Archive for 'evidence' Category
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 […]
Ultimately, the claim made against the homeowner must make common sense. But getting there requires litigation skills. But it is true that ANY lawyer that simply follows standard defense strategies can win these cases for homeowners. The key is always lack of foundation in business records and hearsay objections. But the standard error being made […]
Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff […]
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