As a law firm deeply involved in foreclosure defenses, we often meet homeowners who have initially tackled their legal battles without an attorney. For those of you managing your foreclosure defense pro se, grasping the principle of res judicata is essential. This doctrine, meaning “a matter judged” in Latin, prevents issues that have been conclusively …
Here is one example of how not to litigate. Calling the Judge names and pretending to know more about the law than the Judge does is a sure fire way to lose. The Homeowners should have argued that they brought no counterclaims and then argued that they were prevented from litigating properly the issues that …
Plaintiffs discover new findings of Fraud and challenge res judicata in foreclosure case Read More »
Why did the Plaintiff lose in its “standard foreclosure”? The decision on acceleration is essentially this: If the banks do it, it doesn’t count. While Bartram didn’t turn out the way we want, there are two paths that nobody is talking about — logistics and res judicata. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave …
Our services: https://livinglies.me/2016/04/11/what-can-you-do-for-me-an-overview-of-services-offered-by-neil-garfield/ I have not commented on the arguments regarding the statute of limitations here in Florida. It is time I did. The article here points out that the 3rd DCA has bent over backward and essentially broken its own backbone by creating legal fictions to save the banks. What they continue to ignore …
That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area …
Does Yvanova Provide a Back Door to Closed Cases? Read More »
I have noticed on many occasions that the bankruptcy court judges are adding to the orders some language of finding that the movant is the owner of the loan. The court lacks jurisdiction to consider those issues and that is the reason why the act of lifting the stay is a ministerial act based upon …
Miuse of Lift Stay Order Causes Chaos in State and Federal Courts Read More »
