The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of …
How to Fight Those "Declarations" from False Claimants in Foreclosures Read More »
Information is not the same as Evidence. It’s only evidence if the Judge (1) rules it is evidence and (2) admits it into evidence into the court record. Once admitted, the Judge is free to consider the information with as much or as little weight as it chooses. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, …
Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant: The party claiming to be a trustee …
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 …
Keystone Fraud by Banks: Business Records Exception to Hearsay Rule Read More »
CHECK OUT OUR EXTENDED DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, Tennessee, Georgia, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than …
