Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Bill
Dianne wrote:

That's good advice Mr. Roper.   I'll pop an e mail to his office so they can decide if he should be removed from their list.

If you read this article it does state that he does check out attorneys to make sure they don't work for the banks.  I might read the article and send him an email in regards to the foreclosing counsel and maybe he will consider taking your case.  At least it's a shot.


http://www.bloomberg.com/news/2010-10-27/foreclosure-woodstock-lures-lawyers-to-max-s-farm-seeking-edge-on-lenders.html

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I would jump from the rooftop if he would take my case !!!!    I can't even get through to him to beg and plead, lol.    He must be very, very busy ( .

On the foreclosure mill attorney, maybe the law firm was legitimate at the time of the boot camp; and subsequently joined the dark side.   I agree with you that they check everyone out, so not sure what happened here..   Here's their website btw:

http://www.hutchensandsenter.com/foreclosure.php

But they foreclose as Substitute Trustee Services.   Of course on their website they say they have been representing creditors for a quarter of a century.

I sent a mail to his office a little while ago; so maybe we'll see the name disappear.    A lady in his office named LeeAnn Johnsonbaugh is quick to reply.
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George Burns
I find it hard to believe that Max Gardner's law office is only accepting new clients from Shelby. I could understand restricting to Cleveland County or some great portion of it but not to just the city of Shelby. It only has about 20,000 people. Hardly enough to support a 1 man law office much less a multiple lawyer specialty practice.

Maybe the person misheard or misunderstood you> I would call again and speak to 1 of the lawyers. Maybe she meant Max himself was not taking.
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Dianne,


I’m sorry, but Mr. Gardner is unable to take on any cases outside of the Shelby Division as this time. We are overwhelmed by requests for representation and can not possibly help everyone that calls – although we certainly wish that we could.

 Most of the attorney referrals that I sent you will be bankruptcy attorneys. Mr. Gardner handles any type of mortgage fraud or wrongful foreclosure issues through a Chapter 13 bankruptcy. He finds that he has greater success and the client has more rights under the federal bankruptcy laws.

 

 

 

Sent: Saturday, July 09, 2011 6:21 AM
To: LeeAnn Johnsonbaugh
Subject: Re: Wrongful Foreclosure

 

After reading so much about Mr. Gardner in all the forums; I am now wondering if filing a Chapter 13 might be the proper direction for us.

 

Should I schedule a consultation with Mr. Gardner for his direction?

 

Thanks,

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I did get the name of Mike Proctor from one of the links posted here of boot camp graduates, wrote to him yesterday and he said he would forward to Max.   

I might have to go Chapter 13, just to get attorney representation on the fraud.
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William A. Roper, Jr.
Dianne:

There are obviously a LOT of factors that a borrower needs to consider in contemplating whether to file for Bankruptcy.  And for homeowners with otherwise good credit facing mortgage servicing fraud and/or foreclosure fraud whose finances are otherwise good, Bankruptcy may involve too many negative consequences, despite some advantages in litigating the fraud.

Neither do I claim to have any special knowledge or expertise about Bankruptcy.  I have never filed for Bankruptcy nor participated in ANY Bankruptcy myself, other than some work as a consulting expert on some railroad Bankruptcy matters almost three decades ago.

(Bear in mind as I have repeatedly note in other posts, I am NOT an attorney and cannot give you legal advice.)

But I HAVE read a lot of foreclosure cases over the past five years and one thing that I have starkly found is that the deck is so horridly stacked against the borrower in non-judicial foreclosure states that a Bankruptcy filing is very often the most viable means of protecting a borrowers home in a non-judicial foreclosure setting.  Even in judicial foreclosure states, Bankruptcy has some advantages, but the availability of other robust defenses in the judicial foreclosure states makes Bankruptcy a somewhat less compelling and monolithically correct approach where a borrower has some viable means of slowing or stopping a foreclosure in a defensive setting in state court.

*

There are two fundamental reasons why Bankruptcy can be a better venue for borrowers.

First, as I have noted in other posts, there is some advantages in resisting foreclosure in a defensive posture rather than taking the offense.  The Plaintiff usually has the burden of proof as to its allegations and claims.  And a defendant can win simply by showing that the plaintiff -- the party with the burden of proof -- has failed to meet that burden.

That is, on defense, a borrower can sometimes win without proving anything at all.

By contrast, when a borrower goes into court as a plaintiff, then the borrower is assuming the burden of proof.

In judicial foreclosure states, the plaintiff must go into court and seek a court order of foreclosure and sale, assuming this burden of proof.  The borrower can simply defend.  By contrast, in non-judicial foreclosure states, the foreclosure of the property is typically accomplished outside of the courtroom.  And in a non-judicial foreclosure setting, very often it is the borrower running to state or Federal court seeking a Temporary Restraining Order (TRO) and/or injunction to stop a private sale.  Thus, it is the borrower assuming the offense and the burden of proof.

Bankruptcy shifts these burdens.  The Bankruptcy filing puts the borrower in the position of having some protection under the Bankruptcy laws and the purported mortgage investor is then put in the position of coming into the Bankruptcy court to prove its claim and to seek a relief of stay.  This puts the purported creditor back on the defensive.

The second fundamental advantage is that the U.S. Bankrutpcy Courts are generally much more professional and exacting than state courts.  And the Bankruptcy Courts have cought onto the bank's misconduct.  In many places, the U.S. Bankruptcy Judges are going to be far more balanced and even handed in how they approach the case and the law.  U.S. Bankruptcy Judges are also somewhat more immune from political pressures than state court judges.

There are some really terrific state court judges who have done a great deal to fairly enforce the law.  But at the trial court level, I have seen far more indication that the U.S. Bankruptcy Judges will give a borrower a fair shake.

*

For this reason, I find it unsurprising that many attorneys, particularly in non-judicial foreclosure states, or states with quirky or unusual foreclosure laws like North Carolina, would prefer to litigate in U.S. Bankruptcy Court.  This does NOT make Bankruptcy the right answer for ever borrower facing foreclosure.

But, on balance, I think that we should respect the fact that the experienced attorneys have weighed the borrowers prospects in both a state court and U.S. Bankruptcy Court setting and have determined that in some places Bankruptcy Court is the more viable venue.

It would be easy for these attorneys to simply take your money and then to proceed to defend you in a setting where you are unlikely to prevail.  They would probably be in a position to litigate in a county courthouse much nearer and more convenient than the U.S. Bankruptcy Courtroom which might be in a distant city.  But if this venue was unlikely to give a satisfactory outcome, they would have nothing but a string of dissatisfied customers to show for it.

*

One other thing is also noteworthy about the discussion in this thread regarding Mr. Max Gardner's availability.  A good attorney will balance his caseload and make sure that he doesn't take on more cases than he can readily handle.

In another recent thread, we saw some caustic comments and even attorney discipline in respect of an attorney who took some borrower's money, but failed to appear and/or timely file effective pleadings.  A dishoest attorney or an attorney of questionable judgment might take your retainer and then just give you bad legal service.  Like a fine restaurant turning away a customer who arrives without a reservation when the restaurant is filled, turning away a prospective customer when it is believed that the business is already facing challenges in provision of service at levels in keeping with its exacting standards is a responsible quality control measure which should be respected.

Best of luck and success in finding an attorney who can assist you with your adversity!
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I was requested to respond to comments on this blog about my qualifications. I am a licensed attorney in Florida, a member of the bankruptcy bar, federal bar etc. My seminars are approved for CLE credit across the country. My background consists of extensive work on Wall Street in securities analysis, mergers and acquisitions, and creative financing that was the forerunner of the "derivatives" that emerged in 1983. My law practice included hundreds of foreclosure cases representing both sides of the litigation --- either the bank or HOA or the homeowner. I have been lead counsel in approximately 2,000 judicial and administrative trial cases. I also served on the bench by special appointment in complex litigation cases. I also was general counsel and strategist for several investment groups that traded in commercial and residential real estate. I have served on the boards of banks, HOAs and consumer advocate groups. My articles and books are used as persuasive authority in hundreds of courts across the country and I am approved as an expert witness in many state and federal venues. I discovered robo-signing before it was ever named, and I assist experienced class action , law enforcement and private practitioners in stopping wrongful foreclosures or overturning them. I serve as expert witness, lead counsel or legal consultant to many attorneys across the country. Thus far it is estimated that I have assisted tens of thousands of homeowners who are still in their homes after foreclosure was initiated. My blog, http://www.livinglies.wordpress.com has nearly 8 million visits. As for Max Gardner, he has beeen a driving force behind the deficiencies in the documentation of the transfer of loans. His work has been excellent in that respect. Where Max and I diverge is that I believe based upon actual data, that courts are responding more to following the money trail rather than the documentary trail which I believe constitutes a tacit admission of the debt, note, mortgage and default --- all of which in my opinion should all be denied forcing the pretender lender to prove payment and prove their loss in dollars without the benefit of a presumption arising from documents that merely refer to a transaction without corroborating that the transaction ever took place. I also disagree with most of the loan modification programs that followers are pushing although I concede that if it keeps the homeowner in their home indefinitely, some success can be claimed. For further information please call our customer service number at 520-405-1688.
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Lucky
Neil F Garfield, esq. wrote:
I was requested to respond to comments on this blog about my qualifications.


Perhaps next time you can respond to the comments about your plagiarism.
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$&?!
Quote:
I was requested to respond to comments on this blog about my qualifications. I am a licensed attorney in Florida, a member of the bankruptcy bar, federal bar etc. My seminars are approved for CLE credit across the country. My background consists of extensive work on Wall Street in securities analysis, mergers and acquisitions, and creative financing that was the forerunner of the "derivatives" that emerged in 1983. My law practice included hundreds of foreclosure cases representing both sides of the litigation --- either the bank or HOA or the homeowner. I have been lead counsel in approximately 2,000 judicial and administrative trial cases. I also served on the bench by special appointment in complex litigation cases. I also was general counsel and strategist for several investment groups that traded in commercial and residential real estate. I have served on the boards of banks, HOAs and consumer advocate groups. My articles and books are used as persuasive authority in hundreds of courts across the country and I am approved as an expert witness in many state and federal venues. I discovered robo-signing before it was ever named, and I assist experienced class action , law enforcement and private practitioners in stopping wrongful foreclosures or overturning them. I serve as expert witness, lead counsel or legal consultant to many attorneys across the country. Thus far it is estimated that I have assisted tens of thousands of homeowners who are still in their homes after foreclosure was initiated. My blog, http://www.livinglies.wordpress.com has nearly 8 million visits. As for Max Gardner, he has beeen a driving force behind the deficiencies in the documentation of the transfer of loans. His work has been excellent in that respect. Where Max and I diverge is that I believe based upon actual data, that courts are responding more to following the money trail rather than the documentary trail which I believe constitutes a tacit admission of the debt, note, mortgage and default --- all of which in my opinion should all be denied forcing the pretender lender to prove payment and prove their loss in dollars without the benefit of a presumption arising from documents that merely refer to a transaction without corroborating that the transaction ever took place. I also disagree with most of the loan modification programs that followers are pushing although I concede that if it keeps the homeowner in their home indefinitely, some success can be claimed. For further information please call our customer service number at 520-405-1688.


Uber-buffoon Neil Garfield's post is most noteworthy for its lack of discernible and verifiable facts.

Any honest attorney would post an actual resume or CV online at LinkedIn or elsewhere showing specific verifiable entities, dates, titles, etc.  What we get from this snake is a lot of platitudes.

If he has EVER assisted any person in a successful foreclosure defense anywhere in the United States using his questionable and seemingly dishonest products, then lets hear about these cases by case style, case number and jurisdiction.  Let Garfield post the orders or decisions for review.  Since he cannot do so, he instead posts a lot of unverifiable rhetoric!

Since he claims that his "background consists of extensive work on Wall Street in securities analysis, mergers and acquisitions, and creative financing that was the forerunner of the "derivatives" that emerged in 1983", perhaps he can identify just one specific merger or acquisition in which he played a role, identifying the client for whom he worked, as well as the identity of his employer.  I seriously doubt he can do this, because he is simply a blowhard who preys upon those too feeble minded to see through his nonsense.

He says "My law practice included hundreds of foreclosure cases representing both sides of the litigation --- either the bank or HOA or the homeowner", but fails to identify a single case where he ever actually prevailed.  If he ever prevailed, it was probably while representing a bank.

He states "I also was general counsel and strategist for several investment groups that traded in commercial and residential real estate."  So lets hear the names of these entities and the dates this work was done.  This affords people a means to contact those Mr. Garfield purportedly worked with to obtain their first hand assessments as to his ability and competence.  When this information is omitted or withheld, it is very often a signal that contacting those who know him best would yield very negative references.

He states, "I have served on the boards of banks, HOAs and consumer advocate groups."  Let us see the names of the banks and the dates of his service on the boards.  My guess is that the reason that this information has been withheld is because the banks probably failed.  Mr. Garfield could prove me wrong by posting the names and the dates, whcih could then be verified through banking supervisory authorities including the FDIC.

Like scam artist Maher Soliman, who frequently posts at Mr. Garfield's site, Garfield claims, "My articles and books are used as persuasive authority in hundreds of courts across the country and I am approved as an expert witness in many state and federal venues."

If Mr. Garfield has actually been accepted as an expert witness in state and Federal court cases, he would have submitted a resume in discovery and probably put his resume or CV into evidence.  Lets see the resumes he gave the court.  These would be matters of public record, if Mr. Garfield had the courage to actually identify the cases.  But I seriously doubt that he has the courage.  He hides behind vague and nebulous statements and a variety of broad disclaimers.

Let us see the resume and the record of Mr. Garfield's depositions in such cases.  Again, my expectation is that he has probably been repeatedly torn to shreads in depositions where he is required to answer under oath and would be subjected to withering questions about his suspect credentials.

Mr. Garfield claims "I discovered robo-signing before it was ever named, and I assist experienced class action , law enforcement and private practitioners in stopping wrongful foreclosures or overturning them."  As to the first claim, there seems to be just a thimble of truth.  Mr. Garfield seems to have discovered the thoughtful posts here at the Forum of people who were involved in foreclosure long before he set up his Living Lies web site.  Jack Wright, Nye Lavalle and others were posting factual material at this site long before Mr. Garfield was ever heard of within the foreclosure defense community.  After Mr. Roper came to the Forum, he added a wealth of additional information to that initially exposed by the pioneers.  (Mr. Roper never claimed to be a pioneer.)  It has been demonstrated that Mr. Garfield extensively plagiarized Mr. Roper's posts and then sold this material as his own work.

Mr. Garfield's claim that he has assisted class action lawyers also rings hollow.  I have little doubt that some fools were drawn in by Mr. Garfield's various specious claims.  But there hasn't been a single meaningful class action on behalf of either borrowers or investors that has ended well for anyone other than the attorneys.  Mr. Garfield, TELL US THE CASES in which you claim to have assisted so that we may better assess the validity of your b.s.!

Again, Mr. Garfield, you claim to have helped borrowers stop "wrongful foreclosures".  Since you claim to have helped so many, why not share a few of your successes?  Isn't it true that you have been mostly successful at lining your own pockets while coaching borrowers to engage in legally questionable strategies, while hiding behind various disclaimers to avoid liability and professional responsibility?

Isn't it also true that the Federal Trade Commission has issued warnings to consumers to AVOID the very products that you peddle, since these are widely known to be completely useless scams?

You say "Thus far it is estimated that I have assisted tens of thousands of homeowners who are still in their homes after foreclosure was initiated. My blog, http://www.livinglies.wordpress.com has nearly 8 million visits."

Who was it that made these specious estimates?

Given tens of thousands you claim to have helped, surely you can identify a dozen or so successes for us, right?  I doubt it.

So your web site Living Lies has had nearly 8 million visits.  I admit that I do find this plausible, since there are millions of desparate people facing foreclosure.  But perhaps you can explain how you came to name your web site Living LiesIn fact, I challenge you to publicly warrant that you believe ANY, mush less most of your various posts to be TRUE.

I seriously doubt that you will do this, because you KNOW that you have been posting false and misleading information on your site for years and use the name of the site and the many disclaimers to avoid both responsibility and liability.  If you really believe what you say, would you agree to answer under oath some written interrogatories posted by your critics?


Again, I seriously doubt it, because you are actually a coward and a Charlatan who hides behind a veil of interconnected corporate personas, disclaimers, vague and nebulous claims to profit from the misfortune of others while adding nothing of value and holding out false hope.  In short, until you can actually demonstrate otherwise by proof that you have ever helped anybody, I will continue to assume that you are simply a vile and insincere predator who peddles false hope and picks the pockets of the distressed as the FTC seems to indicate. 

You also say "Where Max and I diverge is that I believe based upon actual data, that courts are responding more to following the money trail rather than the documentary trail which I believe constitutes a tacit admission of the debt, note, mortgage and default --- all of which in my opinion should all be denied forcing the pretender lender to prove payment and prove their loss in dollars without the benefit of a presumption arising from documents that merely refer to a transaction without corroborating that the transaction ever took place." 

No, where Max and you diverge is as to both competency and honesty.  Max comes close to walking on water.  God certainly would't part the Red Sea for you.  To the contrary, presented with the opportunity, you would be drowned as quickly as the pursuing Egyptians.

Since you have so many hits at your site and so many potential victims, why are you bothering us with your drivel?  Have the expository posts appearing at this site begun to sting?

Go ahead.  Post your resume.  Post some cases.  Post some verifiable information.  Give us some specifics.  Will you agree to voluntarily answer written interrogatories under oath posted by a few of the honest seniors at this site after your resume and cases are posted online?  Again, I doubt it.  If not, please just GO AWAY!
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Martin
Do the warnings from the FTC about the securitization audits prove that Neil Garfield is a swindler?:

Federal Trade Commission: Loan Securitization Audits Are Scams
http://ssgoldstar.websitetoolbox.com/post/Federal-Trade-Commission-Loan-Securitization-Audits-Are-Scams-5692718
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Jean
This post last year from Matt Weidner seems to show that Neil Garfield is a criminal:

Mortgage Securitization Audits….THEY ARE A CRIME!
http://mattweidnerlaw.com/blog/2012/04/mortgage-securitization-audits-they-are-a-crime/

I am pretty sure these are what Mr. Garfield sells from his web site Living Lies, but he apparently claims that he isn't responsible because he advertises that everything on his site is Lies. It was nice of Mr. Weidner to warn everyone of this scam.

Take a look at the first posted comment attacking Mr. Weidner for his public service. It is our very own resident shill and troll, scam artist Mike H. going on attack. Mike H. will always defend Mr. Garfield to protect his criminal franchise.
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   Jean is a liar. I have never said a bad word about Mr. Weidner. To the contrary, I have complimented
his work and referred quite a few of my students to him.
   I believe Weidner, Stopa, Garfield and Gardner should all be complimented on the work they have
done in exposing mortgage servicing fraud.
   Each of these men takes a slightly different approach in opposing fraudulent foreclosures. It is like
the old proverb, that there are many ways to get to the top of the mountain, but once you get there
the view is the same.
   Mr. Garfield's idea of tracing the money instead of focusing on the "phony documents" is an excellent
idea and when possible, it works.
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Cap
Quote:
I believe Weidner, Stopa, Garfield and Gardner should all be complimented on the work they have done in exposing mortgage servicing fraud.


Neil Garfield has never done or said anything useful in exposing mortgage servicing fraud. He is simply another scam artist like YOU!
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Cap,
    This is not a "personal' attack web site, so I'll leave the final insult to you. I hope you feel better
getting that off your chest.
     My advice to you is REPENT OF YOUR SINS, WHILE THERE IS STILL TIME!
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Texas
Just love holy rolling bible trumpeters that have a true lack of perception.
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Texas,
    The root cause of every human problem is SIN. All the other problems, even foreclosure stem from
it.

    The first step in winning a case is to examine one's life and genuinely repent of all previous sins in
light of the Ten Commandments.

     Only a penitant will receive the insight of the Holy Spirit and find the defense which is not visible
without the help of the Holy Spirit.

     The atheistic, evolutionists and materialists can not understand this concept and that is a major
reason why they lose to Satan and his offspring every time. To the materialist, spiritual truths seem
rediculous. They miss the whole realm of the Spiritual. This is the main reason America is in debt bondage to Satan and his offspring.

     Unless Americans reject the false theory of evolution and return to the Creator by rereading
Genesis and repenting of their Sins, America will continue to languish in debt bondage.

     The Creator will not help those who reject Him. He will allow Sinners to wallow in their sins until
they either die or Repent.

      One disaster after another will engulf America until a new "great awakening" turns America from
her sins,especially the debt-usury financial system imposed by Satan and his offspring on Wall Street
after the murder of JFK in 1963.

      Isn't 50 years of Wall Street fraud, and Hollywood filth enough? True America is caught in a vice.
Isn't it time we got right with the Creator and started pushing back? Repent and be Saved!
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Texas
For Mike H, where did you attend seminary?
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Daniel
Can we at least all agree that both Neil Garfield and Mike H. are scam artists? That Mike H. would intrude on this thread to extol Neil Garfield speaks for itself that Neil Garfield is despicable. Being endorsed by a close friend and disciple of Satan should warrant extreme caution by anyone looking for help to avoid foreclosure.

Of course, Mike H. seeks to trick people by also appearing to endorse Max Gardner, an honest man with the best interests of the borrower at heart. Like Gestapo agents who might shoot one of their own to falsely prove their fidelity to those being spied upon, Mike H. pretends to support Max Gardner seeking to elevate common scum like Neil Garfield to Max Gardner's level. Mike H. would kill his own grandmother if he could make $2 from some distressed borrower. No one should be confused by Mike H.'s dishonesty. When he endorses an honest person, it is to confuse and decieve. When he endorses a swindler like Neil Garfield, he shows his true colors. That Garfield is supported by the likes of Mike H. speaks for itself and proves the dishonesty of both.
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    Both Stan (Satan?) and Daniel are lying Tory pigs who wallow in sin like the pigs they are. They don't
post their email because they are also cowards who like to tell lies with impunity. There is no manhood
in them, they are lowlife know nothings who pretend to be wise, but neither one has ever won a case.
    Go back in the closet where you came from.
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Texas
What does an email address prove, 40 years ago no way was email available to the general public and the school of seminary was not disclosed.
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Jan
Quote:
What does an email address prove, 40 years ago no way was email available to the general public and the school of seminary was not disclosed.

Thank you for standing up for the borrower. It is awful that this Mike H. steals from borrowers and then even mocks those who are really religious by claiming that those who expose his crimes are sinners. Maybe we are all sinners, but Mike H. sold his soul to the Devil and does the Devil's work. Bless those who expose the crimes of this horrible man!! Bless you Texas!!! We all pray that Mike H. will be arrested and prosecuted for his crimes on Earth, knowing that he will burn in everlasting Hell for what he done.
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It's been a very long time since I've visited this board, but was just reviewing some of my notes from it whereupon I saw this post.

I am a CFE and  a grad of Max' foreclosure defense bootcamp and only have the upmost respect for him.  I've met him and have several conversations with him and he is straight as an arrow.   Unfortunately, this is rare to see with individuals in this area of law.   It is his goal to train an army of attorneys who can then work with their clients to achieve a resolution.  He exposes record keeping/altering fraud in the servicer's databases.  

Be aware that the list of grads on his website is largely those who attended his bankruptcy bootcamp unless it specifically states they attended the foreclosure defense bootcamp.  While some of the material overlaps they are different.  Unfortunately, there is no area of the website that lists those grads of the foreclosure defense bootcamps (who did not attend the bankruptcy bootcamp).  I am told they are working on this.

He is very concerned about pro se folks utilizing piecemeal information gleaned from around the internet and creating bad precedents.  He is very much aware of the perversion of the truth and wingnut theories out there.  

Also, as some have referred to in earlier posts these graduates are attorneys and by no means angels.  I have had very serious ethical issues with some of the graduates that clearly show that lining their pockets are the ONLY motive.  The site is not an endorsement of the graduates.  Surely, should you have problems with any of the graduates you need to inform his office as he won't know otherwise.  I know that many of the graduates either do not feel comfortable enough with their mastery of the training or feel that they have jurisdictional issues that simply won't allow them to implement his principles fully.   There's alot of frustration out there even with trained attorneys.  It takes a creative attorney to navigate the local rules and find a way to put his training to work.  This of course is true for every attorney, not just Max's graduates.

The take away is this:   Finding an attorney to defend you is crucial.  A good place to start is to find a Max Gardner grad, but check him/her out.  Find out how many cases they've handled and what the results were.  A volume practice is not what you're looking for, but the results.  This may not be an easy task depending on your local court's technology capabilities.  If you have an attorney that isn't comfortable with foreclosure defense and live in an area with a shortage of otherwise competent attorneys, consider hiring an out of area attorney as a consultant.  Some of these attorneys are willing to travel and appear pro hac vice or otherwise will coach your attorney when they get stuck.  

If you can't afford an attorney, well you have your work cut out for you.  If you have the time go hit the courts, pull local cases, find out where even other attorney's have erred.   Judges state in their decisions exactly this.  Of course, you may not have alot of time depending on where you live.   

What may appear to work in one state (or county even) does not necessarily work in others.  You may feel that you have evidence (robosigning, etc) but your court's local rules may not allow you the opportunity to present it because theirs is motion driven.  Oral argument may or may not be made until the late stage of litigation-- if you make it there.  This is why you need to build a solid record from the beginning.  

I travel around the country assembling information from "our side" and "the other side" and using this for a personal project of mine that I don't care to discuss here nor am I seeking/soliciting business from any readers of this forum.  I don't care to take part in blasting each other on this board so take from this what you want.


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Mike
Quote:
It's been a very long time since I've visited this board, but was just reviewing some of my notes from it whereupon I saw this post.

I am a CFE and a grad of Max' foreclosure defense bootcamp and only have the upmost respect for him. I've met him and have several conversations with him and he is straight as an arrow. Unfortunately, this is rare to see with individuals in this area of law. It is his goal to train an army of attorneys who can then work with their clients to achieve a resolution. He exposes record keeping/altering fraud in the servicer's databases.

Be aware that the list of grads on his website is largely those who attended his bankruptcy bootcamp unless it specifically states they attended the foreclosure defense bootcamp. While some of the material overlaps they are different. Unfortunately, there is no area of the website that lists those grads of the foreclosure defense bootcamps (who did not attend the bankruptcy bootcamp). I am told they are working on this.

He is very concerned about pro se folks utilizing piecemeal information gleaned from around the internet and creating bad precedents. He is very much aware of the perversion of the truth and wingnut theories out there.

Also, as some have referred to in earlier posts these graduates are attorneys and by no means angels. I have had very serious ethical issues with some of the graduates that clearly show that lining their pockets are the ONLY motive. The site is not an endorsement of the graduates. Surely, should you have problems with any of the graduates you need to inform his office as he won't know otherwise. I know that many of the graduates either do not feel comfortable enough with their mastery of the training or feel that they have jurisdictional issues that simply won't allow them to implement his principles fully. There's alot of frustration out there even with trained attorneys. It takes a creative attorney to navigate the local rules and find a way to put his training to work. This of course is true for every attorney, not just Max's graduates.

The take away is this: Finding an attorney to defend you is crucial. A good place to start is to find a Max Gardner grad, but check him/her out. Find out how many cases they've handled and what the results were. A volume practice is not what you're looking for, but the results. This may not be an easy task depending on your local court's technology capabilities. If you have an attorney that isn't comfortable with foreclosure defense and live in an area with a shortage of otherwise competent attorneys, consider hiring an out of area attorney as a consultant. Some of these attorneys are willing to travel and appear pro hac vice or otherwise will coach your attorney when they get stuck.

If you can't afford an attorney, well you have your work cut out for you. If you have the time go hit the courts, pull local cases, find out where even other attorney's have erred. Judges state in their decisions exactly this. Of course, you may not have alot of time depending on where you live.

What may appear to work in one state (or county even) does not necessarily work in others. You may feel that you have evidence (robosigning, etc) but your court's local rules may not allow you the opportunity to present it because theirs is motion driven. Oral argument may or may not be made until the late stage of litigation-- if you make it there. This is why you need to build a solid record from the beginning.

I travel around the country assembling information from "our side" and "the other side" and using this for a personal project of mine that I don't care to discuss here nor am I seeking/soliciting business from any readers of this forum. I don't care to take part in blasting each other on this board so take from this what you want.


Well said!

Everyone at this site knows that Neil Garfield is a swindler. There is no real debate or dispute about that. The only posts pretending to defend Garfield are from Garfield shills or Garfield himself.

Clarifying analysis about both the promise and the inherent limitations of Max's training is nevertheless helpful. Max is an honest attorney and has sought to help borrowers, but the results of his efforts are inherently uneven since he cannot control the ethics and practice of his students after they leave his training.

It is unnecessary to belabor the debate set up by the original post. Max Gardner is good. Neil Garfield is evil. Anyone working with Garfield is a criminal. A few who have received training from Max may be less than satisfactory.
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