civil procedure

Walls Continue to CLose in On Banks in Courts Once Hostile to Borrower Defenses

McDonald v OneWest This case should be read more than once When I started writing about legal defenses to foreclosures that appeared patently fraudulent to me, I thought it might only take a few months for things to catch on. About the timing I have been consistently wrong. About the substance I have been consistently …

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CONSUMER ACTION REQUIRED NOW!!! Banks Try for Amnesty at State level in Florida

Editor’s Note: Matt hits the nail on the head so there is no need to do a whole essay on the problem — just read his piece shown below. The Banks are getting itchy because like the economic crash they see a political crash coming. The Florida legislature is looking to “expedite” foreclosures. Republican controlled …

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MASS SUPREME COURT CLARIFIES: YOU CAN'T SELL WHAT YOU DON'T OWN — MISSING HOMEOWNER WINS CASE WITHOUT KNOWING IT

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WRONGFUL FORECLOSURE IS NOT THE FOUNDATION FOR TITLE PROSPECTS FOR TITLE PROBLEMS ACROSS THE NATION ARE MUSHROOMING EDITOR’S NOTE: Likening the claims of the bank and the person who received a “quitclaim” deed to a Brooklyn Bridge transaction, the Court simply stated the …

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Re-Orienting the Parties to Clarify Who is the Real Plaintiff

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff …

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Jury Demand: Should You or Shouldn't You

Since this question keeps popping up I figured I would take a shot at it. The theory is that by asking for a jury verdict you are taking the matter out of the hands of a politicized judge and putting it in the hands of what is likely to be a very angry jury pool …

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TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS

THANK YOU FLORIDA DEFENSE TEAM!!! TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file …

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NOTICE OF DEFAULT: REAL OR FAKE?

First I want to thank the readers and the lawyers for climbing aboard this train on a highly improbable journey of turning the tide on Wall Street. Many of you are doing an outstanding job in this homeowner’s war to protect your property and our way of life. I am blessed to have been the …

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