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judicial economy

JUDICIAL NOTICE IS BEING USED AS A SUBSTITUTE FOR PROOF OF FACTS THAT ARE CONTESTED

2 Comments / burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, discovery, evidence, Fabrication of documents, foreclosure, Motions / By

The entire playbook of the banks and servicers consists of one underlying theme: to obtain foreclosures based upon presumptions that are contrary to the facts. GO TO LENDINGLIES to order forms and services Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make …

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non-judicial sale is NOT an available election for a securitized loan

7 Comments / CASES, Corruption, Eviction, expert witness, Fannie MAe, foreclosure, foreclosure mill, Forensic Analysis Workshop, GTC | Honor, HERS, investment banking, Investor, Modification, Mortgage, Motion Practice and Discovery, securities fraud, Securitization Survey, Servicer, Statutes, trustee, workshop / By

NON-JUDICIAL STATES: THE DIFFERENCE BETWEEN FORECLOSURE AND SALE: FORECLOSURE is a judicial process herein the “lender” files a lawsuit seeking to (a) enforce the note and get a judgment in the amount owed to them (b) asking the court to order the sale of the property to satisfy the Judgment. If the sale price is …

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The Importance of Discovery and Motion Practice

24 Comments / CASES, CDO, Corruption, Eviction, expert witness, foreclosure, foreclosure mill, Forensic Analysis Workshop, GTC | Honor, HERS, interest rates, investment banking, Investor, Modification, Mortgage, Motion Practice and Discovery, securities fraud, Securitization Survey, Servicer, Statutes, trustee, workshop / By

Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity …

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Rally in Tally: Homeowner Relief and Housing Recovery Act is a Sham and Shame

17 Comments / bubble, CDO, Corruption, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Editor’s Note: Due process requires that nobody be deprived of life, liberty or property without a judicial determination on the merits of claims against them. Non-judicial procedure runs a thin line that has not actually been tested constitutionally. Assuming it is valid by virtue of the “freedom of contract” doctrine, it still cannot be used …

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