Category: legal standing

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

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

Preliminary Injunction in Foreclosure Cases

July 14, 2026

How to stop a Foreclosure sale For many homeowners, obtaining a Temporary Restraining Order (TRO) feels like crossing the finish line. The foreclosure sale has been stopped. The immediate crisis has passed. Everyone can finally breathe. Unfortunately, that is usually only the beginning. A TRO is designed to preserve the status quo for a very short period of time. It gives the court an opportunity to examine the legal issues before irreversible harm occurs by stopping the sale. But unless additional relief is granted, the foreclosure process may simply resume once the TRO expires. That is where a Preliminary Injunction

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

TRO in Foreclosure: Emergency Court Orders Can Stop a Sale

June 23, 2026

One of the most common statements heard from homeowners facing foreclosure is: “I wish I had acted sooner.” Unfortunately, many homeowners do not realize how quickly foreclosure timelines can move until a sale date has already been scheduled. The notices arrive. The servicer refuses to answer meaningful questions. The foreclosure attorneys continue moving forward. And suddenly the homeowner is staring at a trustee sale date that may be only days away. At that moment, many people assume there is nothing left to do. That assumption is often incorrect. In many situations, courts possess the authority to temporarily stop a foreclosure

Quiet Title: How To Challenge Pretend Lender Claims

June 16, 2026

One of the most misunderstood legal remedies in real estate litigation is the quiet title action. This legal remedy is fundamentally about forcing parties claiming rights against property to prove those claims rather than relying on assumptions, labels, or recorded paperwork alone. A quiet title action is a lawsuit. Its purpose is simple: To determine who actually has a valid claim to an interest in real property and eliminate claims that cannot be legally supported. In foreclosure litigation, quiet title actions can become important when questions arise concerning ownership, standing, assignments, securitized trusts, servicer authority, or the identity of the

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

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

How to Read a Foreclosure Complaint Like a Defense Lawyer

May 12, 2026

Most homeowners react to a judicial foreclosure complaint the same way. They panic. That reaction is understandable. A foreclosure complaint is intimidating. It looks official. It is filled with legal language, exhibits, signatures, and accusations. But here is the first thing you need to understand: A foreclosure complaint is not proof. It is a set of allegations. And those allegations must be proven with admissible evidence. That changes the way you should read the document. Most homeowners read a foreclosure complaint emotionally. Defense lawyers read it strategically. That is the difference between reacting and building a defense. Remember, if you

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 Defense in New York: Timing, Standing, and Strategy That Works

April 30, 2026

New York Foreclosure Defense is one of the most misunderstood foreclosure states in the country. On the surface, it looks like a system that favors banks. Cases drag on for years. Paperwork piles up. And homeowners often feel like they are fighting a losing battle. But that is not the whole story. New York is one of the strongest states for foreclosure defense—if you focus on the right issues. The Two Issues That Decide most NY Foreclosure Cases In New York, foreclosure cases are not usually won on emotion, hardship, or broad accusations. They are decided on: If you understand

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

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

The Missing Creditor Problem: Why Securitized Mortgages Often Fail the Basic Test of Foreclosure Authority

April 7, 2026

There is one question at the heart of nearly every foreclosure case, and most courts still do not ask it clearly enough: Who is the creditor? Not who is the servicer. Not who has possession of paper. Not who filed the foreclosure. The real question is this: who has the legal authority to verify the debt, accept payoff, and release the lien? That question used to have a simple answer. In a traditional loan, the lender made the loan, kept the account, collected the money, and could release the mortgage when the debt was paid. But in modern securitization, those

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

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

Another Example of LSF9 and McCarthy and Holthus going down in flames

February 13, 2023

Standing is established when the party pursuing foreclosure can “demonstrate that it had the right to enforce the note and the right to foreclose the mortgage at the time the foreclosure suit was filed.” PNC Mortg. v. Romero, 2016-NMCA-064, ¶ 19, 377 P.3d 461 (alteration, internal quotation marks, and citation omitted). Third parties seeking to enforce a promissory note underlying a mortgage establish standing by “prov[ing] both physical possession and the right to enforcement through either a proper indorsement or a transfer by negotiation.” Bank of N.Y. v. Romero, 2014-NMSC-007, ¶ 21, 320 P.3d 1. LSF9 Master Participation Tr. v. Dickinson, No. A-1-CA-37364, at *4 (N.M. Ct.

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

CT Supremes Slam Bank of New York Mellon and Clarify Law in Favor of Homeowners

February 7, 2023

The named defendant’s petition for certification to appeal from the Appellate Court, 202 Conn. App. 540, 246 A.3d 4 (AC 40959), is granted, limited to the following issues: “1. Did the Appellate Court correctly conclude that the named defendant’s challenge to the plaintiff’s standing to prosecute this action, and, thus, the trial court’s subject matter jurisdiction to adjudicate the matter, represented an improper collateral attack on one or more of the earlier judgments rendered by the trial court in favor of the plaintiff? [ANSWER WAS NO, THE LOWER APPELALTE COURT WAS WRONG. THE EFFECT IS BINDING ON ALL CONNECTICIUT COURTS AND PERSUASIVE ON