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"Payment History" is not the loan receivable account

2 Comments / BURDEN OF PROOF, Corruption, evidence, Fabrication of documents, foreclosure mill, investment banking, jurisdiction, legal standing, prima facie case, Servicer, sham transactions / By

The payment history is not the loan receivable account by definition and it is never presented as such. Failure to recognize this obscure fact often results in failure. But those who do understand it, raise their chances of a successful defense from unlikely to very likely. A lawyer (Scott Stafne) shared with me a case …

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Modifications Are Part of the Big Lie: Don't send that application for modification if you don't want to waive important rights.

5 Comments / foreclosure, Modification, Mortgage, sham transactions, standing / By

The application for modification licenses New Rez aka PHH aka Ocwen to sell, distribute the personal data and transaction data to third parties. Besides the obvious problems with data privacy, this confirms the apparent voluntary participation of the homeowner in a securities scheme that was and still is concealed from the homeowner. By filing the …

Modifications Are Part of the Big Lie: Don't send that application for modification if you don't want to waive important rights. Read More »

Lack of Research and Knowledge About Court Procedure and Rules of Evidence Will Bury You

1 Comment / burden of persuasion, burden of pleading, BURDEN OF PROOF, discovery, Discovery -Subpoena, Fabrication of documents, foreclosure defenses, Motion Practice and Discovery, Pleading, TRIAL OBJECTIONS / By

There are many well intentioned people and lawyers who go into court to contest foreclosure cases with the expectation that the foreclosure mill must prove ownership and status of the loan. In plain language they don’t need to prove that because of a legal fiction called a “legal presumption.” That is a shorthand way of …

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Boilerplate Answers to Discovery Won't Cut It. If Plaintiff does it, they lose the claim. If Defendant does it, they lose the defense.

12 Comments / burden of persuasion, burden of pleading, discovery, Discovery -Subpoena, evidence, foreclosure defenses, jurisdiction, legal standing, Motions, Pleading, Presumptions, prima facie case / By

see https://www.natlawreview.com/article/district-court-requires-plaintiff-to-disclose-evidence-about-noneconomic-loss I have been writing, lecturing, and just saying the same thing since 2006. Homeowners don’t need to prove anything. The objective in Foreclosure Defense is to prevent the claimant from pursuing their claim. If you are not willing to do all the necessary   work and to make certain you have it right, then …

Boilerplate Answers to Discovery Won't Cut It. If Plaintiff does it, they lose the claim. If Defendant does it, they lose the defense. Read More »

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