Archive for 'evidence' Category
Nov 12, 2020

I have spent the last six months drafting, re-drafting, editing, researching and investigating the basis for filing a brief as a friend of the court. * The basis for an amicus curiae brief is the anticipated willingness of the receiving court to admit that there are factors involved about which the judge or panel lacks […]

Nov 11, 2020

SHOW ME THE LEDGER! NO, NOT THE ONE FROM THE SELF PROCLAIMED SERVICER. SHOW ME THE ONE FROM THE COMPANY CLAIMING THEY PAID VALUE FOR THE DEBT. I have been beating around the bush too long. In my opinion, rejection of a claim for foreclosure from securitization players is not the equivalent of any windfall […]

Nov 10, 2020

It occurs to me that most questions I receive contain either an inquiry about the meaning of documents or statements as if they know the meaning of documents. So here is a short primer on reviewing documents that might help. WHAT (IF ANYTHING) IS THE TITLE OF THE DOCUMENT? While this seems to be simply […]

Nov 3, 2020

see https://www.abcactionnews.com/news/local-news/i-team-investigates/floridas-foreclosure-rate-second-highest-in-the-u-s-filings-increase-as-courts-open The Wall Street playbook calls for an insidious process of creeping up on you. Within days, in some cases, weeks in other cases and certainly within months, people are going to wake up to the fact that they are already in the middle of a foreclosure proceeding. And the new wave will be […]

Nov 2, 2020

see Bank of N.Y. Mellon v. Shone, 2020 Me. 122 (Me. 2020) the record keeping shortcomings of some members of a particular business sector should not drive our interpretation of a rule of evidence that applies to the records of all businesses and, more broadly, as Rule 803(6)(B) indicates, to the records of any “organization, […]

Oct 28, 2020

All trusts that are legally recognized as such have the following basic components: the trustor/settlor who (a) executes a written trust agreement and (b) conveys property into the name of the named trustee to hold and manage the conveyed asset(s) for the benefit of named beneficiaries. So the three basic components are (1) property (the […]

Oct 24, 2020

Summer Chic write me an interesting email and I wrote back. She poses a question that summarizes the entire situation: She wrote: Example: PennyMac claimed that they PURCHASED my loan on May 2, 2019  from someone whom they cannot identify. The financial statements from a non-identified company show that somebody “established a NEW loan” on […]

Oct 14, 2020

The danger is in the labels. I have some devoted followers and readers who have been great contributors — doing research on the real action and dynamics between the homeowner on the one hand and all the intermediaries and people of interest on the other hand. One of the things recently raised was the discovery […]

Oct 13, 2020

What To Know About The Hidden Architecture of Foreclosure Insights into VendorScape, Subservicers, and the Illusion of “Clients” from a Foreclosure Defense Attorney Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney in your jurisdiction before acting on anything contained herein. Hat tip to Summer Chione. […]

Oct 12, 2020

CoreLogic’s Admission to the CFPB In response to a Consumer Financial Protection Bureau (CFPB) complaint, CoreLogic made startling admissions about its role in U.S. foreclosures. CoreLogic confirmed that VendorScape exists, despite attempts to obscure its use. VendorScape is described as an “electronic case management system,” but in practice, it operates as the central hub for […]