Archive for 'discovery' Category
In the battle between the foreclosure attorney for the Homeowners vs the servicer many believe the courtroom is neutral. It isn’t. The foreclosure attorney for homeowners vs servicer law firms are not playing on an even field. In foreclosure litigation, there are two very different worlds colliding: This imbalance is one of the biggest hidden […]
When a homeowner gets a Notice of Default, it feels like the ground just dropped out from under them. Servicers design these letters to scare you into silence. They want you confused, passive, and unsure of your rights. But here’s the truth: a Notice of Default is not the end — it’s the beginning of […]
Understanding the Role of Notarized Documents in Foreclosure Defense When it comes to foreclosure defense, one critical area of focus is the validity of notarized documents. Homeowners facing foreclosure often encounter documents that appear official and binding simply because they bear a notary’s seal. However, not all notarized documents are created equal. In fact, many […]
Understanding the Crucial Role of Discovery in Foreclosure Lawsuits Discovery in Foreclosure Litigation: In the realm of litigation, particularly in complex cases such as foreclosure, the process of discovery plays a pivotal role. Neil Garfield would always emphasize that the success or failure of a case often hinges on the effective execution of discovery and […]
As Neil Garfield explained to me and many of his clients and readers, the only thing most judges are interested in is where did the money go, who paid, who received and whether it was paid, and if in part, to what extent. One must be very careful to distinguish this from the “show me […]
Ultimately, the claim made against the homeowner must make common sense. But getting there requires litigation skills. But it is true that ANY lawyer that simply follows standard defense strategies can win these cases for homeowners. The key is always lack of foundation in business records and hearsay objections. But the standard error being made […]
From LoanDepot quarterly report, 2022: The Company derives income primarily from gains on the origination and sale of loans to investors, income from loan servicing, and fees charged for settlement services related to the origination and sale of loans. Not one word about revenues or profits arising from the receipt of principal and interest from […]
Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff […]
The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and […]
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