From his start as an investment banker with expertise in securitization to his earliest days as a trial attorney Neil discusses the evolution of foreclosure actions by lenders. Of particular interest is how Neil speaks to how they have been able to veer away from the traditional rules of evidence and discovery to foreclose on unsuspecting homeowners not knowledgable on how these pactice are a violation of basic jurisprudence. The very basic issues of "Legal Standing" are discussed and Neil highlights how they are being ignored in courtrooms all accross the country because homewoners and their ..read more

Tonight I share my thoughts on strategies and tactics that will put your opposition on its heels and probably result in an outright win for homeowners and virtually all consumers who have a written contract for installment payments. We start with the premise that virtually all such transactions are securitized. I will talk about the many opportunities that exist under the rules of procedure to create an existential challenge to the claims. If there is no Claimant or Plaintiff and there is no claim at all, then why must we wait to the end and spend tens of thousands of dollars in legal fees to ..read more

So the Defense in your case is that there is no claim, that the named designated claimant is a nominee and has no claim, and that the designated company claiming to be a servicer is not servicing (i.e.,  it does not receive, account for or disburse payments from homeowners) and has no authority to declare a default much less prove that a default occurred --- i.e., that the designated claimant suffered some actual economic injury arising from nonpayment that can be corroborated by admissible evidence.  And just to put a finer point on it, I strongly recommend that it should ..read more

Lawyers have a job. Their job is to do the best they can at advancing their client's position-- within the bounds of the law. This usually involves a fair amount of bluff and any successful lawyer will tell you that it requires a great deal of knowledge, only part of which is imparted (and even less retained) in law school. Tonight we will talk about how lawyers bluff their way through any case. And the most effective way of doing that is by asserting facts or laws that have never been introduced into the case. In some cases, those facts and those laws will never be introduced. But if the lawy ..read more

WE ARE TRYING A NEW FORMAT TO BE MORE INFORMATIVE AND TO DO A BETTER JOB AT EDUCATING HOMEOWNERS AND FORECLOSURE DEFENSE ATTORNEYS. CASE BY CASE ANALYSIS EACH 45 MINUTE SHOW PICKED FROM REAL CASES THAT ARE TRIED, DISCUSSED, AND DECIDED BY OUR PANEL.  If you wish to submit your case for review please submit the case review form. If your case is selected, you will be notified ahead of time, so you can ask questions. CLICK ON THIS LINK TO SUBMIT YOUR CASE REVIEW (REGISTRATION) FORM. The information will not be used for any purpose other than evaluation for program purposes and all informatio ..read more

As a follow-up to our FREE presentation CLE webinar on Prelitigation Strategies and Practices, we offer an open mike Q&A on tonight’s show. Please think about your questions in advance and refrain from long monologues about your case. Here is the obvious premise of this work: If as a consumer you have executed a promissory note and mortgage (or deed of trust) and you think that there is a loan account receivable somewhere that is owned and maintained by some lender or creditor, you are most likely incorrect. Most homeowners make the mistake of thinking that the QWR and DVL are simply ..read more

The legal case of US Bank (trust) v. UBS (United Bank of Switzerland) Real Estate was decided in 2016 in SDNY. The order following decision extends for literally more than 100 pages. The gist of the case is that US Bank went after UBS because of the poor loan quality of the loans making up the pool of investement mortgages in the PSA put together with UBS to memorialize the trust. Bill will explain and Charles will frame legal implications for how homeowners can use a lot of the findings and information from the lawsuit in their own cases defending or suing institutional lenders and servicers ..read more

It was pure serendipity. There are three areas of expertise required to understand the current developments in the lending marketplace: Investment banking and the sale of securities Accounting and auditing Trial Law That has been my life since 1964 when I was just graduating high school. As I moved through careers, I was creating the perfect resume to understand the events that gave rise to the current infrastructure we call securitization. I have found that by recounting the short story of my life in that context, people better understand how and why we are in the third decade of the largest ..read more

Now that the various foreclosure and eviction moratoriums have either ended, or are on life support, it is more important than ever for homeowners in or near foreclosure, to exploit the papertrail created by servicers and purported  mortgage note holders to carve out the details of what is in, and not in, these debt representation letters.  As has been the case for years, formally challenging these letters, such as through qualified written requests and/or debt verification letters, is a sound way to get going documentation to show both the absence of the right to foreclose, or more ..read more

Nearly all consumers think they're litigating or dealing with banks when in fact they're not. Tonight we look at basic elements of winning based upon 16 years of experience, research, and data collection. Here are some of the highlights: Consumers who hurl accusations at the banks are sealing their own doom. The basics of every successful defense can be summed up into two words: DENY and TESTMost failures in court are the result of admissions of facts by the consumer about which they know absolutely nothing.Most successes in court are the result of the consumer denying everything and test ..read more