The Neil Garfield Show: Challenge your Mortgage Servicer and Successors- Overcoming Legal Presumptions

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Tonight’s show is a rebroadcast from June 23, 2016.  The episode is still extremely relevant to fighting fraudulent foreclosure.

Neil Garfield and southern California attorney Charles Marshall discuss the recent Massachussetts case US Bank v. Bolling.  For years legal presumptions attached to “facially valid” documents and the banks and servicers were able to argue through their sham surrogates (“successors”) that any inquiry beyond the paper trail was irrelevant because the the issue had already been decided in the early motions of the case wherein those legal presumptions were used to sustain the implied perspective of the banks, servicers, and their surrogate successors. The tide has changed.

Charles Marshall, Esq. attorney in Northern California joins us again as the featured attorney. Charles has been a long time supporter of the livinglies blog and has contributed to the analysis and strategies that are reported on the blog. He has exceptional critical thinking skills and the ability to understand the strategic winds that are blowing. Things are changing rapidly. We’ll be talking about Yvanova, Keshtgar, Lundy, TILA Rescission and current trends.

Charles Marshall

Law Offices of Charles T. Marshall

415 Laurel St., #405

San Diego, CA 92101

Phone 619.723.7071

Fax 866.575.7413

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6 Responses

  1. You know I’ve been following all of the blogs and comments to, also have done a lot of research in law books on my own because of living in the state I do. I’ve ended up having to file bankruptcy because we as a family have lost almost everything. Over the last several years I’ve tried, very hard, to work with my mortgager, to apply to government programs, to work with non-profit organizations and even paid several different attorneys, who all said “they guaranteed” that with all my documentations I would be able to work out something to save our family home. All our monies, savings and hopes have been in vain as no one has done anything to even try and work out anything! My husband has been disabled since the 90’s, I was gravely hurt on the job, after I finally was in my prime with a great career, that I was happy and good at, as the bread-winner of our family. I found out also I had cancer, which I fought and beat, then my company lost the contract that ended with letting around 600 people to be let go from a great career and then ended our survival salary I earned to provide for our family. I have all the paperwork to prove that they are really stealing our family home but we, of course, don’t have the money to pay anyone to fight this. We’ve lost all our savings, 401K, and three only positive thing is the lawyer that was gracious enough to cut her fees so we could at least file bankruptcy to give us time to find somewhere to move and not lose our belongings and be put out on the street. Why won’t someone actually care enough to help someone like us!

    Pamela Bunn

  2. I so would like to hear what was disucced in this show.  I have been druged out beause of surgery, after a severe car accident that was Not my fault.  Is there any way I can hear it???  I am in IL and I  pleaded this as part of  my VAcate VOID before the Trial court and It is now on appeal.  They allowed my a Stay of Possession  penidng the Appeal.  The Bassman case now scruitinized in the Bolling case as you know was not allowed to be heard by the Supreme court here and IL. I would apprecaite any help pleading this in my Appeal as the Appeal Breif is due Nov. 11, 2016, which i plan to ask for an extension becasue to the surgery yesterday and an additional surgry pendig for a Maglignant Melanoma.    As a single Mother, I am tryng to save this house so my ten year old daugher ahs a better life-School District to grow up in. I could not find a competent lawyer to plead my case thus have been pleading it myself. Litvin Law who did nothing to defend me  earlier in this case was removed by me because they did nothing to help me. I won a fraction of the money I  spent over $5000. in attorney fees. I won $575. in a class Action suit against the Litvin Law.  Later I had to fire my second attorney as he basically gave my case away at the Summary Judgment hearing. 

    I thikn II have enough on the record and you ahve helped me so much to show the Judges errors and I thknk i have a chance at winning on Appeal.

  3. US Bank National Association v. Bolling, 90 Mass. App. Ct. 154 – Mass: Appeals Court 2016, was decided on September 1, 2016.

    The court decided against Bolling.,196

  4. Unfortunately……Wendy Bolling lost her case on appeal

  5. @ Patricie Derenoncourt

    Please post the details and documents.

  6. I just got a win in Pennsylvania!

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