Archive for 'Corruption' Category
One of my constant comment contributors recently informed me and others that she was trying a new tack. She writes “My attorneys are making a demand that any refi money be placed with the Court and that the judge decides who he wants to pay.” This is very close to an Interpleader action which is […]
In homeowner finance, nearly all claims begin with notices from third parties—companies the homeowner has never dealt with before. My advice: challenge these letters, statements, and notices immediately. Doing so creates “tracks in the sand” that can be critical later in litigation. The Core Problem: Declaration of Default Without a Creditor Foreclosure law is clear: […]
(Once again, because of minor medical issues I decline to do the Neil Garfield Show. I offer this instead) It is easy to get lost in the weeds. Don’t make up your own words or definitions because your definitions have no relevance to your case. Do hold the accusing side to their words and to […]
The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first thing you need to know about Foreclosure is that it is only about money. If you have the […]
Almost everyone writing articles about consumer finance, mortgage loans, and servicing is now in agreement that there are viable meritorious defenses for the consumer. True, they are not obvious to the casual observer, which is part of the problem. see NCLC Digital Library – 12 Ways to Fight Foreclosure of Zombie Second Mortgages – 2022-03-28 […]
Robo-Signing: A Symptom of a Broken System Why robo-signing? Because there is no creditor to sign. There is no unpaid loan account on the ledger of any real company. What exists are payment histories, not creditor disbursements. “Servicers” don’t send money to lenders because there are no unpaid accounts. Everyone has already been paid — […]
The problem starts with the Homeowner, who thinks that because he or she applied for a loan, they received it. This assumption is completely unfounded. The law is mostly procedural and logical. It requires building a foundation for a fact to be accepted as true. If there is no foundation, there is no fact. Every […]
Western Progressive LLC is named as Trustee or even Attorney on many forms, notices and recorded documents in foreclosures. So who is this Luxembourg LLC and why do all paths lead back to Ocwen? Why such a company would ever be seen as a qualified party to (a) serve as a trustee on a deed […]
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 […]
If you are not willing to challenge the basic assumptions of the loan or debt, then you probably should not even start any challenge or defense. If you are willing to do that you will probably win or force the “dark side” into a settlement that you find favorable to your interests. You don’t need […]
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