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.
Homeowners now finding out, this individual’s nonsensical ramblings cost them their homes! http://www.quatloos.com/Q-Forum/viewtopic.php?t=10530
Over the years we have received numerous calls regarding Neil Garfield, not one of those positive. He’s been scamming homeowners for several years now. He claims he’s won hundreds of cases. The truth is nobody has ever found any evidence of him EVER winning a case, but there is plenty of evidence where the courts have made fun of his ridiculous arguments. He holds himself out as a TILA rescission expert, facts are he has no clue how it works. His arguments are so specious he either has dementia, or is totally incompetent.
In order to protect homeowners from this charlatan, we urge anyone that has had a losing experience with him, to file a bar complaint, and/or sue him for disgorgement of fess or malpractice.
It has been my personal experience and the experience of many that have gone to these groups, that they are nothing but cesspools of “securitization/chain of title audit scammers, stall attorneys and their “useful idiots,” that parrot and promote discredited legal theories and stall arguments like “produce the note,” “split the note,” “MERS,” “assignment,” “only the owner can foreclose,” “standing,” and nonsense arguments from known scammers like Neil Garfield, other legal incompetents.
As one consumer advocate so fed up with the lies and other misinformation she read proclaimed: “they’re nothing but a bunch of losers committing mass suicide.”
Moreover, these homeowners, who have become the “useful idiots” of these scammers, instead of thanking those of us for exposing these charlatans, chastise us for calling them what they are. This type of leftist political correctness makes these feckless homeowners part of the problem, not part of the solution.
For those that want to learn what really works, and what doesn’t, the only foreclosure help group that actually has helpful information is “Stop Foreclosure With Strategies That Actually Work.”
Garfield claims there have been “tens of thousands” of wins by homeowners. Would be interested to see evidence of Garfield winning any of these “tens of thousands” of cases. The facts are, the only cases where Garfield was involved were terrible losses.
Just recently, we’ve been alerted by several homeowners about Fraud Stoppers videos and literature that contain lies and disinformation. For example they claim that the Supreme Court of the State of Kansas stated in LANDMARK NATIONAL BANK v. KESLER that “the splitting of the note and mortgage creates an immediate and fatal flaw in title”. The alleged quote posted by Fraud Stoppers doesn’t exist, most scammers make up quotes in an attempt to back up their ridiculous arguments. Moreover, courts around the country have held that a deed of trust ” ‘split’ from the note through securitization, DOES NOT render the note unenforceable. JOHNSON V. HOMECOMINGS FINANCIAL, 2011 WL 4373975, at *7 (S.D.Cal. Sep.20, 2011); CERVANTES V. COUNTRYWIDE HOME LOANS, 656 F.3d 1034 (9th Cir. 2011) (The “split the note” theory has no sound basis in law or logic.).
To make matters worse for unsuspecting homeowners, a federal court found a homeowners arguments supplied by Fraud Stoppers to be “meritless:”
“Plaintiffs apparently learned their securitization theory from http://www.FraudStoppers.org, as nearly half of the Complaint is verbatim from this website.” https://scholar.google.com/scholar_case?case=5570767654066104797&q=%22fraud+Stoppers%22&hl=en&as_sdt=20006
They’re also disseminating other nonsense: https://www.youtube.com/watch?v=gyppH6r2YYo Real facts regarding the Daly case can be found here: http://mandelman.ml-implode.com/2013/01/are-mortgages-fraudulent-the-case-from-credit-river/
Sadly, homeowners have already succumbed, or will succumb to Fraud Stoppers slick marketing campaigns, but Mortgage Fraud Examiners will continue to expose these scammers, and others like them, to warn the public, and unsuspecting homeowners that may be facing foreclosure.