A lot of student loan debt ends up being claimed by “Trusts” that are exactly like REMIC trusts except they are not about residential mortgages. And as I have previously pointed out on these pages, the enforcement of those debts has gone through the same process of removing the risk of loss from those who […]

Tags: business records, false affidavits, false business records, false chains of title, servicers, student loan, TRUSTS
Posted in discovery, evidence, Fabrication of documents, legal standing |

Amongst the lay people who are researching issues regarding who actually can enforce a mortgage, there is confusion arising from specific terms of art used by lawyers in distinguishing between a debt, a note and a mortgage. This article is intended to clarify the subject for lawyers and pro litigants. The devil is in the […]

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

The devil is in the details and it is in the details that actions don’t add up if one party is faking their status.  ======================================= GET FREE HELP: Just click here and submit  the confidential, free, no obligation, private REGISTRATION FORM. The key to victory lies in understanding your own case. Let us help you plan […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, Servicer |

Discovery is a process that can be used in litigation. That means you have to be in court. Discovery is the process of asking for information that don’t already have or information that will corroborate information that you do already have. Almost by definition it is a fishing expedition. But the days in which you […]

Posted in Corruption, discovery, evidence, expert witness, Servicer |

Faced with a notice of foreclosure sale from a company claiming to be the trustee on a deed of trust, homeowners in judicial states are forced to defend using well known facts in the public domain that are not evidence in a court of law. This is particularly evident in scenarios like the Chase WAMU […]

Tags: Chase, FDIC, money, nonjudicial foreclosure, TRUTH, WAMU
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

Reports and affidavits are helpful but not always useful as evidence. It seems that many people think an affidavit from me will be the magic bullet in their case. It could be but only with proper presentation and following the rules of civil procedure and the laws of evidence. This is required reading for people […]

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

Many of you have essentially asked the same question referring to Article 9 §203 UCC as adopted by the laws of your state. There is no known cause of action for breach of that statute although one might be conjured. It is an interesting suggestion. My reference to it is simple: the statute says that […]

Posted in discovery, evidence, expert witness, foreclosure defenses, legal standing, Pleading |

A recent decision from the 1st Circuit of the U.S. Court of Appeals applying FRE 803(6) states the current law — whether you like it or not. Pretending these decisions don’t exist or trying to avoid them is both pointless and highly likely to undermine your credibility in any other narrative or argument. Note that […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, Motions, Servicer |

This decision is extremely important for 2 reasons. 1st, it reaffirms a right under federal law to bring an action for damages for fabrication of evidence. 2nd, and equally important, it establishes that the time to bring such a claim does not start until the conclusion of litigation, whether successful or unsuccessful. see Article on […]

Tags: McDonough v. Smith
Posted in Corruption, discovery, evidence, Fabrication of documents, Pleading, Servicer |

The wording of the decision strongly suggests that whether the claimant is US Bank, Deutsch or BONY Mellon et al, the third party who is actually paying the lawyer must be disclosed — at least if the homeowner asks. Given the nature of the role that the alleged Trustee plays — i.e., none except to […]

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