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Motion IN Limine

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 »

Keystone Fraud by Banks: Business Records Exception to Hearsay Rule

48 Comments / Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

Practice Note: Hearsay is not evidence and should not be used as the basis for any conclusion of facts that would support any conclusion of law. While the banks are extremely vulnerable to having all testimony and documents barred by the hearsay rule, this is ONLY true if the proper objection is made at the …

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Objections and Preserving Your Rights on Appeal: From, Whose Lien Is It Anyway? by Neil F Garfield

22 Comments / foreclosure / By

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …

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MOTION PRACTICE: US Bank Tossed Out for Fabrication of Documents, Failure to Respond to Discovery and Fraud Upon the Court

12 Comments / CDO, Corruption, Eviction, expert witness, foreclosure, foreclosure mill, HERS, Investor, Mortgage, Servicer / By

harpster US BAnk Tossed Out for Failure to Respond to Discovery and Fraud Upon the Court Plaintiff has failed to produce answers to the Interrogatories for a period of 26 months, between the time the Interrogatories and the Request for Production were served on January 8, 2008 and the date of the hearing on the …

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