan or that there was no consideration for any alleged sale — because in the absence of that there was no loan and there was no sale. That would make them strangers to the transaction clearly lacking standing.

The first Garmin factor requires that the party requesting discovery should already be in possession of evidence showing, beyond mere speculation, that something useful will be uncovered by the discovery requests. Here, the patent owner had only established the “mere possibility” that something useful would be found, which was not enough.

[Editor’s Note: If no holder in due course has been alleged or there is an absence of documentation proving the essential elements of a party entitled to enforce, that might be enough to convince a judge to compel discovery. If you can show conflicts in the documentation already provided by your opposition, that should close the deal.]

the third Garmin factor, provides that it is not in the interest of justice to require a party to produce information the other party can reasonably figure out or assemble on its own without additional discovery of the opposite party.

[Editor’s Note: The actual best evidence of the existence of a true transaction is the canceled check, wire transfer receipt or ACH confirmation. This is solely within the care, custody and control of a party seeking to foreclose — and if it isn’t available, they should not be in court because they cannot prove standing]

the fifth Garmin factor, which provides that any additional discovery should be “sensible and responsibly tailored according to a genuine need.”

[Editor’s Note: Since most defenses are predicated on the real ownership of the debt, the real status and identity of the creditor, and the real rights to the note and mortgage, if you state your narrative in your motion it is apparent that this goes to the core of your defense. By denying the request to compel discovery the court is effectively denying your defense even after it has survived legal attack by your opposition when they moved to strike your affirmative defenses.]

21 Responses

  1. More proof this evil plan exists for what Obama calls “The Fundamental Transformation of America,” into a fraudulent induced, fraudulently controlled, Globalist Securities Fraud Investor, Secret Martial Law Police State, aka a giant coast to coast, nationwide U.S. FEMA CAMP.

    A few years ago Illinois citizens in Illinois South Suburban Robbins were thrown out of their homes. The reason given to the local media by one local politician was the land was going to be used as a “quarry,” and a “horse farm for the blind.”

    That is the arrogance of these Globalists who care nothing about anyone. It is all about seeing how far they can push the people by pushing them around with no legal basis.

    They want to force rebellion.

    That is the only way to get their evil work
    accomplished.

    Sooner or later every American citizen will be forced to rebel to save their own life. That is a given because that is the entire ideology of the premise behind Marxist-Leninist Re-socislism aka Saul Alinsyism.

    Community Organizers are the enemy within who are secret foreign national sub plants. They are sub planted here by our enemies in the financial world who
    hate the U.S. Bill of Rights. Therefore, they hate the natural born U.S. citizenry because of all of the natural born legal rights that legal document affords us.

  2. These evil doers plan on using the entire medical establishment to intentionally misdiagnose their victims with well contrived mental illnesses that do not even exist to drug up the entire U.S. population to force compliance with all of their evil plans for the entire U.S.
    citizenry.

    The “investors” in their own Securities Fraud plan on leading every U.S. Citizen esp. those born here to their pre-planned slaughter.

    That is what has been fraudulently induced under the Healthcare Law/Tax, a Nazi war tribunal where everyone is assumed guilty and there is no legal
    protections because these crooks
    hijacked our U.S. Birth Certificates unlawfully and illegally under the guise
    of the Obama Recovery and Reinvestment Act. These “investors” are mafia thugs who
    unlawfully swapped out our property
    titles to deny every U.S. citizen born here their natural born legal rights to defend themselves. That is why the Obama Administration are after everyone’s 2nd Amendment right to keep and bear arms. No politician or anyone has the legal right to deny you your 2nd Amendment right to defend yourself under any
    circumstances. If they do, that is illegal. They also do not have any legal right to deny any U.S. citizen born here their legal right to travel.

    But they are. That concretizes the argument that we are living under a fraudulently induced “investor” dictatorship who are denying the legal rights of We The People by abusing our power. This was done by the “Globalist investors” in their own Securities Fraud by identity theft. These imposters, posing as U.S. citizens, stole our Social Security Numbers to unlawfully and feloniously use our identities, posing as agents who work for agencies within the U.S.
    State and Federal Governments. This was done by committing Fraud in the Issuance of Credit vis a vis millions of Fraudulent “Mortgage Originations.” Then by the Overissuance of Fraudulent Imvestments by their foreign espionage agents up on Wall Street.
    AIG and their minions and cohorts, mainly over at J.P. MORGAN CHASE/ MORGAN STANLEY, were committing Global Securities Fraud and fraudulently insuring their own Fraudulent Investments by Fraud in Issuing of a U.S
    Government Securities Contract by
    committing international and Global
    Stock/Bond. Fraud in the Sale and/or Issuance of a U.S. Government Security.

    These crooks consider “risk” to be “moral hazard,” and fraudulently insured investments in what they deemed to be our own individual “moral obligation” to repay these Globalist Investor Crooks for committing the most dastardly Breach of Contract suit in U.S. Government history.

    These demons from hell fully intend to throw every American into their FEMA mind control Camps when they all finally wake up and realize they are all working for virtually nothing.

    That is what the drugs are for but are of no good use to anybody because they are suffering from the underlying cause, a Government that is completely corrupt and useless. They are trying to mind control the people so severely because they all got caught, they are fraudulently inducing symptoms of severe
    post traumatic
    stress disorder. This is all unlawfully and illegally being caused by being forced against our own free will. We have all been forced to live their lies under decades long severe lies, fraud and criminal abuse. That was done by the use of highly illegal and abusively severe Nazi like
    mind control tactics.

    The symptoms of post traumatic stress disorder are
    the intended result of the ongoing cover up of the Origination Fraud, Global and International Fraud in the Issuing of Credit.

  3. Has anyone ever tried to divorce a demonic entity?

    You can’t.

    The reason being is that marriage is a legal nullity, null and void because you could have had no possible way of knowing of the deception.

    That is an intent to deceive to do harm or permanent harm to another.

    However, that fraud is incredibly hard to prove.

    That is when this evil takes advantage of the bad situation it created and tries to disable its targeted victim.

    That demonic entity never thought you were intelligent enough to catch it trying to destroy your life by illegally stripping you of all of your equity to illegally swap out your Title to who you really are.

    That is what is really going on in fraud closure, Title swapping to identity switch.

    It is the old bait and switch routine. While you are looking over there for the real culprit, the real culprit is spying on you by sharing your living quarters with you.

    That evil entity has secretly unleashed all of unholy hell upon you just to try and control you to keep you from finding out you are its targeted victim soul. It wants you living in purgatory, repenting for
    all of its own secret evil doings it committed against you in secret.

    It will manufacture many ungodly scenarios to try and make you go along with all of its evil plans it made for you in secret meetings, under secret oaths, it pledged your soul to another entity not
    unlike itself.

    Frausclosure is all about human sacrifice to steal the souls of humanity, by committing innumerable amounts of satanic ritual abuse practices in open secret.

  4. The “closing attorney” from my “house closing,” Richard Chisolm whose office is Orland Park, Illinois inside of a bank, (imagine that), told me in one of our meetings “they” are all gonna get caught.” I bet he never thought he would or I would be the one who caught his lying, theiving , conniving traitor ass. Yes, they all lie through their teeth with straight faces and no conscienses to the point it is absolutely sinful. It can only therefore be the work of one evil entity, the devil itself. This evil does indeed take on many forms to try and control the destiny of anyone good in the world. It is an evil world. More evil than I ever imagined that’s for sure.

    We have public defenders paid by We The People, in cahoots with demonic entities, as well as Lawyers, Doctors, Nurses, Hospitals, Hospital Administrators, Judges, Supreme
    Court Justices, law enforcement agents
    and their agencies as well as every tom,
    dick and harry imaginable. To say this is a vast criminal conspiracy is a humongous understatement.

    This is biblical end of the world scenario type
    of stuff.

    What can be said about a society where nearly everyone is willing to throw anyone under the bus to save their own criminal hide?

    It is the last picture show that is swifly leading up to the final picture show IMHO.

    When you can trust virtually nobody that is the sounding of the final trumpet leading this country and the entire world into the final battle of Armageddon.

    While the troops are overseas fighting to protect the Banksters best interests, their biggest victims are left here to battle them blind and defenseless in most cases. The reason being is the enemy is hiding within our own houses and businesses.

    How can someone know that a person has sold their soul by pledging the souls of others?

    In most cases unfortunately, not until it is much too late.

  5. Fraudclosure is part of a vast trauma based mind control program by our enemies both foreign and domestic. What is more traumatic then being left no choice other than to defend your Titles pro se in fraudclosure, than finding
    out all of the traitors in your life are people you trusted your entire life?

    It is a real life horror like freak show for sure, to find out the closest and dearest people in your life are not only investors in there own foreign espionage scheme but are foreign espionage agents.

    That is the whole shocking truth
    Fraudulently Concealing itself in frausclosure. It is absolutely horrendous to feel so hated and so utterly betrayed just because some people did such horrible things to you in secret is why they are acting like complete and utter totalitarian control freaks to try and cover it up.

    Hearing voices (subliminal messaging), or electronic harassment?

    You can bet it is the control freak “investors,” in their own PRISM PROGRAM Control Freak scam to steal your dignity by swapping out your titles to strip you of any proof about who you really are. They were all secretly hired by the Russian/Sicilian mafia.

    You better, you better you bet.

    http://www.psychforums.com/anti-psych/topic52153-60.html

  6. I am certain the connection can be made between COINTELPRO, The “PRISM PROGRAM,” and the “Board of Directors over at AIG, J.P. MORGAN CHASE/MORGAN STANLEY, who are all the control freaks who run the NSA Global spy network. They all work vis a vis our enemies both foreign and domestic.

    Fraudclosure can only be compared to a secret fratricide of our natural born legal rights to defend our Titles to everything by the traitor foreign espionage agents hiding from within.

    The head of the U.S. Treasury
    Department when this war on our Titles began, Hank Paulson is a huge traitor. He put every U.S.
    citizen born here’s life on the front lines of this Islamic Fundamentalist, Muslim Brotherhood type foreign insurrection on our Titles by denying us our liberty to defend our Titles. That is not only unjust and illegal, that is high treason. Not one fraudclosure suit should have ever been allowed to be brought under false pretenses of “somebody, somewhere is owed an unproven and unsubstantiated
    “debt.”

  7. Plaintiff’s failure to State a Claim in written form, by their failure to provide any Genuine or Authentic signed legal agreement, between the two parties, at the onset of their supposed “lawsuit in equity,” by not firmly attaching anything that would even remotely show a proof of loss or anything that would reveal the RPII is legal evidence of Fraud in the Procurement. It is also Fraudulent Concealment of the underlying Security Agreement that would make their claim a legally justifiable “cause of action in
    tort.”

    Without the tort to the contract ever being produced that is Tortuous Fraudulent Representation and Tortuous Fraudulent Misrepresentation of a U.S. Government Securities Contract by not revealing the underlying Security Agreement aka the ABI by Plaintiffs and their “attorney’s.”

    Also, without the written Security Agreement signed by both parties, the Contract was never legally executed.

    Furthermore every single transfer of Title was a Fraudulent Conveyance. If the Issuer is bringing the claim fraudulently without the tort to the original contract and fraudulently transferring the property title around after the suit was filed. That is evidence of Racketeering to gain unjust enrichment, Fraudulent Concealment and attempted Grand Theft Larceny by Racketeering with a Counterfeit Security to create the illusion there is a tort to their fraudulently induced Contract by committing a
    Fraudulent Reconveyance of Title back to the Original Issuer.

    The fraudulent scenarios are unending.

    These unlawful and illegal Acts are all strong evidence of a foreign takeover by foreign espionage agents.

  8. The “attorneys” for the “investors” in their own Securities Fraud are ignoring the entire discovery process. That is because they do not have any written proof of a secured, legally enforceable lien or anything in writing that would satisfy the Statute of Frauds.

    My soon to be ex and I were told out in the hall of the courtroom at the Daley Center by one such attorney from “PHH
    Mortgage,” there is no “Trust,” they have nothing to give me in discovery. He also said they do not need the “Legal Assignment.”

    Therefore, that attorney told me they are committing Securities Fraud. Moreover, they are Racketeering with Counterfeit, Forged, unsecured and uncertificated Instruments and other fake, phony fraudulent documents to gain unjust enrichment from me.

    Those crimes involve numerous felony
    frauds prosecutable under RICO.

    Racketeering states a claim and Counterfeiting is a very formidable legal cause of action. The reason being is the tort to their fraudulently induced contract is missing. That means everything the Plaintiffs and their attorneys entered upon the court record are phony, forged, fraudulent and counterfeit documents. Uttering Counterfeit Securities to gain unjust enrichment involves multiple felony frauds such as Bank Fraud, Wire Fraud, Securities Fraud, Unlawful use of the Digital Signature, Fraudulent Concealment, Fraudulent Representation of a U.S. Government Securities Contract, Fraudulent Misrepresentation of the Instrument, its value and the RPII, etc, etc.

  9. The page exists. Just go to the home page and scroll down to the article about the Red Mafia.

  10. Welcome to the Truth documentary 2014:

  11. FOX business Deidre Bolton discussing with a guest which Government spy agency has legal jurisdiction in regard to “financial crimes.” The guest said the Secret Service are who are supposed to be in charge of investigating “financial crimes.” However, she “dropped the ball,” when she failed to mention whose Secret Service are supposed to be doing the investigating. She said the FBI’s job is to investigate law enforcement. I beg to differ with that so called expert. The FBI has a White Collar Crimes Division as well as a Mortgage Fraud Division. The FBI have done the majority of the Mortgage Fraud Investigating. The FBI have also gone as far as to throw out a “purchaser” who unlawfully and illegally “re-purchased” a fraudclosure victims home because the “seller” was a criminal imposter who had no legal title to the
    fraudclosure victims property. The “purchaser” lost their money as a result of the fraudulent “property sale.”

    The fraudclosure victims were told by the FBI they could move back in their stolen house.

    Thank God there is an honest Agency whose Agents are working on behalf of We The People.

  12. The reason the entire discovery process is being willfully and wantonly ignored by the spy agents attorneys is because there are absolutely no recorded legal assignments, not one.

    Furthermore, and to concretize my argument that these Fraudclosures are being brought under Fraudulent Debt Collection Practices to fraudulently conceal International/Global Securities Fraud, there are no UCC 1 Financing Statements filed at any of the Secretary of States Offices nationwide. It there were, the supposed “Trustee” for the U.S. Treasury Department, your “Closing
    Attorney,” would have attached the International “Bill of Lading” at the onset of their phony fraudulent fore closure “suit” to show proof of loss in writing, at the onset as the law requires to satisfy the legal limitations provided for by the Statute of Frauds.

  13. Linda, you really need a job… Something to keep your hands busy and away from the keyboard. No one reads your prose. At least no one I know.

  14. Fraudclosures have always been a side story.

    The reason being for that is quite frankly, the foreign counterintelligence spy rings, namely Cointelpro are the RPII who are fraudclosing unlawfully and seditiously upon We The People of these United States.

    This is being done by Russian mob owned and controlled Russian Secret Service counterintelligence agents who work for the FSB. These traitors from within are fraudclosing upon the U.S. Citizenry on behalf of the Kremlin in Moscow. These so called “investors” in their own International spy ring, Global Mortgage Note/Drug Trafficking, U.S. Bank Note Counterfeiting, Debt Fraud creating Human Trafficking/U.S. Birth Certificate Racketeering “Outfit,” are posing as U.S. Citizens.

    These foreign spies are International Foreign Espionage Agents who are fraudclosing upon the titles to our humanity to steal our human dignity vis a vis the Russian government in fake, fraudulent, phony, egregious, manufactured and unlawful
    fraudclosure courtroom proceedings.

    These foreign spies were hired by the Kremlin being run out of Washington D.C.

    However the real evil communist resocialist masterminds are directing this entire Russian Counterintelligence Pogram from Chicago’s City Hall.

    Their Russian Counterintelligence spy headquarters is located across the street at the “Daley Center” located at 50 West Washington.

    You cannot miss it. It has the big giant Picasso of Satan out in front of its Russian spy headquarters.

    We know this is all true because quite frankly these crooks have no legal assignments in order to base their claims.

    That means quite frankly everything these felons are doing is uncertificated & undocumented and that is why nothing is verified. Meaning in legal terms, none of their Attorneys or their “Documents,” are Genuine and Authentic. That is why none of these foreign agencies “claims” have affidavits attached to them. That is because there are no torts/International Bills of Sale in written form, attached at the onset, or at least by the commencement, of their international Global Sexuritues
    Fraud U.S. Birth Certificate/human people
    swapping/Drug Trafficking International “Cointelpro” Fraudclosure Racket, as the law requires.

    So the real question is, which Global International Counterintelligence spy ring are fraudclosing upon your U.S. Birth Certificate unlawfully. The RPII is the U.N. and they are secretly run by the Kremlin as well.

    More than likely the answer to that question is COINTELPRO. They are perps of AIG’s counterintelligence spy pogram aka the PRISM PROGRAM and nothing they ever do is legal, moral or ethical.

  15. Foreclosures are going to become such a side story! Time to get some serious perspective. 2015 is going to be interesting…

  16. How do I get evidence to show the judge to order discovery in my foreclosure defense case?

  17. @ Christine ,

    You say Tomáto I say Tomäto.

    This is good advice … I’ve dealt with processors with hidden rom that couldn’t be accesses by any known hack or glitching machine… the concepts are the same ,, one side has the only access to the knowledge that is needed to prove or disprove a theory/case … the Garmin case wasn’t a simple BS case like Apple V. Samsung about rounded corners on a phone case that are clearly visible to the naked eye.

  18. No Discovery = No Transparency = Corruption

    NEVER AGAIN

  19. I read the original article and this post by Garfield lacks the most elementary honesty. The intent of the author was to discuss garmin IN THE CONTEXT OF PATENT LITIGATION!!! To extrapolate as Garfield does (and thus imply that it is applicable to foreclosure) is disingenuous and dishonest. Then again… nothing new there.

    Requests for Additional Discovery Governed by Garmin Factors re: Patent Litigation
    posted on: Tuesday, December 30, 2014
    Seoul Semiconductor Co., Ltd., et al. v. Enplas Corp.

  20. Natalie:

    Good Discovery tips! Happy New Years to you!!

    Michael
    Sent from my iPhone

    >

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