The general practice of the servicers and trustees is to disclose a list of as many as 35 possible witnesses so that the Defendant homeowner cannot possibly perform due diligence investigation, deposition etc. The Judges got wise to this and agreed that disclosing 35 witnesses, 34 of whom you do not intend to call, is […]

Posted in Corruption, discovery, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

For the last few weeks I have been harping on the concepts of holder in due course, holder with rights of enforcement, and holder. They are all different. The challenge in court is to get them treated as different in Court as they are in the statutes. The Banks knew through their attorneys that the […]

Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

 Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources […]

Tags: Assignment and ASsumption Agreement, borrowers, credit default swaps, holders of certificates, homeowners, insurance, investors, Pooling and Servicing Agreement, predatory loan, Prospectus, Servicer advances, table funded loans, Truth in Lending Act
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that […]

Tags: accleration notice, amount due, end of month statement, evidence, HDC, HOLDER, holder in due course, Notice of Default, offset, PSA, reinstatement notice, relevance of PSA
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN […]

Tags: 9TH CIRCUIT COURT OF APPEALS, Bosco, damages to homeowner, findsen, Hager, MERS, quiet title, slander of title, splitting note and mortgage, Stauffer, wrongful foreclosure
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

After years of writing about the AMGAR program, people are finally asking about this program. So here is a summary of the program. As usual I caution you against using my articles as the final word on any subject. Before you make any decisions about your loans, whether you are in foreclosure, collection or otherwise […]

Tags: AMGAR, debt, foreclosure, homeowners, investors, Mortgage, note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Martha Coakley gets it. Read her letter. Being a politician she does not say that the abstract fear of strategic defaults on all loans across the board is absurd. Well, actually she does say it. Principal reductions and ending patently illegal policies preventing homeowners from buying back their own property at auction are at the […]

Tags: AMGAR, discovery, Fannie Mae Master trustee, Freddie Mac, hardest hit fund programs, LITIGATION, modification, short-sale
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure […]

Tags: assignment, best evidence, evidence, FOUNDATION, hearsay, Mortgage, note as evidence of the debt, OBJECTIONS
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

I have spent the last 7 years developing the narrative for an expert opinion that could be presented, believed and sustained in court. In writing to a probable new expert we will offer through the livinglies.store.com I summarized what attorneys should be looking for when they consult with an expert in structured finance (i.e., derivatives, […]

Tags: borrower, disclosure, expert, EXPERT DECLARATIONS, EXPERT EVIDENCE, expert opinion, expert witness, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, Mortgage, mortgage note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

Regulators have confirmed that there were widespread errors by banks but that the errors didn’t really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn’t have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance […]

Tags: appraisal fraud, bailout, borrower, disclosure, foreclosure defense, foreclosure fraud, foreclosure offense, LOAN MODIFICATION, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Pleading, Servicer |