There are winners and losers in every courtroom. When dealing with TILA Rescission under 15 USC §1635 you must go the extra mile in not merely showing the court why you should win, but also revealing that the opposition is not actually losing anything. The same logic applies to every foreclosure where securitization is either […]

Posted in discovery, evidence, expert witness, legal standing, Motions |

Want to know why this site is called LivingLies? Read on Homeowners often challenged the authority of the named claimant while skipping over the actual party who is supporting the claim — the alleged servicer. You might also want to challenge or at least question their authority to be a servicer. The fact that someone appointed them to […]

Tags: audit, boarding, business records exception, payment history, servicers, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, Motions, Servicer |

Litigators often miss the point that the foreclosure is brought on behalf of certificate holders who have no right, title or interest in the debt, note or mortgage — and there is no assertion, allegation or exhibit that says otherwise. ======================================= GET FREE HELP: Just click here and submit  the confidential, free, no obligation, private REGISTRATION […]

Tags: Bank of New York Mellon, certificate holder, CERTIFICATES, HOLDER, Power of Attorney, subject matter jurisdiction, trust
Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

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 |