Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff …
How Foreclosure Mills Win by Misusing "Judicial Notice" Read More »
One place where securitization players and foreclosure players don’t lie is in reports that are formally filed with the SEC. So in my research, I found a document in which Ocwen describes itself and which is subject to judicial notice because it is a government document downloaded from the Sec.gov website. The filing of 8k …
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays One of the things that irritates most homeowners and lawyers for foreclosure defense is how “evidence” is admitted that “proves” a fact that doesn’t exist. One of the tools for doing that …
Tonight! Steamrolling Using Judicial Notice 6PM EST Read More »
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 …
JUDICIAL NOTICE IS BEING USED AS A SUBSTITUTE FOR PROOF OF FACTS THAT ARE CONTESTED Read More »
American jurisprudence is clearly still struggling with the fact that in most cases the forecloser either does not exist or does not have any interest in the loans they seek to enforce. In virtually all instances PennyMac is acting in the role of a sham conduit while allowing its name to be used as the …
The banks file incomplete, unsigned and often fabricated documents on websites where they can get away with it. www.sec.gov is one of those places. I suggest aggressive objection to taking judicial notice of any document on sec.gov because it was not generated by the agency. The fact that someone filed it doesn’t mean that the …
Editor’s Comment: Following up with the offensive strategy and the concept of attacking every weak point in the pretender lender’s strategies, Fagan went after Wells Fargo on the seemingly innocuous motion for the Judge to take Judicial notice of several documents. Besides the obvious fact that Judicial notice is narrowly construed to allow the FACT …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE see BOA Request for Judicial Notice Pro Se litigants and attorneys who have not dealt with evidentiary issues surrounding judicial notice get caught by this tactic all too often. Judicial Notice can ONLY be used to establish that something is in the public …
BOA's Tactic of Attempting to Use Judicial Notice in Lieu of Evidence Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Herrera v Deutsch 5-31-11 Cal 3rd District SEE HERRERA DECISION GOES PUBLIC MAKING IT BINDING ON OTHER COURTS The Substitution of Trustee recites that the Bank “is the present beneficiary under” the 2003 deed of trust. As in Poseidon, this fact is hearsay …
