I have begun fleshing out LivingLiesTheTruth.com to make it more useful to everyone who wishes he for that info from the living lies blog. I just added a HEROES & HEELS page where people can write the names of the lawyers who bilked them out of money and led them into the jaws of foreclosure without ever examining the mortgage, or where they can write the names of lawyers who DID examine their loans and used the causes of action to attack the malefactors.
I intend to add pages explaining TILA, RESPA, and other regulatory laws, but honestly, the discussions in the rescission thread showed readers all kinds of case law that explains how the courts will rule in that issue. Google scholar and other opinion repositories have become excellent resources for people to look up cases and read them. I believe the law and regulations speak clearly for themselves, and the opinions show that judges, with help from the smarter lawyers appearing before them, just dig in and do the same kind of research all of us can do in order to come up with a viable opinion. Most of the time you will agree with them because their opinions make sense.
That’s why I began a few years ago to hold Garfield in some disdain. First all, no lawyer can blog like does and represent clients and manage their cases. Second, he has formed an opinion about things and propounds it for the purpose of getting people to buy his services, seminars, securitization audits, “rescission packages” etc. So his blog entries tend to push people into his services, usually services they don’t need. And underneath it all, his firm has devoted itself to foreclosure defense, not to mortgage attack. That’s the biggest disappointment I have with him.
And I suspect that most of the people who troll these pages have followed his suggestions and lost their houses as a result.
ALL of them might still benefit from a mortgage examination. Neil will NEVER tell them that.
He does bring up interesting cases, but he nearly always makes something of them that isn’t there. Like in this article, he tries to make a big deal out of the fact that the court will let the RICO case go forward because it could survive a motion to dismiss.
Also, he tries to say courts assume borrowers defaulted by looking at the foreclosure complaint that alleges the default. How many did not default? virtually none. Millions have defaulted on their home loans, so NATURALLY judges assume they defaulted. The judges want the borrower to come up and say “Yeah, judge, I defaulted, but they breached the note first, the loan was unconscionable, they lied about the value of the house in the appraisal, they bait and switched me in the loan deal, they charged me excessive interest, they didn’t give me disclosures, etc.” Now the judge will enjoy a venture into proof of injury to the borrower rather than having to hate the nonsense Garfield would bring up if he litigated foreclosure cases, like “where’s the note, there isn’t any money, the note financed the loan, the note and mortgage got bifurcated, MERS is an evil empire, securitization is evil, they violated the PSA, they robosigned the assignment, the dog ate our homework, etc”
Look, folks. I don’t mince words, but I don’t go out of my to malign well-intentioned people. And it seems fair to me to jump on somebody’s case when I show them the law and the supporting court opinions, and that somebody goes on and on and on with pointless rebuttals and what-if scenarios, then calls the courts crooked.
Realize that judges are the mothers and fathers of society. If they issue an opinion and you flout it, you will go down. Get used to it. That’s our system. So the judges are generally honest, and even the crooked ones are honest most of the time. They are NOT picking on you. YOU are coming into their court with a non-meritorious case, a poor grasp of the rules of procedure and evidence, no knowledge of litigation practice, mouthful of patriot myths and nonsense they have already trounced numerous times, and they simply will not sit still while you spout it at them. LEARN FROM THEIR OPINIONS. Stop acting like they don’t mean anything.
And don’t put up with attorneys and other practitioners who try to sell you useless securitization audits (yes they are useless to borrowers), fake loan audits, mortgage rescue scams, and foreclosure defenses based on flim-flam, copy-machine pleadings.