LivingLiesTheTruth – this web site presents the truth about issues Neil Garfield and his acolytes raised on Garfiels’s LivingLies blog. Legal issue observers have taken exception to some of Garfield’s law analyses and commentaries. In particular, Garfield’s views seem to support the foreclosure defense business model that reliably causes borrowers to lose their homes or to accept an onerous and burdensome loan modification. Garfield attacks securitization and the lending system. That leads lawyers and pro se litigants to raise such issues in an effort to defend against foreclosure. Those theories of defense typically (nearly always) fail in the long run because of the principle that a borrower who breached a valid note must ultimately forfeit the collateral. In other words, NO viable foreclosure defense exists. History shows that borrowers tend to win compensation or setoffs against their debt when they artfully attack the validity of the loan. That means borrowers must seek and find the injuries they sustained in the lending or servicing process if they want to win anything meaningful.
Garfield says lawyers “get it” if they follow his philosophy of foreclosure defense. We believe they don’t get it, and that their business model leads borrowers astray. That means such lawyers use “cookie-cutter” pleadings (essentially the same pleadings in every foreclosure defense) for one purpose only – to delay the inevitable loss of the house. Or they will delay it and then convince the borrower to purchase a loan modification or short sale service from that lawyer, from which the lawyer makes a handsome commission. In this business model, the lawyer charges hundreds of dollars monthly “for as long as we can keep you in the house,” and then abandons the borrower at the last minute, often failing to show up at the summary judgment hearing.
We believe Garfield and his minions will never acknowledge themselves as liars and philosophic frauds. We believe most mortgage victim clients of those lawyers who “get it” should sue for legal malpractice because the attorney led them into the jaws of foreclosure without ever bothering to examine the loan for torts, contract breaches, legal errors, and regulatory violations that gave the borrower causes of action. We like the idea of exposing their crookedness.
So, we encourage you to offer comments on the articles here, and to name names when complaining about the attorneys who could have helped you get compensated for your injuries, but didn’t. We believe your comments will do more good here than on the LivingLies blog. Readers here will see support for our positions against what we consider as the false doctrines of LivingLies and associated lawyers who don’t get it. We won’t tell you lies, and we will often support our views with salient case law.
We also encourage you to scan any foreclosure complaint and your attorney’s corresponding pleadings, upload them to http://archive.org, and post the link on this site so others can read and compare them. And we encourage you to post your wins in your comments, as well as your losses.
Over time, we will add permanent content via actual web pages, not just blog entries. Please look for the menu at the margins. Also, feel free to follow this blog and share it in your social media pages. We encourage you to create an account, become a subscriber, and tell your friends and associates about this site BEFORE they get in trouble with a mortgage.
You can find other informative articles and commentaries on the Mortgage Attack web site.
By the way, please don’t take my comments as a personal denigration of Neil Garfield. Although I have not met him personally, all of my interactions with him have had a genteel timbre and gracious quality. He seems like a very nice man to me. I just don’t agree with his business model or the underlying philosophy of litigating the wrong issues.
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