Author Archive
In the complex landscape of foreclosure defense, the role of a skilled attorneys is paramount. So many of you told us of your struggles in finding an expert in this are I thought it important to share the importance of why Foreclosure Defense is such a specialty. These legal professionals bring a wealth of knowledge […]
Last month I posted about our successful strategic foreclosure defense model. This model was developed by my mentor Neil Garfield over decades and has been utilized by pro se homeowners and the attorney’s we help with Litigation support services across the country. It has resulted in our being able to save thousands of homes in […]
Let’s stop pretending the foreclosure process is clean, fair, or based on real evidence. It isn’t. What most homeowners are facing is not a legitimate creditor enforcing a real debt. What they are facing is a servicer — a company with no ownership of the loan — using paperwork, assumptions, and legal shortcuts to create […]
Leveraging Discovery in Judicial and Non-Judicial States Through State Specific Statutes In the labyrinth of foreclosure litigation, the timing and strategy employed during critical stages can significantly impact the outcome. Our experience has revealed a paramount step often overlooked by real estate homeowners, proving prejudicial in many cases. This negligence often allows foreclosure proceedings to […]
In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently. In many if not almost all cases, the party seeking to exercise […]
PennyMac and others are pretending to be “servicers” but they’re not, even though they do some servicing work. They’re using Black Knight’s systems to do it. Think of Black Knight as a big boss that controls a lot of the so-called “servicing records,” about 62% of them in the US. Because of this, companies can […]
A Guide for Homeowners and Their Attorneys in Foreclosure Defense Did You Take a Loan? We’ve all been there, sitting in a courtroom, listening as the judge fires off a familiar question: “Did you take a loan?” Whether you’re defending yourself or you’ve got a lawyer by your side, this moment can be nerve-wracking. But […]
Alright, so you’ve found yourself facing an “unlawful detainer” order, which is often the next step after a foreclosure on a home. We are helping many clients in non-judicial states with this issue but it can also be a tactic to get you out of your home in states with a Judicial foreclosure process. This […]
One of the most important things I learned from Neil Garfield in the time he was mentoring me and preparing me to take over his practice is this: When you’re trying to figure out who has the rights to your home loan, don’t get caught up asking about who has the paper note. Instead, focus […]
The core of defending against foreclosure is getting the right information during court proceedings. The goal here is to ask questions that neither the bank’s lawyer nor the bank itself can answer. Specifically, you want to question the real existence of the debt, who really owns it, and who has the right to collect or […]
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