LivingLiesTheTruth – this web site presents the truth about issues Neil Garfield and his acolytes raised on Garfield’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 set-offs 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 of those lawyers who “get it” should get sued by their clients for legal malpractice for leading them inexorably to foreclosure while failing competently to examine the loan for evidence of torts, breaches, legal errors, and regulatory violations.
So, we encourage the web guest to offer comments on the articles here. We believe the comments will do more good here than on the LivingLies blog because here you will see support for our positions against what we consider as the false doctrines of LivingLies, and we won’t tell you lies.
You can find other informative articles and commentaries on the Mortgage Attack web site.
We are not attorneys. We give no legal advice.
I am Bob Hurt, philosopher, raconteur, writer, blogger, and swami-of-sorts. I consider myself a perpetual student of law. As a computer technologist I engaged in troubleshooting, writing, teaching, programming, engineering, marketing, selling, and managing. I started my career with a stint in the US Navy where I learned about computers and Navy life, spent time aboard submarines, and taught school. Later, I worked for numerous high-tech corporations and participated in entrepreneur activities. I formed a corporation toward the end of my career, and spent a nearly a decade creating and marketing computer test products.
I hail from a long line of lawyers, judges, and Baptist preachers (Google James Mann Hurt, Jr., my grandfather’s grandfather). I once conducted foreclosure defense seminars. Now I study law as I please, write commentaries, develop web sites, and discuss issues with whomever calls me at 727-669-5511.
I operate a law mailing list to which people may subscribe by sending email to email@example.com.
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I consider my friend “Storm” Bradford (“Legisman”) as a mentor. He serves at his discretion as fellow editor and contributor of articles to this blog. He has spent more than 35 years as a litigation consultant and 8 years as a mortgage examiner. He teaches attorneys how to beat their opponents through knowledge and application of law, court opinions, rules of procedure and evidence, and crafty litigation methods. He strategizes and manages cases from beginning to end for his attorney clients. He has never steered me wrong in discussions about law. His mantra: “There is no substitute for knowing the law. NONE!” Storm’s client lawyers win over 90% of their criminal defense cases because of his help (normal attorneys are lucky to win 10% of their criminal cases). His clients have won numerous multi-million-dollar civil cases. See the web sites for Storm’s operations at http://LawPartnerOnCall.com and http://MortgageFraudExaminers.com.