Our services consist mainly of the following:
30 minute Consult — expert for lay people, legal for attorneys
60 minute Consult — expert for lay people, legal for attorneys
Case review and analysis
Rescission review and drafting of documents for notice and recording
COMBO Title and Securitization Review
Expert witness declarations and testimony
Consultant to attorneys representing homeowners
Books and Manuals authored by Neil Garfield are also available, plus video seminars on DVD.
For further information please call 954-495-9867 or 520-405-1688. You also may fill out our Registration form which, upon submission, will automatically be sent to us. That form can be found at https://fs20.formsite.com/ngarfield/form271773666/index.html?1452614114632. By filling out this form you will be allowing us to see your current status. If you call or email us at firstname.lastname@example.org your question or request for service can then be answered more easily.
THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
Bill Paatalo, whose case opened the door for homeowners on the issue of rescission and other matters discussed on this blog, asks the central question: His telephone number is 406-328-4075. If the WAMU process involved destruction of documents, no endorsement and no assignment, then how can Chase retroactively correct this fatal deficiency in the absence of producing proof of the money chain? Courts have been ignoring this question but the tide is definitely turning.
But his question has a much wider scope. The same question applies to the mergers and FDIC deals across the country that occurred in the aftermath of the mortgage meltdown.
Read his article and his support and you will see that the fatal defects exists. Courts have been ignoring this because of their improper presumption that the transaction really occurred when the loan was originated. But all evidence points to the contrary and no evidence points to any other conclusion, to wit: nearly all the loans were table funded (and therefore predatory per se under REG Z). and that means that the “originator” was not the lender, creditor or source of funds for the origination or acquisition of the alleged loan.
The argument in opposition is “Where do you think the money came from?” THAT is not argument. It is obfuscation. The fact is that the ONLY parties with the real answer to that question refuse to reveal the truth. It is hardly a reason to shift the burden of proof or the burden of persuasion to the one party with the least access to the truth.
At some point the courts must stop accepting self-serving statements from counsel as the basis upon which they issue a ruling.