The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort […]

Tags: ATTORNEY FEES, damages, disgorgement, interpleader, sending documents to servicer, tender of payment, wrongful foreclosure
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading |

I’m not sure why there are people who are calling my approach theoretical. My focus is strictly practical — using the rules of civil procedure to expose the truth of the matter asserted. Specifically, the end result should be and most often is that the opposition either dismisses the claim, or the court bars them […]

Posted in discovery |

The trap door is thinking that investors were hurt by borrowers failing to make payments when in fact they were injured by brokerage companies not paying them regardless of how much money was being received and created. This trap door inevitably leads one into thinking that the money proceeds from a forced sale of property […]

Posted in Corruption, discovery, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

Charles Koppa in San Diego was the first person  to point out to me that the activities after even a nonjudicial sale told the real story about the what was going on. That was back in 2008. Lately I have been getting questions relating to post-sale or post judgment activities. There is a doctrine that […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses |

 “failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.” the Notice of Default stated that “[t]o avoid the possibility of acceleration,” Defendants were required to make certain payments […]

Tags: acceleration, declaration of default, decleration, statute of limitations
Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

Making a mistake is not appealable unto itself. You must show that the error caused an improper decision. And by “improper” I mean that there is no way under existing law that the decision was based upon the law or, if you wish to pursue a still higher standard of review, that the law as applied […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

The bottom line is that foreclosures are all about collecting on unpaid debt. The only party who can initiate foreclosure proceedings that will force the sale of title to the home and then forcibly dispossess the homeowner is a party who owns the debt, is injured by nonpayment and who receives the proceeds of foreclosure […]

Tags: UCC 9-102, UCC 9-203, UCC 9-308
Posted in discovery, Eviction, evidence, foreclosure defenses, legal standing, Pleading |

see https://www.floridabar.org/the-florida-bar-journal/danger-will-robinson-the-new-frontier-of-remote-online-notarization-and-electronic-wills/ I knew this was planned. But frankly I didn’t pay close attention. When the initial plans for electronic signatures were announced 10 years ago, we collectively convinced President Obama that the law as written made it too easy to fabricate documents and then have them be declared facially valid — thus raising legal […]

Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Servicer |

Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world. The answer is […]

Tags: money, note, restitution, title, transfer, TRUTH, unpaid debt
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading |

Since we know that most documents presented in foreclosure are inconsistent with other “securitization” documents it is only natural to suspect, assume and then corroborate that there are inconsistent sets of accounting records that are maintained to report different outcomes to the courts, the borrowers, the investors and the holders of contracts between the investment […]

Posted in Corruption, discovery, foreclosure defenses, legal standing, Pleading, Servicer |