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 »
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 …
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 »
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 …
Neil Garfield and I have been fighting illegal foreclosures for over 20 years. Here at Livinglies.me sometimes we win big and get the house back after foreclosure and eviction. Wins can come in all forms for us in the Foreclosure Litigation support arena. Here is our latest win in the making in the state of …
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? …
How to Reopen Discovery on a Dead Case: A Strategic Approach to Wrongful Foreclosure In the early days of the foreclosure crisis, as far back as 2008, lawyers representing homeowners were scoring victories against the banks, particularly for violations of the Real Estate Settlement Procedures Act (RESPA) and the Fair Debt Collection Practices Act (FDCPA). …
Our head of Research, Donna Steenkamp, was instrumental in doing the kind of research and documentation of evidence that reversed a bad lower court ruling
EMERGENCY HEARING REQUEST Case #2013-CA-012542-O This order based upon an emergency motion prepared by Richard Kalinoski esq. with assistance from Anthony Varrone J.D., highlights the creative and unique benefits of our Foreclosure Litigation experience. The sale of clients home was scheduled to be foreclosed upon in Florida on June 4th of this year. In the …
Another win for Livinglies.me team combines Probate and Foreclosures issues to stop Sale Read More »
Why do pro se litigants in foreclosure defense cases lose so often? My mentor Neil Garfield, and now me, spend a lot of time working on the livinglies blog to present evidence-based strategies and methods to homeowners to help them save their homes from illegal foreclosures. Often these same homeowners are trying to save their …
Please Welcome new team members to Living lies Our fight against illegal foreclosures continues… as a practicing attorney, Richard has reviewed over (400,000) foreclosure cases for clients and provided detailed forensic analysis based on the foreclosure suit filed against the homeowner by the bank and servicer of the loan. His combined experience in foreclosure defense …
Leveraging Discovery in Judicial and Non-Judicial States Through State Specific Statutes In the labyrinth of foreclosure litigation, the timing and strategy employed during critical stages can significantly impact the outcome. Our experience has revealed a paramount step often overlooked by real estate homeowners, proving prejudicial in many cases. This negligence often allows foreclosure proceedings to …
People keep getting letters and they tend to treat the information as real simply because it is in writing. That is the nub of the Wall Street scheme — send out written communication and documents without regard to the truth and people will assume that the document or letter would not have been sent if …
About that letter you receive from the company claimed to be your servicer: PennyMac Read More »
The real question is when government agencies and regulators PLUS law enforcement get the real message: Wells Fargo’s behavior in the account scandal is the tip of the iceberg and important corroboration of what most of the country has been saying for years — their business model is based upon fraud. Wells Fargo has devolved …
The crux of this fight is that if the foreclosing parties are forced to identify the creditors they will only have two options, in my opinion: (a) commit perjury or (b) admit that they have no knowledge or access to the identity of the creditor Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or …
In short, the proffer of a document signed not by the grantor or assignor but by a person with limited authority and no knowledge, on behalf of a company claiming to be attorney in fact is an empty self-serving document that provides escape hatches in the event a court actually looks at the document. It …
Self Serving Fabrications: Watch for "Attorney in Fact" Read More »
Pennymac tried to outwit the court system, succeeding at the trial level and then failing on appeal. The simple fact is that it is a rare instance where a party can lose a lawsuit based upon a forged instrument. The court will (and should) always find a way to deny such relief. see sanabria-v-pennymac-mortgage-investment-trust-holdings-i-llc Simple …
The problem with all this is that the REMIC Trust never received the proceeds of sale of the MBS and therefore could not have paid for or purchased any loans. It had no assets. And THAT is why the Trust never shows up as a Holder in Due Course (HDC). HDC is a very strong …
ABSENCE OF CREDITOR: Breaking Down the Language Of The "Trust" Read More »
Everyone is reporting balance sheets with assets that derive their value on one single false premise: that the trusts that issued the original mortgage bonds owned the loans. They didn’t. SUPPORT LIVINGLIES! Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. ======================== This article is not a substitute for an opinion and …
Why The Investors Are Not Screaming "Securities Fraud!" Read More »
Based on the totality of the circumstances, the Court concludes that CashCall, not Western Sky, was the true lender. CashCall, and not Western Sky, placed its money at risk. It is undisputed that CashCall deposited enough money into a reserve account to fund two days of loans, calculated on the previous month’s daily average and …
The FCCPA is one of those statutes that are often missed opportunities to hold the banks and servicers accountable for illegal conduct. It is like “Mail Fraud” which only applies to US Postal Services (the reason why servicers prefer to communicate through Fedex or other private mail carriers. REMEMBER THE ONE YEAR STATUTE OF LIMITATIONS. …
This lawsuit reveals a reason for Chase slipping in a new servicer into the chain. Having already discharged or released a loan, the “accounts” were nonetheless transferred or sold in derogation of the rights of investors who had already purchased them from Chase. Chase decreased its liabilities, increased its revenues, avoided its obligations, and provided …
CHASE FALSE CLAIMS COMPLAINT REVEALED IN INVESTOR LAWSUIT Read More »
The court held there was no Plaintiff filing the foreclosure lawsuit. This is extremely important and highly relevant to what is going on now. So many cases name a Plaintiff that either does not exist or whose name has merely been rented for the purpose of filing foreclosure. Like US Bank as Trustee for series …
Revisiting the Nash Case v "America's Wholesale Lender." Read More »
What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the trust reduces the “trust” to a pile of ashes. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU …
