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 |

Western Progressive LLC is named as Trustee or even Attorney on many forms, notices and recorded documents in foreclosures. So who is this Luxembourg LLC and why do all paths lead back to Ocwen? Why such a company would ever be seen as a qualified party to (a) serve as a trustee on a deed […]

Tags: foreclosure defense
Posted in Corruption, evidence, Fabrication of documents, Servicer |

The payment history is not the loan receivable account by definition and it is never presented as such. Failure to recognize this obscure fact often results in failure. But those who do understand it, raise their chances of a successful defense from unlikely to very likely. A lawyer (Scott Stafne) shared with me a case […]

Tags: discovery and evidence foreclosure litigations, motion for sanctions, MOtion in Oilmine, MOTION TO COMPEL
Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, legal standing, 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 |

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 |

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 |

You need to challenge the status of the company claiming to be a servicer by finding out what functions they really perform. * I know I have contributed to the problem, but I think it’s time to stop using the labels that are promoted by the banks. * Companies that are claimed to be the […]

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

I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the […]

Tags: Black Knight, Core Logic
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, Pleading, Servicer |

In a dispute between the attorney for the homeowner and the attorney for the alleged “lender”, there are a number of devices that are nearly universally applied across the country in order to ridicule and defeat the homeowner. The more you are aware of them, the better you will be prepared to deal with them. […]

Tags: Fannie MAe, vexatious litigation, Wachovia, Wells Fargo
Posted in discovery, evidence, expert witness, Fabrication of documents, legal standing, Modification, Wells Fargo |