Archive for 'expert witness' Category
Can a New Servicer Really Prove Old Servicer’s Records? Your mortgage servicing gets transferred. A new company begins sending statements. Years later, that company—or perhaps another company after it—appears in court with a payment history covering periods when it was not even servicing your loan. Its witness testifies about the account. The witness may tell […]
How Servicers Try to Get Computer Records Into Evidence There is a moment in many foreclosure trials that homeowners and even some lawyers fail to recognize as one of the most important moments in the entire case. The introduction of Foreclosure Business records. The foreclosure lawyer hands a stack of documents to a witness. The […]
How to prove it by building an evidence based defense One of the first questions many homeowners should ask after receiving a foreclosure complaint is surprisingly simple: “Is the company suing me actually the company that owns my loan?” It is an important question. That’s why making them prove they are the real creditor is […]
By Lance Denha esq. and Donna Steenkamp For more than twenty years, we have been saying possession of the note is not proof of ownership. This is something that many courts are only beginning to recognize. The foreclosure industry has successfully convinced courts to ask the wrong question. Instead of asking: “Who actually owns the […]
If there is one issue that can change the direction of a foreclosure case, it is standing. It is a defense we help homeowners use the most and it works. Here at LivingLies we talk about it a lot but realize not everyone understands what are Legal Standing foreclosure defenses. Most homeowners never hear the […]
Most foreclosure cases appear overwhelming because they come wrapped in business records. Payment histories. Affidavits. Default letters. Computer printouts. Servicing notes. And all of it is usually presented to the homeowner—and often to the court—as if it automatically proves the case. But here is the problem: Most foreclosure cases are built on what are called […]
Why can some homeowners get the cases against them dismissed? Foreclosure cases are treated like it’s automatic by the pretend lender. File papers, get judgment, sell house. That’s the script. But when a homeowner (or their lawyer) forces the plaintiff to prove the case with real evidence, many foreclosures fall apart. This isn’t theory. It’s […]
If you’re reading this, you’re probably facing a foreclosure notice, a lawsuit, or a sale date. And you’ve been told the same thing everyone gets told: “You’re behind, so they can take the house.” That statement is not the law. It’s a sales pitch. Foreclosure is a legal action. In court (and even in many […]
“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 […]
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