Archive for 'evidence' Category
This completely corroborates what I have been saying for years along with a chorus of lawyers and pro se litigants across the county. It simply is not true that the attorney represents the trust or the trustee. This “Advisory” shows that there are documents that are rarely in the limelight and that clarify claims of […]
Information is admitted in evidence only after a proper foundation has been laid. If the witness knows nothing about the foundation the evidence should not be admitted as evidence. Appellate courts will usually reverse a trial court’s error in ruling on evidence UNLESS the appellate panel decides that the error would not have made any […]
CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk’s default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they […]
The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that […]
While this case turned upon an inadequate foundation for introduction of “business records” into evidence, I think the real problem here for Keystone National Association was that they did not and never did own the loan — something revealed by the usual game of musical chairs that the banks use to confuse and obscure the […]
10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus. First to stop judges from applying legal PRESUMPTIONS and second to stop judges from ignoring TILA rescission. Now someone has done it and others might follow suit, […]
The bank playbook is very simple: keep it as complicated as possible. That way the court and even the homeowner will come to rely on what the banks and so-called servicer say about names, places, documents and money. That’s how they sold the initial fraudulent MBS and around 10 million foreclosures. If you had a […]
“In order to have standing to foreclose a mortgage, a party ‘must own or control the underlying debt.’” New Jersey litigants need look no further. In fact, in every other state of the U.S. you will find the same decisions each quoting from several other to the same effect. Courts across the country have usually […]
Glitch in the fabrication and forgery of documents left counsel for the “trust” without an original allonge. They tried to use a copy. What is surprising is that they appealed. US Bank v Kachik Case 4D16-1776 Get a consult and Chain of Title Analysis! Call 844.583.5339 see also http://www.lexology.com/library/detail.aspx?g=18c9adcb-5683-4074-addd-88fd62c2f95d * In Florida and most states […]
Mnuchin Confirms the Controversy On Fox News, Treasury Secretary Steve Mnuchin stated that President Obama engineered the Net Worth Sweep (NWS) in 2012 to divert funds from Fannie Mae and Freddie Mac to pay for Obamacare. “It is true,” Mnuchin said when asked if Fannie and Freddie profits were used to fund ACA subsidies. According […]
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