WANT TO WIN? YOU MUST ATTEND! Neil Garfield’s Mastering Discovery & Evidence in Foreclosure Defense- 3.0 Hour Webinar- February 16, 2018! HURRY! Only $149- Register Now!
Click Here to sign up:Mastering Discovery and Evidence in Foreclosure Defense
Preface from Neil Garfield:
In my nearly 41 years as a litigator, I have won many (but not all) cases. Over the past ten years those include foreclosure cases that were given up for lost by preceding lawyers. The reason I won is simple: the entire foreclosure scheme is basically a fraud. So I was able to direct my requests for discovery, my objections at trial and my cross examination of witnesses towards the missing links that never existed.
I don’t prove fraud. I reveal the absence of evidence that should be present if the foreclosure was real. I didn’t prove anything except the absence of critically important transactions and documents, thus undermining the prima facie case of the alleged foreclosing party.
It is impossible to impart our knowledge of what works and what doesn’t in a simple 30 minute or even a one hour consult. So I made the decision to offer a seminar that costs a third of what such a seminar would charge in order to get people to learn how to line up their defense strategies.
The single most common reason for homeowner losses in foreclosure cases is lack of knowledge on procedure and substantive law. And the single most prevalent piece that lawyers and pro se litigants are missing is understanding the rules of evidence. That lack of knowledge affects everything, but especially discovery requests.
So although the topic may appear too technical or boring for your taste, attendance is required for anyone who really wants to start winning cases. No guarantees of course — except that you will almost certainly lose if you don’t know the laws and rules affecting discovery and evidence.
THIS SEMINAR WILL NOT BE DISCOUNTED.
Defending your home from foreclosure? Suing a servicer? Approaching trial with a wish and hope instead of a prepared trial strategy? Register now for Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense webinar.
This online webinar will provide instruction on establishing your narrative, making objections, conducting cross examinations and how to blow up the robo-witness. It will also cover the foundation for objections through attempts at getting discovery and the use of Motions in Limine based upon the inability or unwillingness of the attorneys to provide any meaningful response to discovery.
Knowing the laws of Evidence is critical in preparing discovery requests. Cases often end during discovery when you get the order (on a Motion to Compel) you want requiring the foreclosing party to open up its books and records. At this point our experience is that the other side immediately makes a credible settlement offer. But even if you don’t get that order or are not interested in the settlement offer the failure to respond to discovery serves as the foundation for Motions in Limine, objections at trial and cross examination of the robo-witness.
Every successful trial strategy for winning a foreclosure defense case rests on the ability to blow up the robo-witness and to deny the foreclosing party the ability to get documents (hearsay) into evidence. You will learn why the most common question asked is the wrong question. It isn’t a matter of proving the fraud. Good defensive trial strategy does not prove anything; it reveals the gaps in the prima facie case of the foreclosing party.
Forensic experts will also demonstrate the value of investigation and how that helps the attorney or pro se litigant create a narrative and case strategy that works.
Date: February 16, 2018
Time: 1:00pm Eastern/12:00pm Central/11:00am Mountain/10:00am Pacific
Delivery: Webinar via Computer (WebEx platform) for visual presentation, or by Skype or Phone.
Who Should Attend: Real estate attorneys, homeowners, and title agents who insure title following a foreclosure (and their support staff).
- Attorney and Foreclosure Expert Neil F Garfield for GTC Honors, Inc.
- Securitization Expert Dan Edstrom, DTC Systems, Inc.
- Investigator Bill Paatalo, BP Investigative Agency
- Attorney Charles Marshall of the Marshall Law Firm/California.
REGISTRATION: $149-Hurry and Register
Seminar Length: Estimated 3-Hours including post-seminar Q&A session (30+ minutes)
Materials for Participants:
- PowerPoint Printouts (delivered with log-in and by email)
- Transcript of Seminar (delivered post-seminar)
- Recording of the Seminar
- Transcript of Cross Examination (delivered by email)
- CLE Credits Requested: 2 Civil Litigation
- Law vs. Politics
- The Politics of Home Foreclosures
- Realities for Investors
- Reality vs. Legal Doctrine: No action arises from deceit
- Strategies for Homeowners When the Salesman is Dead
- Information v Evidence
- Reality v Paper
- Void v. Voidable
- The Fictional Boarding Process
- Standing and Jurisdiction
- Motions in Limine
- Cross examinations
- Robo-witnesses and signatures
- Negotiable Instruments
- Nonexistent Transactions
- Fabrication of Documents
- Who’s on first?
- Unfunded Trusts
- Inside & Outside of Discovery: Requests for Production, Interrogatories, Request for physical access (computers) and Request for Admissions
- Motion for Summary Judgement
- Admitting information into evidence
- Reveal Absence of Evidence
- Fraud on the Court
- Compliance with Pre-Trial Orders
The seminar is conducted by computer or by phone. However, to access all webinar visuals you must log in by computer into the webinar. Registrants will receive directions within 24 hours prior to the seminar with instructions to access the WebEx seminar.
Discovery is where the rubber meets the road. This seminar will help you navigate the discovery and evidence minefield with skill.
What is Discovery?
Discovery describes the process of requesting information from the other party in a lawsuit.
It is an invaluable weapon in the fight to defend your home against the banks. If you are being sued by the bank and they are alleging that they are entitled to foreclose on your home, you must find out exactly what evidence, if any, they are basing these allegations on.
You’ll want to see a copy of the original promissory note to determine if your original lender endorsed this evidence of the debt through an assignment of mortgage. Filing for discovery can help you formulate your defenses and build the strength of your case prior to any trial or final summary judgment.
In order for parties to obtain discovery, the Florida Rules of Civil Procedure have set forth a means by which to accomplish this end, and those legal avenues are specifically outlined in Rules 1.340, 1.350 and 1.370. Most states have comparable civil procedures.
Three Kinds of Discovery:
Discovery can be grouped into three categories: oral discovery (depositions), written discovery (interrogatories and requests for admission), and visual inspection (requests for production). These are collectively referred to as “discovery requests.” As a handy rule of thumb, you can think of discovery requests as requests to either discuss something (depositions), answer something (interrogatories), admit or deny something (requests for admission), or produce something (requests for production).
A Foreclosure Cannot Proceed when Discovery is Pending:
Discovery is critical because it enables the parties to properly develop their arguments, it can also be a strategic tool in preclude the bank from getting a Final Judgment (loss of the home) entered against the borrower. Florida case law states that Courts should NOT enter Final Judgments while the discovery process is still on-going.
Specifically, “Summary judgment should not be granted until the facts have been sufficiently developed for the court to be reasonably certain that no genuine issue of material fact exists.”Singer v. Star, 510 So.2d 637, 639 (Fla. 4th DCA 1987)
“As a general rule, a court should not enter summary judgment when the opposing party has not completed discovery.” Singer; Colby v. Ellis, 562 So.2d 356 (Fla. 2d DCA 1990)
Thus, if you’ve filed discovery and that discovery has not been properly responded to by the banks, then the Courts should NOT enter Final Judgment against the homeowner!
Only 30 Requests for Discovery Per Case:
There is a limit to the number of times you can make a request for discovery and that number is in the Rules of Civil Procedure. It could be 25, 30, more or less as amended by court order.
With a limited number of Admissions and Interrogatories you can seek, you need to know what requests will maximize traction. If the Bank refuses to respond to your discovery requests or if their responses are less than satisfactory you must file a Motion to Compel and move the Court to require the bank to provide the information you seek.
The Banks and Servicers are going to object to most of your demands. Now What?
While both the attorneys and the judges might contest your right to receive information about the origination or sale of the loan, you are absolutely entitled to inquire about whether anything they said is true or if it is all a lie. And the only party who has that information, and the only party resisting with all their considerable might is the originator and the participants in the chain of the alleged securitization or even in the chain of the securitization which is denied by them.
The scope of discovery is intended to be broad but to prevent mere fishing expeditions that are intrusive on the other party toward no end. They will argue that holding the note closes the issue and the judge will agree with them until you pull out the statute and point out that the proof of the actual loan is necessary in all cases except where they allege to be the holder in due course, which they never do. Register now for the seminar to advance your understanding of handling discovery and evidence in foreclosure defense. Click here to register.
About the Presenters:
Neil F. Garfield, M.B.A., J.D., is the winner of many of academic awards, a popular speaker, and author of articles and technical treatises on law, finance and economics. He has concentrated his law practice for the last 10 years on issues related to structured finance (securitization in particular). As a former investment banker and real estate investor, he knows mortgage securitization issues from the inside out, who the deciders are, and how they arrived at a catastrophic scheme to defraud, people, agencies, institutions, and governments all over the world. As an expert witness and trial lawyer for 41 years, his efforts to spot evolving trends have helped thousands of homeowners keep their home and receive damages as compensation. Having formerly filed hundreds of foreclosure actions as the attorney for small banks, homeowner associations and mechanics liens, he is well suited to provide assistance to investigators, lawyers and pro se litigants.
Investigator Bill Paatalo has been a licensed private investigator since September of 2009. He has 17 years combined experience in both law enforcement and the mortgage industry which he has utilized to become a leading expert in the areas of chain of title analyses and securitization. He was a police officer with the St. Paul, Minnesota Police Department from 1990-1996 where he was assigned “Field Training Officer” duties in only his second year on the job, and received multiple commendations. Mr. Paatalo has worked exclusively since 2010 investigating foreclosure fraud, chain of title, the securitization of residential and commercial mortgage loans, and accounting issues relevant to alleged “defaults.” Mr. Paatalo is also a Certified Forensic Mortgage Loan Auditor through (“CFLA”), and has spent more than 10,000 hours conducting investigatory research specifically related to mortgage securitization and chain of title analysis. He has performed such analyses for residential real estate located in many states, including but not limited to, Washington, Oregon, California, Nevada, Florida, Montana, Texas, Arizona, Ohio, New Jersey, and several other states. To date, Mr. Paatalo has conducted nearly 1,000 investigations across the U.S., and has provided written expert testimony in the form of affidavits and declarations in approximately 120 -130 cases nationwide. Mr. Paatalo has been qualified in both state and federal courts as an expert.
Dan Edstrom, of DTC Systems, performs securitization audits, and spent a year putting together a diagram that traced the path of his own house’s mortgage securization that went viral in 2012-2013. DTC Systems provides research services to lawyers, paralegals, loan auditors, and government agencies for securitization of residential mortgages. DTC Systems is adept at locating the trusts that loans were pooled into as well as monthly certificate-holder statements and monthly loan level files.
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