Heroes and Heels Page Added to LivingLiesTheTruth

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Neil Garfield of LivingLies – Hero, or Heel?

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.

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LIVING LIES–THE TRUTH, THE BLOG THAT OFFERS PROVEN SOLUTIONS FOR HOMEOWNERS

Congrats Bob, you finally got it done after me badgering you for the last year.

Unlike Garfield’s blog, there will be comments and posts from individuals and attorneys that are, and have been successful in defeating foreclosure. Now, homeowners will have access to verifiable methods and causes of action to help them stay in their homes on their terms, not the banks’.

We’ve created a “safe harbor” for homeowners to come and see what arguments actually work, and to forget the witless arguments desperate homeowners find on blogs like Garfield’s, and the other blogs that follow his misinformation.

Thanks again, for creating light within the darkness.

ROD CIFERRI A GARFIELD PARROT IS A KNOWN SCAMMER

At first we just laughed at his ignorance and incompetence, but then it became evident he’s totally delusional, which is quite sad. Not only for his mental status, but because he’s convinced other delusionals what he’s posted has any factual or legal basis.

BTW, I was thinking about his alleged status as an attorney, and it hit me. The rciferri moniker through me off. He is Rod Ciferri, a known scammer that works at Loss Mitigation, LLC a known scam group, both are being investigated as we speak.

From there website:

“About Roderick Ciferri esq

The practice emphasizes residential and commercial litigation and trial advocacy, with a concentration on Contract Law, Mortgage Litigation, and Real Property matters. Roderick Ciferri esq HAS TRIED IN SEVERAL HUNDREDS OF CASES and has appeared on televised programs regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from real estate law to trial practice a national organization dedicated to bringing back professionalism and civility into the legal profession.

Areas of Practice

Real Estate-  Roderick Ciferri esq has extensive practical experience in real estate and mortgage matters. We have handled complex and routine unlawful detainer matters, easement disputes, construction defect, environmental, and land use and zoning matters. We are involved in loss mitigation and loan workout solutions, and our firm regularly negotiates with lenders to achieve workable solutions for our clients.”

Which begs the question, here is a guy that has been in Ca. for years, why is he not an attorney there. Couple of reasons, could be, can’t pass the bar, or there is something in his background, like mental illness.

Now first of all, I have no idea what “HAS TRIED IN SEVERAL HUNDREDS OF CASES” means. But if their trying to convey he’s “tried” cases, we know that can’t be true. Because he’s not a member of the Ca. bar. That’s why that Loss Mitigation, LLC is a known scam.

These individuals spreading misinformation and giving false legal advice to homeowners, belong in jail!

Welcome to LivingLiesTheTruth

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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.

Hitler Lies quoteGarfield 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.

Lie travels Mark TwainSo, 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.

Bob Hurt
727 669 5511

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Bob Hurt, Writer