Archive for 'discovery' Category
Not only did this court get it wrong, it apparently knew it was getting it wrong and so ordered that the case could not be used as precedent. Steve Mnuchin, now Secretary of our Treasury, was hand picked by the major banks to lead a brand new Federal Savings Bank, called OneWest, which was literally […]
The practice of paying a fee to a “service provider” to conceal the real nature of a transaction and the real parties in interest has been at the center of all Wall Street schemes that are at variance from conventional loan products. Virtually all parties who appear in the chain of title or possession in […]
If you stick to an objective statement of facts without presumptions, anyone can report and testify with credibility if they have backup. Once you cross the line into opinions the report is undermined as to bias, credibility and lack of foundation. Even if it is admitted into evidence the report will be given zero weight […]
Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow. And that is the point here. They came to court without evidence and in this case the court turned them away. […]
Thousands of cases like this one have pointed out that SPS and other servicers like Ocwen do not consult with any investor, do not evaluate the case for settlement, modification or mitigation. The answer to questions arising from the unwillingness of those companies to comply with law stems from the fact that the vast majority […]
Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales. The explanations of securitization contained on the websites of […]
How Black Knight LPS and LoanSphere Control Mortgage Data—and Why Errors Matter Black Knight LPS and its LoanSphere platform sit quietly behind the scenes of millions of mortgage accounts, yet few homeowners understand how much control these systems have over loan boarding, invoicing, and servicing decisions. When a loan is transferred, modified, or pushed toward […]
It’s only when you do the work — burrowing into all the data that the truth emerges. From many prior cases it has been obvious that the “boarding process” was a ruse. It was cover for the real parties who were manipulating data to suit their own needs contrary to their duties to the alleged […]
The entire playbook of the banks and servicers consists of one underlying theme: to obtain foreclosures based upon presumptions that are contrary to the facts. GO TO LENDINGLIES to order forms and services Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make […]
This decision, although not yet for publication, brings us another step closer to exposure to the largest economic crime in human history. Every lawyer should read it more than once in its entirety. It contains the arguments and the narrative for most successful defense strategies against fraudulent foreclosures. Fundamental to understanding why foreclosures are fraudulent […]
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