Archive for 'evidence' Category
Can Foreclosure Still Be Stopped? Homeowners facing foreclosure in places like Eustis, Lady Lake, Groveland, Paisley, Mascotte, and Tavares often search for answers only after the process has already started. Many believe that once foreclosure begins, nothing can be done. That’s not true. Foreclosure can often be delayed, challenged, or stopped when homeowners understand the […]
Why Ownership of the Loan Matters If the plaintiff doesn’t own your debt, they can’t foreclose. How Loan Ownership Gets Lost Loans are sold multiple times. Paperwork often doesn’t match reality. FOCUS ON THE CHAIN OF ASSIGNMENTS “FILED AND RECORDED” IN THE PUBLIC RECORDS REVIEW PLAINTIFFS’ ALLEGATIONS IN THE FORECLOSURE COMPLAINT WHICH RELY ON SPECIFIC […]
We see so many clients come to us after failing in court that we thought it important to share exactly which battles are important to fight in Foreclosure and which ones to skip. After 20+ years of doing this nationwide who better than us to share with you some of the mistakes we see. Which […]
The reality of Judicial bias in the courts Judges display a tremendous amount of court bias against homeowners in foreclosure cases. Especially when they are representing themselves. They often trust banks more than homeowners. That doesn’t mean you can’t win. Strategies to Overcome Judicial Bias in the courts – Stick to facts, not emotion.– Demand […]
Our homeowner clients know the importance of fraud claims to show lack of standing and other defenses and now so can you.
Winning Takes Many Forms We get asked all the time: What counts as a win in a foreclosure lawsuit? For our clients, a win means keeping their home or holding fraudulent lenders accountable. Wins may look different from case to case, but every one matters. If a pretend lender dismisses their foreclosure case, that’s a […]
Why “Not Losing” Is the Real Strategy In foreclosure litigation, homeowners do best when they focus not on winning outright, but on not losing. The system is designed to presume that foreclosure is valid. To overcome this, the goal isn’t to deliver a knockout blow—it’s to keep the case alive and prevent foreclosure through procedure, […]
What Makes Someone an Expert? An expert witness is someone with knowledge beyond the scope of the judge. To qualify: You must show it’s more likely than not that the witness will testify about something the court concedes it doesn’t know. An expert cannot testify on conclusions of law (e.g., calling something “illegal” or “fraud”). […]
The UCC and Foreclosure Law The Uniform Commercial Code (UCC) governs nearly all financial transactions in the U.S. and has been adopted by every state. For homeowners, two sections matter most: Article 3 – Governs negotiable instruments (like promissory notes). Article 9 – Governs secured transactions (like mortgages). For years, foreclosure defense has relied on […]
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