What every Homeowner Needs to Know Our latest post on getting the home back after foreclosure drew some many questions and emails on the effect of the Statute of Limitations on your post foreclosure rights that we had to follow up here. This is how Fraud affects all of this. One of the most common …
Fraud and the Statute of limitations in Foreclosure Defense Read More »
Most homeowners are never told this: Banks do not have unlimited time to foreclose. Every foreclosure case—judicial or non-judicial—is governed by a statute of limitations. That statute sets a deadline. Miss it, and the right to foreclose can be lost. Yet servicers routinely pretend the clock never started, was magically reset, or doesn’t apply to …
Statute of Limitations in Foreclosure Cases: When the Bank’s Time Runs Out Read More »
When a homeowner gets a Notice of Default, it feels like the ground just dropped out from under them. Servicers design these letters to scare you into silence. They want you confused, passive, and unsure of your rights. But here’s the truth: a Notice of Default is not the end — it’s the beginning of …
Notice of Default: What It Really Means — and What To Do Next Read More »
Why can some homeowners get the cases against them dismissed? Foreclosure cases are treated like it’s automatic by the pretend lender. File papers, get judgment, sell house. That’s the script. But when a homeowner (or their lawyer) forces the plaintiff to prove the case with real evidence, many foreclosures fall apart. This isn’t theory. It’s …
The reality of Judicial bias in the courts Judges display a tremendous amount of court bias against homeowners in foreclosure cases. Especially when they are representing themselves. They often trust banks more than homeowners. That doesn’t mean you can’t win. Strategies to Overcome Judicial Bias in the courts – Stick to facts, not emotion. – …
Are Judges Biased in Foreclosure Cases? How to Protect Yourself Read More »
If your sale date is close, you need two things at the same time: A short-term move that can stop or pause the sale, and A real case strategy that can win, not just delay. Most homeowners only do the first part. They scramble for a “quick fix” and ignore the evidence. That’s how people …
How to Stop a Foreclosure Sale (Even at the Last Minute) Read More »
We are proud to report another win for one of our clients. A homeowner who refused to accept a paper claim from a Wall Street trust that could not prove its rights. This case was filed in the Circuit Court of the State of Oregon for the County of Linn, Case No. 25CV60677. Our client …
Another Quiet Title Victory Against U.S. Bank as Trustee for LSF9 Read More »
False Documents in Foreclosure: How Homeowners Can Spot Evidence That Deserves Investigation Imagine opening a foreclosure complaint and finding a document that simply does not make sense. Perhaps the mortgage assignment was signed years after the transaction supposedly occurred. Perhaps the same individual appears to have signed documents for several different companies. Perhaps a sworn …
False Foreclosure Documents: What Homeowners Should Know Read More »
Questionable Allonge Helps Stop Foreclosure Sale Another foreclosure victory for a homeowner working with LivingLies and one of our network attorneys. This time, the case turned on a document the foreclosing party relied upon to establish its right to enforce the mortgage note. In a recent North Carolina case, our LivingLies legal and research team …
But What Does an Assignment Really Prove? You receive foreclosure papers. The bank says it has the legal right to foreclose on your home. Among the documents is something called an Assignment of Mortgage. It looks official. It has signatures, dates, perhaps a notary seal, and a recording number from the county clerk. The document …
Mortgage Assignment in Foreclosure: What Does It Prove? Read More »
Foreclosure Defense using lack of Legal Standing You received a foreclosure complaint or notice. A bank’s name appears at the top. A mortgage servicer says you are in default. A law firm says your home may be sold. That tells you something very important: Someone is claiming the right to foreclose. But it does not …
A Homeowner’s Evidence Checklist If you have received a foreclosure notice, one of the first things you may do is start gathering paperwork. That is a good idea. But then something happens. You find the original mortgage. You find years of mortgage statements. You find letters from three different servicers. You find an assignment recorded …
What Pro Se Homeowners Need to Know If you are facing foreclosure and cannot afford a lawyer, you are probably asking a frightening question: Can I fight foreclosure without a lawyer? The short answer is that homeowners do represent themselves in foreclosure cases. But that answer can be dangerously misleading unless you understand what representing …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
Possession of the Note Is Not Proof of Ownership Read More »
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 …
TRO in Foreclosure: Emergency Court Orders Can Stop a Sale Read More »
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 …
Quiet Title: How To Challenge Pretend Lender Claims Read More »
