Archive for 'evidence' Category
Dec 22, 2021

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 […]

Dec 14, 2021

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. […]

Dec 7, 2021

I’m busy today so I can’t publish my usual long analytical article. But one thing that is constantly staring at me is the fact that the national press and news releases are in basic conflict with local media. And the fact that local media is going out of business isn’t helping. Black Knight is a […]

Dec 3, 2021

if the investment bank paid the homeowner as an incentive payment rather than as a loan, then there is no debt any more than salary or wages can later be called a loan. The fact that the consumer/homeowner thought or even wished it were otherwise makes no diffeerence. If I pay you money and you […]

Dec 1, 2021

The idea that some company bearing the label of “servicer” is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end. Such companies do nothing and were never intended to do anything except act as a buffer, in name only, to prevent liability attaching […]

Nov 30, 2021

The answer to this question depends upon the homeowner — not the judge. * If the homeowner rigorously, aggressively and persistently seeks enforcement of the rules of civil procedure, the rules of discovery, the rules of evidence and enforcement of court orders, the chances of quite good that the homeowner role reach a very favorable […]

Nov 10, 2021

Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers.  Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] […]

Sep 21, 2021

LEARN HOW TO FIGHT WITH HONOR AND WIN! After some reflection, legal research and analysis I have come to the conclusion that a very good way for homeowners to put tracks in the sand that they can use later with success is to use the following protocol — subject to the opinion of local counsel: […]

Sep 16, 2021

APPROVED FOR 2.5 CLE CREDITS APPROVED BY THE FLORIDA BAR HOMEOWNER ATTENDANCE PERMITTED Live and On-Demand Available EARLY BIRD DISCOUNT ENDS 9/22/21 What to Look for in Examining an Assignment How to Successfully Litigate the Issues How lawyers can make money in this niche APON and GTC Honors, Inc. an approved host provider for CLE […]

Apr 19, 2021

A Controversial Disbarment in Hawaii Attorney Gary Dubin, age 83, was recently disbarred by the Hawaii Supreme Court. To some, it looked like a routine bar discipline matter. To others—including myself—it appears to be the product of investment bank influence and a flawed disciplinary process that fails to protect due process. Dubin has practiced for […]