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 |

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 |

What is obvious is false but only investment bankers know it.  * Without knowing it, you are probably doing business with a Wall Street securities brokerage firm calling itself an “investment bank.” You didn’t know because they were never disclosed. And the money they paid to you was not a loan — at least not […]

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

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, […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, Servicer |

Securitization of data that is mischaracterized as securitization of debt has enabled the securities firms to write off the loan concurrently with funding it I believe there is a very strong case for applying antitrust legislation against the big winners in the securitization game because they could and did apply multiple incentives to borrowers to […]

Posted in bubble, Corruption, expert witness, Fabrication of documents, foreclosure defenses, Pleading, securities fraud, Servicer |

Key Realities Banks will never bring their own expert.They avoid the risk of cross-examination because no one can credibly testify to facts that don’t exist — namely, proof of ownership of the debt. Using an expert is complicated.An expert can be decisive, but only when their work is specific, case-focused, and defensible under cross-examination. Many […]

Posted in expert witness, foreclosure defenses |

NOTE: BE AWARE THAT WELLS FARGO AND OTHERS MAY HAVE PUT YOUR TRANSACTION IN A FORBEARANCE PROGRAM WITH UNKNOWN TERMS. ======== I think that the banks have unfairly benefited from assumptions regarding the connection between the cessation of payments by homeowners and the existence of a default. * I think that there are elements of a default that we […]

Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud |

I received an email from one of my most prolific contributors that I am republishing here because virtually everything in it is entirely correct. I especially approve of her point about the fact that servicer advances are funded from proceeds of public offerings of stock that were all purchased by the Wall Street banks who […]

Tags: Pennymac, TRUTH
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

Fundamentally you must understand that the investment banks want you and everyone else to look only at the payments history — not the debt, who owns it and whether anyone suffered a loss resulting from any lack of payment by the homeowner. * Their strategy is to get the court to presume that in the absence of […]

Posted in Corruption, discovery, Eviction, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |