Archive for 'evidence' Category
How to Obtain the Records Banks and Servicers Avoid Producing in Discovery If you are facing foreclosure the Discovery process in Foreclosure cases is key. One of the biggest myths in foreclosure litigation is that the outcome depends entirely on the documents attached to the foreclosure complaint. It doesn’t. Learn how to get the records […]
How to prove it by building an evidence based defense One of the first questions many homeowners should ask after receiving a foreclosure complaint is surprisingly simple: “Is the company suing me actually the company that owns my loan?” It is an important question. That’s why making them prove they are the real creditor is […]
Discovering the Real Creditor Before You Lose Your Home Here’s how loan level data in foreclosure defense can stop a sale; read on. For years, foreclosure litigation has focused on documents that appear in the public record. The promissory note. The mortgage or deed of trust. Recorded assignments. Affidavits signed by loan servicers. Declarations stating […]
A Homeowner’s Guide to Immediate Court Relief Few events create more fear than receiving notice that your home will soon be sold at foreclosure. For many homeowners, the first reaction is panic. Phone calls are made. Modification applications are rushed to the servicer. Internet searches begin late into the night looking for one simple answer: […]
By Lance Denha esq. and Donna Steenkamp For more than twenty years, we have been saying possession of the note is not proof of ownership. This is something that many courts are only beginning to recognize. The foreclosure industry has successfully convinced courts to ask the wrong question. Instead of asking: “Who actually owns the […]
One of the most common statements heard in foreclosure courtrooms across America is: “We have possession of the note.” For many judges, lawyers, and homeowners, that statement ends the discussion. The assumption is simple: If the foreclosing party has possession of the original note, it automatically has the right to foreclose. But that assumption is […]
If there is one issue that can change the direction of a foreclosure case, it is standing. It is a defense we help homeowners use the most and it works. Here at LivingLies we talk about it a lot but realize not everyone understands what are Legal Standing foreclosure defenses. Most homeowners never hear the […]
Non-judicial foreclosure fight is one of the most misunderstood processes in the country. Many homeowners believe that because there is no lawsuit at the beginning, there is no non-judicial foreclosure fight. That belief costs people their homes. Non-judicial foreclosure does not mean the foreclosure is automatically valid. It simply means the process moves forward without […]
Most foreclosure cases appear overwhelming because they come wrapped in business records. Payment histories. Affidavits. Default letters. Computer printouts. Servicing notes. And all of it is usually presented to the homeowner—and often to the court—as if it automatically proves the case. But here is the problem: Most foreclosure cases are built on what are called […]
Most foreclosure cases are won or lost on one simple question: who owns the debt? Not who claims to own it. Not who services it. Not who has a paper assignment. Not who holds up a copy of a note in court. The real question is this: Did anyone actually pay value for the underlying […]
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