Mortgage Fraud Examiners has been warning homeowners for years that contractually they must send a “grievance” letter to their bank/servicer of any wrongdoing within their contract before filing a lawsuit, or they’ll get booted out of court. The bank’s are beginning to catch on: https://scholar.google.com/scholar_case?case=18360324978391780375&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Storm Bradford & Laurie Z’s new radio program exposing frauds and scammers will launch in April. The maiden show will deal with foreclosure, and expose known scammers like Neil Garfield, “stall” attorneys, forensic/securitization auditor companies, and others who are lying and misleading homeowners to their detriment. This maiden show will air April 5th 2018.
Almost on a daily basis Neil Garfield posts something on his blog that is factually and legally incorrect. He continues to tell homeowners or anyone else who’s dumb enough to listen, that a mortgage transaction borrower can send a Notice of Right to Cancel, to their bank, outside of the unconditional period (3 days), regardless if there actually was a TILA violation; regardless of the type of loan; regardless of the statute of limitations; regardless of the unwinding process; regardless of “status quo ante;” that a homeowners mortgage transaction is void.
Moreover, he claims that a homeowner does not have to tender; the courts can’t interfere; the bank must acknowledge there is a rescission with 20 days; and if not the homeowner will get his home free and clear; the bank must file a lawsuit; the borrower NEVER has to file a lawsuit; rescission is not a claim; the mortgage transaction was not actually “consummated;” ad nauseum.
The facts are everyone of those claims of his is a known lie, backed by hundreds of cases.
It is clear that Garfield is either insane, or he is knowingly defrauding homeowners.
If anyone thinks they have been defrauded by Garfield, you’re probably right, and the only way to get this cancer off of homeowners is to report him to the authorities, and sue him for either disgorgement of fees, or malpractice.
We were sent two recordings of this hack’s radio show. In one of them he states he’s won over 200 TILA lawsuits, that’s a lie. In the other recording he claims that the creditor has to “OWN” the note in order to foreclose. “[U]nder the Uniform Commercial Code, a plaintiff is not required to be both the owner and holder of the note in order to have standing to foreclose.” Tilus v. AS Michai, LLC, 161 So. 3d 1284, 1285-86 (Fla. 4th DCA 2015) (citing Wells Fargo Bank, N.A. v. Morcom, 125 So. 3d 320, 322 (Fla. 5th DCA 2013)).
These two recording are so full of factually and legally incorrect misinformation that any homeowner who followed his advice would be in jeopardy of losing their home.