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 […]

Posted in Corruption, discovery, evidence, Fabrication of documents, Servicer |

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 […]

Tags: discovery, DVL, QWR
Posted in Corruption, discovery, foreclosure defenses, Pleading, Servicer |

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 […]

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

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 […]

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

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. […]

Tags: refromation of mortgage transactions
Posted in discovery, expert witness, Modification, securities fraud |

The Core Problem: Servicers Who Don’t Service Here’s the truth that banks and their lawyers won’t answer: there is no real loan account receivable. That’s why they avoid tough questions like this Qualified Written Request (QWR), which cuts to the heart of the issue: Who is actually handling the money? A homeowner recently demanded answers […]

Tags: exela, QWR, Regulus group, Transcentra
Posted in Corruption, discovery, Servicer |

So talk about splitting hairs — here is a statement from a company that is claimed by third parties to be the servicer of a “loan.” Note that the parties making the claim do NOT swear that PennyMac is servicing claims to administer, collect and enforce for them, but rather for some unknown creditor or […]

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

All homeowners who think they have a mortgage loan have received one payment at a “closing” — or a payment allegedly made on their behalf. For reasons explained elsewhere on this blog, such payments on their behalf are mostly fictional where the underlying investment bank is the same “director” of funds. * The significance is […]

Tags: collateral lawsuit, counterclaim
Posted in discovery, Fabrication of documents, foreclosure mill, legal standing, securities fraud |

Disclaimer: This article is for educational purposes only and not legal advice. Always consult with a licensed attorney regarding your specific situation. Why Does “Wilmington” Keep Showing Up in Foreclosures? The name “Wilmington” appears with increasing frequency in foreclosure cases across the country. On the surface, it gives the impression of legitimacy — suggesting a […]

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

The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled “Spoliation of Evidence and Non-party witnesses.” The author is Gary M Glassman, who is the attorney for Daytona Beach. The major points of the article that I think are relevant to Foreclosure Defense litigation are that (A) spoliation […]

Posted in discovery, Eviction, evidence, foreclosure defenses, foreclosure mill, Pleading |