Category: evidence

Before You Fight Foreclosure, Build the Evidence

October 6, 2026

The Records Every Homeowner Should Preserve If you are facing foreclosure, one of the biggest mistakes you can make is starting with an argument before you understand the evidence. That’s why at LivingLies/DefendtheForeclosure we always build the evidence before we even begin to fight foreclosures. Homeowners understandably want answers immediately. “How do I stop the foreclosure?” “Does the bank really own my loan?” “Is the assignment valid?” “Who is the real creditor?” “Can they prove they have the right to foreclose?” Those can be important questions. But there is a question that should come first: What does the evidence actually

How to Stop Foreclosure Before It Gets Too Far

August 20, 2026

Why Acting Early Changes Your Options If you are searching the Internet for how to stop foreclosure, there is something you need to understand before anything else: When you act can be almost as important as what you do. Homeowners often think of foreclosure as one event. It isn’t. Foreclosure is a process. And during that process, your options can change. The homeowner who begins investigating after receiving the first serious default or foreclosure notice may have months to gather documents, obtain information, analyze the loan, seek professional help, develop evidence, and determine what strategy makes sense. The homeowner who

Mortgage Servicer Boarding Records

August 13, 2026

Can a New Servicer Really Prove Old Servicer’s Records? Your mortgage servicing gets transferred. A new company begins sending statements. Years later, that company—or perhaps another company after it—appears in court with a payment history covering periods when it was not even servicing your loan. Its witness testifies about the account. The witness may tell the judge that the records are maintained in the ordinary course of the servicer’s business. But there is a basic factual question hiding behind all of this: How did the new servicer get the old servicer’s information into its computer system? The answer usually involves

The Foreclosure Business Records Trap

August 11, 2026

How Servicers Try to Get Computer Records Into Evidence There is a moment in many foreclosure trials that homeowners and even some lawyers fail to recognize as one of the most important moments in the entire case. The introduction of Foreclosure Business records. The foreclosure lawyer hands a stack of documents to a witness. The witness identifies them as records maintained by the mortgage servicer. The lawyer asks a series of questions about how the company keeps its records. Then the lawyer asks the judge to admit the documents into evidence under the Foreclosure business records exception to the hearsay

Foreclosure Discovery Secrets

August 4, 2026

How to Obtain the Records Banks and Servicers Avoid Producing in Discovery If you are facing foreclosure the Discovery process in Foreclosure cases is key. One of the biggest myths in foreclosure litigation is that the outcome depends entirely on the documents attached to the foreclosure complaint. It doesn’t. Learn how to get the records the “pretend lenders” don’t want you to see. The complaint is only the beginning of the case. The real battle often centers on the evidence that exists behind those documents—and whether the foreclosing party can produce competent records that support its claims. That is why

The Foreclosing Party Is Not the Real Creditor

July 29, 2026

How to prove it by building an evidence based defense One of the first questions many homeowners should ask after receiving a foreclosure complaint is surprisingly simple: “Is the company suing me actually the company that owns my loan?” It is an important question. That’s why making them prove they are the real creditor is critical. The foreclosure complaint may identify one entity. The monthly mortgage statement may identify another. The notice of default may come from a loan servicer. The assignment of mortgage may reference a trustee. The original lender may no longer exist. As a result, homeowners often

How Loan-Level Data Can Stop a Foreclosure

July 21, 2026

Discovering the Real Creditor Before You Lose Your Home Here’s how loan level data in foreclosure defense can stop a sale; read on. For years, foreclosure litigation has focused on documents that appear in the public record. The promissory note. The mortgage or deed of trust. Recorded assignments. Affidavits signed by loan servicers. Declarations stating that someone reviewed business records. These documents are important. But they often tell only part of the story. Behind nearly every modern residential mortgage is an enormous amount of electronic information that never appears in the county recorder’s office. That information is commonly referred to

Emergency Motions to Stop a Foreclosure Sale

July 16, 2026

A Homeowner’s Guide to Immediate Court Relief Few events create more fear than receiving notice that your home will soon be sold at foreclosure. For many homeowners, the first reaction is panic. Phone calls are made. Modification applications are rushed to the servicer. Internet searches begin late into the night looking for one simple answer: “How do I stop the foreclosure sale?” The answer depends on the facts of your case, but one thing is certain. The legal system provides several emergency procedures that may allow a court to stop or postpone a foreclosure sale while important legal issues are

Possession of the Note Is Not Proof of Ownership

July 9, 2026

By Lance Denha esq. and Donna Steenkamp For more than twenty years, we have been saying possession of the note is not proof of ownership. This is something that many courts are only beginning to recognize. The foreclosure industry has successfully convinced courts to ask the wrong question. Instead of asking: “Who actually owns the debt?” many foreclosure cases begin and end with this question: “Who has the original promissory note?” Those are not the same thing. In fact, in today’s mortgage marketplace, they are often completely different questions with completely different answers. That distinction has cost thousands of American

Why Possession of the Note May Not Be Enough to Foreclose

June 9, 2026

One of the most common statements heard in foreclosure courtrooms across America is: “We have possession of the note.” For many judges, lawyers, and homeowners, that statement ends the discussion. The assumption is simple: If the foreclosing party has possession of the original note, it automatically has the right to foreclose. But that assumption is often wrong. Possession of a note may be important. In some states it may create presumptions. In certain circumstances it may establish a right to enforce. But possession alone does not always answer the most important question in foreclosure litigation: Does this party actually have

What Is Standing in Foreclosure? The Defense That Works

June 2, 2026

If there is one issue that can change the direction of a foreclosure case, it is standing. It is a defense we help homeowners use the most and it works. Here at LivingLies we talk about it a lot but realize not everyone understands what are Legal Standing foreclosure defenses. Most homeowners never hear the word “standing” until they are already in trouble. By then, the foreclosure papers have been filed, the notices have arrived, or the sale date is getting close. But standing is not a technical trick. It is not a loophole. It is one of the most

How to Fight a Non-Judicial Foreclosure

May 21, 2026

Non-judicial foreclosure fight is one of the most misunderstood processes in the country. Many homeowners believe that because there is no lawsuit at the beginning, there is no non-judicial foreclosure fight. That belief costs people their homes. Non-judicial foreclosure does not mean the foreclosure is automatically valid. It simply means the process moves forward without immediate court supervision unless the homeowner takes action. That distinction matters. In states like California, Georgia, and Texas, the foreclosure process can move very quickly. Notices are recorded, sale dates are scheduled, and homeowners are often pushed into panic mode before they fully understand what

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

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

Foreclosure Dismissed in New York: Statute of Limitations Defense Wins Again

April 28, 2026

This is what happens when the court looks at the timeline instead of just accepting the story. In a recent decision out of Nassau County, New York, the court dismissed a foreclosure action because it was filed too late. Not because of sympathy. Not because of technical tricks. But because the law was applied to the actual timeline. Our team at living lies was hired by a local NY attorney to do a case analysis and we’re proud to announce another win. The statute of limitations had expired—and the bank could not fix it. You can read the court’s decision

How to Challenge a MERS Assignment in Court

April 23, 2026

By Donna Steenkamp Head of Research at Living lies/Defend the Foreclosure Few documents in foreclosure litigation are treated with more blind acceptance than a MERS assignment. That is a mistake. When a MERS assignment appears in the file, many homeowners assume it settles the transfer issue. Some lawyers treat it the same way. But a recorded assignment is not the end of the inquiry. It is the beginning of one. The real question is not whether an assignment exists. The real question is whether it proves a real transfer of enforceable rights by a party with actual authority actually took

Statute of Limitations Foreclosure Defense: What You Must Know

April 21, 2026

There is one issue in foreclosure cases that many homeowners overlook—and it can change everything. That issue is timing and something called the Statute of Limitations in Foreclosure Defense. Banks and servicers act like they can come after you forever. Like there is no deadline. Like once you fall behind, they can enforce the debt whenever they feel like it. That is not always true. Every state has laws that limit how long a party has to bring a claim. These laws are called statutes of limitations. And when they apply, they can be one of the strongest defenses in

Loan-Level Data in Foreclosure Defense: The Evidence Banks Don’t Want You to See

April 16, 2026

Let’s get straight to the point. Foreclosure cases are often presented as if the paperwork tells the whole story. A servicer waves around records, a lawyer recites a trust name, and everybody is expected to act as if the right to enforce has already been proven. But that is not how real litigation is supposed to work. Courts are supposed to decide cases based on admissible evidence. And when it comes to foreclosure, one of the most important types of evidence is loan-level data. Why? Because loan-level data often tells the story that the foreclosure paperwork avoids. What Is Loan-Level

Article 3 vs Article 9: The Foreclosure Defense Strategy

April 14, 2026

Most foreclosure cases are decided on an assumption that is never actually proven. That assumption is simple: “If the bank has the note, they have the right to foreclose.” But that is not what the law says. And if you build your defense around that assumption, you will lose — even if the party foreclosing has no right to enforce the debt. The truth is this: Article 3 of the Uniform Commercial Code deals with enforcement of a note.Article 9 deals with ownership of the debt. Those are not the same thing. See definitions discussed here And foreclosure is not

We just keep winning Foreclosure Cases

January 14, 2025

We keep winning. People ask us all the time about our wins. Our wins can take many forms but to our clients they are all considered wins. For example, if we help a client defend against an illegal foreclosure and the pretend lender drops their case and it’s dismissed; that’s a win. The homeowner stays in their home. Unfortunately, we see these cases get refiled sometimes even with fraudulent transfers of the supposed “debt” to another pretend lender sometimes years later. At the time the homeowner had the resources to only defend against the pretend lender and not to pursue

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

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.