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] […]

Tags: equitable defenses to foreclosure, reformation, rescission, unilateral mistake
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |

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: […]

Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Pleading, Servicer |

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 […]

Posted in evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

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 […]

Posted in Corruption, evidence, foreclosure defenses, Uncategorized |

When you lose your home in foreclosure, it is an involuntary gift to an investment bank that has already earned 12 times the amount of the transaction with you. The investment bank does NOT record the interest, principal or forced sale payment on any loan account receivable because there is no such account. Once again […]

Tags: business records exception to hearsay rule
Posted in Corruption, evidence, legal standing, Servicer |

Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete evidence that there is, in fact, a loan receivable entry on the accounting ledgers of the claimant and that it got […]

Posted in discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

The plain truth is that homeowners are losing their cases through assymetry of information. They think they understand when they do not have a clue. They are admitting the obvious, which turns out to wholly untrue. In so doing they give the court no choice but to enter judgment aganst them.  ApplicationForLoanProcessAndFundingOfServiceFees I am experimenting […]

Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing |

ALL EXISTING LAW AGREES WITH MY MAIN POINT: There is no basis for claiming you are a creditor unless you own the debt or represent someone who owns the debt. Since 2000 and maybe before that we have abandoned real creditors and steadily transformed administration, collection, and enforcement of alleged debts to include virtual creditors […]

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

WHAT ABOUT ALL THE OTHER LEHMAN DEALS WHERE CHASE CLAIMED OWNERSHIP AND STOLE PROPERTY FROM HOMEOWNERS? Neither Chase nor anyone else actually has a claim or a case against the homeowner if the premise is that either Chase or some other named “trustee” owns the loan through the magical process of “securitization”. The fact that […]

Tags: affidavit, hearsay rule
Posted in Corruption, evidence, foreclosure mill, Motions |

Investors would do much better if they stopped litigating the duty to enforce repurchase agreements. The repurchase agreement is void because there was no purchase. There are better claims to make that are more easily proven. Homeowner litigants need to have more courage and attack the existence and ownership of the underlying alleged obligation much […]

Posted in Corruption, discovery, evidence, Fabrication of documents, securities fraud |