Archive for 'expert witness' Category
“Standing” is not a cute argument. It’s not a loophole. It’s the first question the court is supposed to ask: Who has the legal right to enforce this debt? What standing really means Standing means the party suing you (or conducting the sale) must prove it has the right to enforce. If they can’t prove […]
Every week, homeowners representing themselves in foreclosure court tell the same story. They knew something was wrong. The bank’s paperwork didn’t make sense. The numbers didn’t add up. The story kept changing. And yet—they lost. Not because they were wrong. But because the court never heard the right evidence, presented the right way, at the […]
In the battle between the foreclosure attorney for the Homeowners vs the servicer many believe the courtroom is neutral. It isn’t. The foreclosure attorney for homeowners vs servicer law firms are not playing on an even field. In foreclosure litigation, there are two very different worlds colliding: This imbalance is one of the biggest hidden […]
Can Foreclosure Still Be Stopped? Homeowners facing foreclosure in places like Eustis, Lady Lake, Groveland, Paisley, Mascotte, and Tavares often search for answers only after the process has already started. Many believe that once foreclosure begins, nothing can be done. That’s not true. Foreclosure can often be delayed, challenged, or stopped when homeowners understand the […]
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.
Case Location: Sussex County, New JerseyCourt: Superior Court, Chancery DivisionCase No.: F-009159-24Filed by: Third Birch, LLCDate of Foreclosure Filing: September 19, 2024 INTRODUCTION: WHEN THE COURT IS MISLED — THE HOMEOWNER STILL HAS A VOICE This is the story of one of our most recent victories—not just a legal win, but a moral one. Our […]
Understanding the Role of Notarized Documents in Foreclosure Defense When it comes to foreclosure defense, one critical area of focus is the validity of notarized documents. Homeowners facing foreclosure often encounter documents that appear official and binding simply because they bear a notary’s seal. However, not all notarized documents are created equal. In fact, many […]
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”). […]
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