Category: Corruption

The Truth About Business Records in Foreclosure

May 19, 2026

Most foreclosure cases appear overwhelming because they come wrapped in business records. Payment histories. Affidavits. Default letters. Computer printouts. Servicing notes. And all of it is usually presented to the homeowner—and often to the court—as if it automatically proves the case. But here is the problem: Most foreclosure cases are built on what are called “business records,” and many of those records are far weaker than they appear. This is one of the biggest misunderstandings in foreclosure litigation concerns these business records in foreclosure. Homeowners often assume: If it is in the file, it must be true. That is not

Servicer Dirty Tricks in Foreclosure: Learn the Defense

May 14, 2026

Because of some mortgage servicer dirty tricks the foreclosure process is not clean, fair, or based entirely on verified evidence. Let’s stop pretending mortgage servicer’s are above dirty tricks in foreclosure. In many foreclosure cases, the real battle is not between a homeowner and a true lender. The battle is between a homeowner and a mortgage servicer that may not own the debt, may not have suffered any financial loss, and may not even possess admissible evidence proving the right to enforce the loan. Companies like Shellpoint, Wells Fargo, JPMorgan Chase, and Mr. Cooper frequently appear in foreclosure litigation across

The Money Trail in Foreclosure Defense: Why Chain of Title is Not Enough

May 7, 2026

Most foreclosure cases are won or lost on one simple question: who owns the debt? Not who claims to own it. Not who services it. Not who has a paper assignment. Not who holds up a copy of a note in court. The real question is this: Did anyone actually pay value for the underlying obligation? That is the issue most homeowners miss. It is also the issue many lawyers fail to raise in time. And once it is missed, the court may treat the bank’s story as true, even when the real money trail was never proven. The Chain

Servicer Authority in Foreclosure: a Weak Link Banks Hope You Miss

May 5, 2026

In most foreclosure cases, the name on the lawsuit is not the party doing the work. It’s the servicer. But do they really have the authority to foreclose? We’ll explain. The servicer sends the notices. The servicer files the affidavits. The servicer’s employees testify in court. The servicer’s lawyers push the case forward. Servicers like shellpoint are trying to foreclose. And yet, one of the most important questions is rarely asked clearly: What gives the servicer the legal authority to do any of that? This is not a technical question. It is a foundational one. If the servicer cannot prove

Can You Stop Foreclosure Once It Starts?

March 10, 2025

https://livinglies.me/wp-content/uploads/2025/03/IMG_0579.mov A Homeowners Guide Facing foreclosure can be overwhelming, but homeowners should know that they have options. Even after the process begins, there are legal, financial, and negotiation strategies that can help stop foreclosure and save your home. This guide will break down everything you need to know about stopping foreclosure once it starts. Many times, the best defense is going on the offensive against lenders. That’s what we do here at https://livinglies.me/ Our strategies include documenting issues with foreclosing parties based upon fraud and “lack of legal” standing. Just because a lender is suing you for foreclosure does not

Getting the house back after foreclosure

February 27, 2025

Neil Garfield and I have been fighting illegal foreclosures for over 20 years. Here at Livinglies.me sometimes we win big and get the house back after foreclosure and eviction. Wins can come in all forms for us in the Foreclosure Litigation support arena. Here is our latest win in the making in the state of Washington. Foreclosed upon, Ignored by the Judge, then Evicted Our client Kevin had his house stolen. He got kicked out of the home he loved; the home where his son is buried. He came to us desperate, needing help to correct a wrong. Little did

U.S. Bank Admits Their Limited Authority

September 11, 2024

Unveiling the Truth Behind Trustee Roles in Foreclosure US Banks own Brochure is a bombshell revelation In the battle to defend your home from wrongful foreclosure, homeowners often find themselves up against big names like U.S. Bank, Deutsche Bank, or Bank of New York Mellon. These “trustees” appear on foreclosure documents, often leading homeowners to believe these institutions are actively managing their loans and directly pulling the strings in the foreclosure process. But here’s the truth: *They’re not*. Recently, I came across an internal brochure from U.S. Bank that makes their role as trustee crystal clear. It’s like hearing from

Mortgage Court Cases

August 26, 2024

When we go to court to defend an illegal foreclosure, we’re often trying to figure out who really has the right to get paid back the loan. This is important because you should only have to pay the person or company that actually lent you the money in the first place. In mortgage court cases involving foreclosures, Banks have been telling courts that it’s enough to just point to the person who owes the money. Because of this, there’s a whole bunch of companies pretending to be the ones who should get paid, Here’s the thing: if you owe money,

Graceland Fraudulent Foreclosure

May 21, 2024

Non judicial Sale stopped by Temporary Restraining order For our readers hearing about fraud in a foreclosure sale is nothing new. Now the nation is learning about how emboldened some are to commit fraud upon the court through the highly publicized attempt to seize one of America’s national treasures, Graceland in Memphis. The fraud, outlined in a CNN report and others covering the story, details a story that should sound familiar to our readers. Here are some of the highlights of the fraud as being reported: I’m sure there is more evidence of fraud to be uncovered here but this

Received a letter from Covius Document services?

February 13, 2024

https://livinglies.me/wp-content/uploads/2024/02/Untitled-video-Made-with-Clipchamp-5-1-1-1.mp4 If I didn’t take the time to outline the confusing structure of Covius and their cronies most would not believe it. I learned this from my mentor Neil Garfield and he went into it in great detail with me. I was frankly shocked at the lengths these entities go to in hiding their real identity, who they really work for, and what their real objective is. Do not believe that their agenda is to help homeowners who may be in financial distress.. Trust me, our team here at livinglies are not thrown off the trail of what’s really going on. Here

Who Really Owns the Home Loan? A Closer Look at Mortgage Court Cases

February 5, 2024

When we go to court to defend an illegal foreclosure, we’re often trying to figure out who really has the right to get paid back the loan. This is important because you should only have to pay the person or company that actually lent you the money in the first place. Banks have been telling courts that it’s enough to just point to the person who owes the money. Because of this, there’s a whole bunch of companies pretending to be the ones who should get paid, Here’s the thing: if you owe money, it must be to someone specific,

Legal Perspective on Wrongful Foreclosure Actions and Potential Damages

January 25, 2024

In the intricate landscape of foreclosure cases, a formidable litigation strategy is essential to navigate the complexities. Drawing on our team’s extensive experience in litigating complex foreclosures in both judicial and non-judicial states, we present here an array of meritorious civil actions. All strategies herein are aimed at addressing the deliberate orchestration of illegal foreclosures against homeowners. This article explores key legal aspects, including wrongful foreclosure claims, violations of statutes, and potential damages applicable nationwide. Our Formidable Litigation Strategy: Uncovering the Layers of Complexity Aligned with a robust defense strategy, our approach involves a comprehensive review of all pertinent instruments

Servicers dirty tricks

November 22, 2023

Mortgage servicers, who are the companies that manage home loans, sometimes engage in deceptive practices, especially when dealing with securitized residential home loans. Here are some of the key tactics they might use: 1. **Misapplication of Payments**: Sometimes, these servicers don’t apply your payments correctly. They might put your money towards fees or other costs instead of reducing your loan balance like they should. 2. **Unjustified Fees and Charges**: They might add on extra fees or charges that aren’t fair or even necessary. This can include late fees, legal fees, or other costs that might not be justified. 3. **Dual

Our Strategic Foreclosure Defense Model

November 17, 2023

Leveraging Discovery in Judicial and Non-Judicial States Through State Specific Statutes In the labyrinth of foreclosure litigation, the timing and strategy employed during critical stages can significantly impact the outcome. Our experience has revealed a paramount step often overlooked by real estate homeowners, proving prejudicial in many cases. This negligence often allows foreclosure proceedings to progress unchecked until it is too late to mount a substantial defense. Critical Stages of Foreclosure Litigation: Foreclosure cases initiated by banks, servicers, and trusts frequently sprint towards final judgments without robust opposition. The procedural trajectory takes shape upon filing the foreclosure complaint, where supporting

PennyMac, Ocwen and other pretend servicers

November 8, 2023

PennyMac and others are pretending to be “servicers” but they’re not, even though they do some servicing work. They’re using Black Knight’s systems to do it. Think of Black Knight as a big boss that controls a lot of the so-called “servicing records,” about 62% of them in the US. Because of this, companies can act like they checked the records when they really didn’t, just by logging into Black Knight’s system. Black Knight (formally known as LPS) is pretty shady—they’ve been caught doing illegal stuff before. So when they’re involved, it makes the court suspicious of any documents that

Don't Ask Who Holds the Note, Ask Who REALLY Owns Your Debt

October 9, 2023

One of the most important things I learned from Neil Garfield in the time he was mentoring me and preparing me to take over his practice is this: When you’re trying to figure out who has the rights to your home loan, don’t get caught up asking about who has the paper note. Instead, focus on who truly has a claim on the money you owe. Why? Because there’s a tricky part in the law. If someone just shows they have the note, people might assume: They got it from someone who had the right to give it. That person

While we are all napping: Trading in MSRs hit $1 trillion.

April 25, 2023

According to recent reports: MSR trading volume this year is on pace to meet or exceed last year’s robust mark, when some $1 trillion in MSRs exchanged hands — then fueled by the spike in interest rates. The trading volume of MSRs so far this year is on pace to meet or exceed last year’s robust mark, when some $1 trillion in MSRs exchanged hands — then fueled by the spike in interest rates. So unless you are a finance nerd like me, you don’t know or care. But if you are receiving statements from companies with whom you never

HEARSAY OBJECTION AND LACK OF FOUNDATION: How Lockbox and Separate Processing Agreements Divert Money and "Servicing" Functions to Undisclosed Third Parties Acting on Behalf of the Investment Bank Who Originated the Transaction with the Homeowner.

February 15, 2023

From LoanDepot quarterly report, 2022: The Company derives income primarily from gains on the origination and sale of loans to investors, income from loan servicing, and fees charged for settlement services related to the origination and sale of loans. Not one word about revenues or profits arising from the receipt of principal and interest from borrowers. But people who have done business with Loan Depot (and there are thousands of them) all think they borrowed money from Loan Depot. So when they see a document purpotedly endorsed or assigned from Loan Depot, it make sense. But it is a lie.

How Foreclosure Mills Win by Misusing "Judicial Notice"

February 10, 2023

Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff or beneficiary has the right to administer, collect and enforce it. If that is alleged in a form that is allowed by law, and proven in the manner allowed by law, the foreclosure will be granted. I might add, that it should be granted to

The irrefutable logic at the foundation of all successful foreclosure defense narratives

February 2, 2023

The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and investors. * I continually get the same question, mostly because neither the homeowner nor the “investigators” understand anything about being a licensed, educated, experienced investment banker, lawyer, or accountant. If they were any of those, they would not ask the question. * The latest question

TRID may be another easy win for Homeowners

May 5, 2022

since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. TILA-RESPA integrated disclosures (TRID) is a series of guidelines that dictate what information mortgage lenders need to provide to borrowers and when they must provide it. TRID rules also regulate what fees lenders can charge and how these fees can change as the mortgage matures. But

FCRA Might Be Fertile Ground for Individual and Class Actions Especially under CFPB Rules

May 3, 2022

if the CRC does not perform the investigation or performs it incorrectly, you can sue them. In a world where the ability to access credit matters more than the ability to access savings, nothing could be more important than these provisions under the Fair Credit Reporting Act (FCRA). Anyone who read the book or saw the film “The Firm” knows that it is often a boring statute that can take down the worst offenders. It was mail fraud in that story. For more information ask the descendants of Al Capone who died in prison of syphilis after being convicted of

Why the CFPB Announcement is Very Important

May 2, 2022

when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated “servicer” are not business records that are not exempt from the hearsay rule, the poop will hit the fan. I received multiple emails from lawyers and homeowners who were confused when I posted an article about the latest CFPB announcement. Most people are not clear on why this announcement is so important. I can say this — the lawyers who represent “industry actors” are sending up flares about this announcement. See the Troutman Pepper Analysis.

Interpleader Might Be Useful in Revealing the Absence of Any Unpaid Loan Account

April 28, 2022

One of my constant comment contributors recently informed me and others that she was trying a new tack. She writes “My attorneys are making a demand that any refi money be placed with the Court and that the judge decides who he wants to pay.” This is very close to an Interpleader action which is virtually unknown amongst laypeople and many lawyers. In an interpleader action, a party says to the court I have this asset and there are two conflicting claims to get it from me. In its purest form, the Interpleader says that he doesn’t care who gets