Archive for 'discovery' Category
since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. […]
when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated “servicer” are not business records that are not exempt from the hearsay rule, the poop will hit the fan. I received multiple emails from lawyers and homeowners who were confused when […]
One of my constant comment contributors recently informed me and others that she was trying a new tack. She writes “My attorneys are making a demand that any refi money be placed with the Court and that the judge decides who he wants to pay.” This is very close to an Interpleader action which is […]
In homeowner finance, nearly all claims begin with notices from third parties—companies the homeowner has never dealt with before. My advice: challenge these letters, statements, and notices immediately. Doing so creates “tracks in the sand” that can be critical later in litigation. The Core Problem: Declaration of Default Without a Creditor Foreclosure law is clear: […]
(Once again, because of minor medical issues I decline to do the Neil Garfield Show. I offer this instead) It is easy to get lost in the weeds. Don’t make up your own words or definitions because your definitions have no relevance to your case. Do hold the accusing side to their words and to […]
The problem starts with the Homeowner, who thinks that because he or she applied for a loan, they received it. This assumption is completely unfounded. The law is mostly procedural and logical. It requires building a foundation for a fact to be accepted as true. If there is no foundation, there is no fact. Every […]
If you are not willing to challenge the basic assumptions of the loan or debt, then you probably should not even start any challenge or defense. If you are willing to do that you will probably win or force the “dark side” into a settlement that you find favorable to your interests. You don’t need […]
There is no sale of the obligation, note or mortgage and so there is no securitization of debt. By splitting the attributes of behavior from the provisions of the executed documents and changing the description of the behavior, an investment bank could, in essence, sell the apparent debt an unlimited number of times without ever recording the sale of the […]
Most people cannot conceive of why they should have been paid more at the purported “Closing” of their transaction than what they received or what they think was paid on their behalf. * But the bottom line is that in most cases, whether the transaction involved a resale of the home or “refinancing,” only a […]
The Fiction of “Prior Lender” Payments In nearly all cases, the money supposedly paid to a “prior lender” during refinancing—or even purchase money mortgages—is entirely or mostly fictional. This is true so long as the same underlying investment bank is behind both the buyer and seller, or both the new lender and the old lender. […]
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