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 …
Why Possession of the Note May Not Be Enough to Foreclose Read More »
Read this 12 step Foreclosure Defense guide carefully because most homeowners lose before they ever walk into court. Not because the bank proved its case. Not because the servicer proved ownership of the debt. Not because a judge carefully reviewed every transaction involving the loan. They lose because they assume the foreclosure paperwork must be …
12-Step Foreclosure Defense Program: A Complete Homeowner Guide Read More »
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 …
What Is Standing in Foreclosure? The Defense That Works Read More »
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 …
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 …
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 …
Servicer Dirty Tricks in Foreclosure: Learn the Defense Read More »
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 …
How to Read a Foreclosure Complaint Like a Defense Lawyer Read More »
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 …
The Money Trail in Foreclosure Defense: Why Chain of Title is Not Enough Read More »
In most foreclosure cases, the name on the lawsuit is not the party doing the work. It’s the servicer. But do they really have the authority to foreclose? We’ll explain. The servicer sends the notices. The servicer files the affidavits. The servicer’s employees testify in court. The servicer’s lawyers push the case forward. Servicers like …
Servicer Authority in Foreclosure: a Weak Link Banks Hope You Miss Read More »
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 …
Foreclosure Defense in New York: Timing, Standing, and Strategy That Works Read More »
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 …
Foreclosure Dismissed in New York: Statute of Limitations Defense Wins Again Read More »
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 …
There is one issue in foreclosure cases that many homeowners overlook—and it can change everything. That issue is timing and something called the Statute of Limitations in Foreclosure Defense. Banks and servicers act like they can come after you forever. Like there is no deadline. Like once you fall behind, they can enforce the debt …
Statute of Limitations Foreclosure Defense: What You Must Know Read More »
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 …
Loan-Level Data in Foreclosure Defense: The Evidence Banks Don’t Want You to See Read More »
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 …
Did you know we have a radio show/podcast? We do. And in this powerful episode of the Neil Garfield Show, we dive into how we win foreclosure cases: using legal discovery to expose the truth and challenge the bank’s story. Most people don’t know this, but nearly every foreclosure today is built on shaky ground. …
How to Use Legal Discovery to Win Foreclosure Cases Read More »
DISCOVERY: THE MOST POWERFUL TOOL YOU’RE NOT USING IN FORECLOSURE In our experience, one thing remains true across nearly every foreclosure case we see: discovery is your best shot at exposing the truth and forcing the banks to show their cards. But here’s the real tragedy—most homeowners never use it. They sit back, trusting the system or a …
https://livinglies.me/wp-content/uploads/2025/03/IMG_0579.mov A Homeowners Guide Facing foreclosure can be overwhelming, but homeowners should know that they have options. Even after the process begins, there are legal, financial, and negotiation strategies that can help stop foreclosure and save your home. This guide will break down everything you need to know about stopping foreclosure once it starts. Many …
https://livinglies.me/wp-content/uploads/2025/03/IMG_0579.mov When Is It Too Late to Stop Foreclosure? Know Your Options For most homeowners, it is not too late to stop foreclosure before the foreclosure sale takes place. Even after a sale, some states provide limited opportunities to redeem the property or challenge the sale. The options available depend on your state’s laws, the …
When Is It Too Late to Stop Foreclosure? Know Your Options Read More »
https://livinglies.me/wp-content/uploads/2025/03/IMG_0579.mov Understanding Chapter 13 Bankruptcy and Foreclosure While our primary focus here at Livinglies.me is not bankruptcy, it is an important option to homeowners seeking to save their home from foreclosure. Sometimes, when homeowners come to us late in the foreclosure process, an emergency Bankruptcy is the only option. Don’t wait until it’s too late …
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 …
When a homeowner faces an unlawful detainer (eviction) judgment in California, the immediate concern is often: “How can I delay the sheriff’s lockout and gain more time?” The California Code of Civil Procedure (CCP) §918 provides a potential lifeline for individuals who are dealing with extreme financial or personal hardships. However, like most legal tools, …
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? …
When it comes to foreclosure cases, many courts automatically treat the plaintiff—the party bringing the foreclosure—as a “holder in due course,” even though no one specifically asks them to do that. But this isn’t always the correct legal standard. Especially when you know the law and Uniform Commercial Code 3-302 One of our favorite areas …
