Archive for 'evidence' Category
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 […]
The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and […]
since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. […]
when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated “servicer” are not business records that are not exempt from the hearsay rule, the poop will hit the fan. I received multiple emails from lawyers and homeowners who were confused when […]
One of my constant comment contributors recently informed me and others that she was trying a new tack. She writes “My attorneys are making a demand that any refi money be placed with the Court and that the judge decides who he wants to pay.” This is very close to an Interpleader action which is […]
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