Archive for 'expert witness' Category
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”). […]
The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and […]
(Once again, because of minor medical issues I decline to do the Neil Garfield Show. I offer this instead) It is easy to get lost in the weeds. Don’t make up your own words or definitions because your definitions have no relevance to your case. Do hold the accusing side to their words and to […]
The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first thing you need to know about Foreclosure is that it is only about money. If you have the […]
Most people cannot conceive of why they should have been paid more at the purported “Closing” of their transaction than what they received or what they think was paid on their behalf. * But the bottom line is that in most cases, whether the transaction involved a resale of the home or “refinancing,” only a […]
The Fiction of “Prior Lender” Payments In nearly all cases, the money supposedly paid to a “prior lender” during refinancing—or even purchase money mortgages—is entirely or mostly fictional. This is true so long as the same underlying investment bank is behind both the buyer and seller, or both the new lender and the old lender. […]
Disclaimer: This article is for educational purposes only and not legal advice. Always consult with a licensed attorney regarding your specific situation. Why Does “Wilmington” Keep Showing Up in Foreclosures? The name “Wilmington” appears with increasing frequency in foreclosure cases across the country. On the surface, it gives the impression of legitimacy — suggesting a […]
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