evidentiary hearing

How to Challenge The Credibility of Documents Offered to Support Foreclosure

Legal presumptions are not meant to be used as a means for achieving an illegal or unjust result. But they do exactly that when apparently facially valid documents are left unchallenged. A successful challenge to the credibility of the source of documents initially filed in foreclosure will end the case in favor of the homeowner. …

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How To Tell The Judge "NO" and MAYBE Not Have Him/Her Get Pissed Off

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

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Getting the RIGHT Report: Rebutting the Presumptions That the Original Note and Transfers Had Any Legal Effect

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

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Information vs. Evidence: Challenge to Affidavit in Support of Summary Judgment

Featured Products and Services by The Garfield Firm For PARALEGALS LAWYERS HOMEOWNERS NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney-Paralegal Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer …

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WISCONSIN APPEALS CT: AURORA IS NOT OWNER OF NOTE — TRIAL COURT REVERSED

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: WISCONSIN COURT GETS IT: HEARSAY, PROOF, HOLDER NOT THE SAME AS CREDITOR, ETC. AFFIDAVIT THROWN OUT FOR LACK OF PERSONAL KNOWLEDGE. In short everything we have been saying here was followed by the Court. Expect more decisions like this coming from other states. In other words, false …

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WEISBAND Case No. 4:09-bk-05175-EWH. BKR Tucson Judge HOLLOWELL Denies MLS for Lack of Standing

GMAC has failed to demonstrate that it is the holder of the Note because, while it was in possession of the Note at the evidentiary hearing, it failed to demonstrate that the Note is properly payable to GMAC Once the securities have been sold, the SPV is not actively involved. IN RE WEISBAND In re: …

WEISBAND Case No. 4:09-bk-05175-EWH. BKR Tucson Judge HOLLOWELL Denies MLS for Lack of Standing Read More »

New Workshop on Motion Practice and Discovery

why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. …

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Taxing Wall Street Down to Size: Litigation Guidelines

The mistake I detect from those who are not faring well in court is the attempt to treat preliminary motions and hearings as opportunities to prove your entire case. Don’t talk about conspiracy and theft, talk about evidence and discovery. every debtor is entitled to know the identity of the creditor, the full accounting for …

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