Discovery is part law, part art, and part intuition. The lawyer must generate questions that can be used, by themselves, to bring certain issues in front of the judge either because the opponent answered the questions or because they didn’t answer. If your point is that your opponent doesn’t own the claim even though they […]

Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, securities fraud, Servicer |

The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records  of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of […]

Tags: best evidence, FOUNDATION, hearsay, relevance
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

More kudos to Gary Dubin who keeps producing favorable decisions for homeowners. This ruling is important for a variety of reasons. This time it is all about the rules of evidence and legals tanding to even bring the claim. see US Bank LSF9 v Verhagen 7-20-20 * The first reason is that it presents a […]

Tags: Caliber, Chase, LSF9, servicer
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

Excellent article written by attorneys at Blank Rome on the issue of Business Record exceptions to the hearsay rule. The hearsay rule is simple. It excludes from evidence any statement that is uttered out of court — whether that statement is in writing or was made orally. see https://www.jdsupra.com/legalnews/florida-supreme-court-resolves-conflict-20649/ So here is what it looks like […]

Tags: best evidence, evidence, FOUNDATION, testimony, TRIAL OBJECTIONS, witness
Posted in Corruption, discovery, Fabrication of documents, foreclosure mill, legal standing |

NOTE: BE AWARE THAT WELLS FARGO AND OTHERS MAY HAVE PUT YOUR TRANSACTION IN A FORBEARANCE PROGRAM WITH UNKNOWN TERMS. ======== I think that the banks have unfairly benefited from assumptions regarding the connection between the cessation of payments by homeowners and the existence of a default. * I think that there are elements of a default that we […]

Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud |

The only way that enforceability of the homeowner transaction can be preserved is through common law contract, in which UCC presumptions would probably not apply I recently received a question from a paralegal asking a question I constantly receive — where do I find my loan. Or more specifically how to find out which trust […]

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

I received an email from one of my most prolific contributors that I am republishing here because virtually everything in it is entirely correct. I especially approve of her point about the fact that servicer advances are funded from proceeds of public offerings of stock that were all purchased by the Wall Street banks who […]

Tags: Pennymac, TRUTH
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

Servicers did not make any advances. They never did and they never will. They said they did but they didn’t. If you read the prospectus carefully you will see that the money from investors is divided into three parts. * The first part is the purchase of a certificate that promises payments to the investor […]

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

Since foreclosures are about to start another meteoric rise, this would be a good time to write a new article on what went wrong the last time, what is going on now, and what is still likely to go wrong this time. * I know that some of the rantings on the internet seem like the […]

Tags: reformation
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, securities fraud, Servicer |

Many thanks again to Attorney Gary Dubin for bringing this to my attention. == The current hodgepodge of decisions that I have always maintained were merely vehicles to discourage appeals is taken to task in this well-reasoned decision. In Hawaii the rule is now no bond pending appeal or low bond pending appeal. The Hawaii […]

Tags: appeal, BOND, Dubin, supersedeas
Posted in discovery, Eviction, evidence, Motions |