Category: foreclosure

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

Best Ways to Stop a Foreclosure

December 3, 2024

Are you facing foreclosure? Then this article might help you. When the bank comes knocking, threatening to take your home, it can feel like the end of the world. But let me tell you this: foreclosure is not the end of the road. Homeowners have rights. What are the best ways to stop a foreclosure? Let’s break it down in plain English. Step 1: Know Your Enemy The banks and servicers rely on one thing to push through foreclosures: your lack of knowledge. They’re betting you won’t question their paperwork or demand proof of their authority to foreclose. They operate

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,

How Long Can I delay a Foreclosure on my home?

July 15, 2024

Hey there, homeowner! If you’re here, it’s likely you’re worried about foreclosure and want to know how long you can postpone it. Let me tell you upfront: you’re not alone. Many homeowners face this challenge, and understanding your options is the first step to taking control of the situation. It’s our mission here at Livinglies.me to stop foreclosures so you’ve come to the right place. Let’s break it down into simple steps so you can follow along. Understanding Foreclosure Timelines Foreclosure doesn’t happen overnight. The process varies by state, but it generally takes several months to over a year from

Lack of Standing Defense in Foreclosure

June 18, 2024

Many of us heard about the issue decided by the United States Supreme court in the abortion pill case this past week but you might not be aware of what Lack of Standing means. Whatever you opinion on the FDA approval of that drug, the court rejected hearing the case citing the plaintiff doctors, who wanted the pill banned, had no standing to bring their suit. So what is “legal standing” and how does it apply to Foreclosure Defense and specifically MERS.? What is Legal Standing? Legal standing refers to the right of a party to bring a lawsuit to

Another win for Livinglies.me team combines Probate and Foreclosures issues to stop Sale

June 7, 2024

EMERGENCY HEARING REQUEST Case #2013-CA-012542-O This order based upon an emergency motion prepared by Richard Kalinoski esq. with assistance from Anthony Varrone J.D., highlights the creative and unique benefits of our Foreclosure Litigation experience. The sale of clients home was scheduled to be foreclosed upon in Florida on June 4th of this year. In the case before the court there were issues related to an attempt to foreclose on a property involved in probate. At issue was the plaintiff foreclosing wrongfully and obtaining a foreclosure judgement against a deceased party that was not lawfully before the court. We identified the

How to fight foreclosure

May 30, 2024

Exposing the Fraud in Foreclosure: How LivingLies.me Can Help You Fight Back How to Fight Foreclosure: Behind the scenes of foreclosure, there’s a maze of lies and complexity. The real story of mortgage transactions is often hidden under layers of financial trickery called securitization. Let’s break it down and see how the big banks use this system to commit fraud and injustice, and how the team at LivingLies.me can help you fight back. The Truth About Securitization Securitization is a fancy term for a process that makes mortgages look like traditional loans when they’re not. Big financial institutions like Citi,

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

Role of Discovery in Foreclosure Litigation

May 20, 2024

Understanding the Crucial Role of Discovery in Foreclosure Lawsuits Discovery in Foreclosure Litigation: In the realm of litigation, particularly in complex cases such as foreclosure, the process of discovery plays a pivotal role. Neil Garfield would always emphasize that the success or failure of a case often hinges on the effective execution of discovery and the subsequent follow-up actions. This blog delves into the nuances of why discovery is critical, how it should be conducted, and the ramifications of inadequate follow-up. The blog also highlights the challenges faced by pro se litigants and some practicing lawyers, underscoring the importance of

What is Res Judicata

May 16, 2024

As a law firm deeply involved in foreclosure defenses, we often meet homeowners who have initially tackled their legal battles without an attorney. For those of you managing your foreclosure defense pro se, grasping the principle of res judicata is essential. This doctrine, meaning “a matter judged” in Latin, prevents issues that have been conclusively settled between the same parties from being re-litigated in court. This ensures the finality of decisions and conserves judicial resources by preventing repetitive lawsuits. Here’s what every pro se litigant should know about res judicata and why considering a transition to a platform like LivingLies.me,

Ocwen guilty of wrongful foreclosure

May 10, 2024

Have you been the victim of a wrongful foreclosure? Did it involve Deutsche Bank or Option One Mortgage Corporation later named Sand Canyon Corporation and later bought by Ocwen? Our legal team is reserching a possible wrongful foreclosure action against Ocwen. If you have been harmed by these entities you should contact our office by phone, email or by submitting a free case registration statement. Ocwen has been found guilty of so much wrongdoing it’s hard to keep track of the lawsuits and settlements by them. I’ve seen first-hand, alongside my mentor Neil Garfield, the numerous wrongful foreclosures conducted by

Rethinking Legal Defense in Foreclosure Litigation

April 28, 2024

Let’s break down foreclosure battles into simple terms. Imagine you’re playing a game where the odds feel stacked against you, and you’ve been told from the start you’re going to lose. That’s how it feels for many of you fighting illegal foreclosures to keep your home. Many Lawyers often don’t want to touch these cases because they think they’ve got no chance to win. That’s why so many of you describe having a hard time finding a lawyer. Foreclosure defense is a specialty practice that is not very popular with many in the banking and judicial system. At Living lies

Pro se or no say?

April 22, 2024

Why do pro se litigants in foreclosure defense cases lose so often? My mentor Neil Garfield, and now me, spend a lot of time working on the livinglies blog to present evidence-based strategies and methods to homeowners to help them save their homes from illegal foreclosures. Often these same homeowners are trying to save their home from bad actors who have no standing in a courtroom to even bring about a foreclosure action; let alone win one. So why do some many homeowners often lose when they try and represent themselves? Even using some of our expert affidavits and products

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

More servicer dirty tricks

January 17, 2024

In a previous post here I shared some servicer deceptive practices when dealing with homeowners they are trying to foreclose on. In the realm of mortgage servicing, what meets the eye can be deceiving. In the spirit of my mentor Neil Garfield I am continuing to unveil deceptive practices employed by companies claiming to be servicers. In doing so I hope to shed light on the crucial role of vigilant homeowners and their attorneys in challenging these servicer illusions. SERVICING IS ABOUT MONEY Receipt of payments. Follow the money. Contrary to common assumptions, the legitimacy of a company claiming to

Foreclosure Defense Attorneys are hard to find

January 4, 2024

Once of the most common problems readers of our blog describe is trouble finding a foreclosure defense attorney to take their case. Not only take their case but even listen to them! In our experience this is a result of two main issues. 1. Expertise We often say amongst our team here at livinglies that not only are we among the very best at defending foreclosure, we’re among the very few! This is a highly specialized practice and not for the faint of heart. (We are regularly attacked by the big money players and judges we oppose and appear in

Foreclosure Defense attorney to challenge Lender claims

December 11, 2023

In the complex landscape of foreclosure defense, the role of a skilled attorneys is paramount. So many of you told us of your struggles in finding an expert in this are I thought it important to share the importance of why Foreclosure Defense is such a specialty. These legal professionals bring a wealth of knowledge and strategies to the table, significantly influencing the outcome of foreclosure cases. One critical area where they add value is in challenging the lender’s right to foreclose based on various affirmative defenses. Understanding Affirmative Defenses Affirmative defenses are reasons why a lender’s claim to foreclose

Another win for the livinglies team

December 5, 2023

Last month I posted about our successful strategic foreclosure defense model. This model was developed by my mentor Neil Garfield over decades and has been utilized by pro se homeowners and the attorney’s we help with Litigation support services across the country. It has resulted in our being able to save thousands of homes in every state in our great country. It is no wonder we have such a large following of over 5,000 subscribers while our detractors can only muster a couple dozen. Sometimes wins can take several forms. A win for us could be successfully defending a foreclosure

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

FORECLOSURE OR RELIEF FROM STAY

November 14, 2023

In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently. In many if not almost all cases, the party seeking to exercise the rights of the creditor will be a servicing company. Servicing companies will be asserting the rights of their alleged principal, the note holder, which is, again, often going to be a trustee for a securitization package. The mortgage holder or beneficiary under the deed

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

How to Stand Your Ground in Court Without Offending the Judge

October 31, 2023

A Guide for Homeowners and Their Attorneys in Foreclosure Defense Did You Take a Loan? We’ve all been there, sitting in a courtroom, listening as the judge fires off a familiar question: “Did you take a loan?” Whether you’re defending yourself or you’ve got a lawyer by your side, this moment can be nerve-wracking. But listen up, it’s crucial to hold your ground. Your response should cut straight to the point: “Your Honor, I’ve had my share of loans over the years. But the key thing here is, I’ve never taken a dime from these folks or anyone they took