Archive for 'Fabrication of documents' Category
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 […]
One of the most common statements heard in foreclosure courtrooms across America is: “We have possession of the note.” For many judges, lawyers, and homeowners, that statement ends the discussion. The assumption is simple: If the foreclosing party has possession of the original note, it automatically has the right to foreclose. But that assumption is […]
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 […]
Most homeowners react to a judicial foreclosure complaint the same way. They panic. That reaction is understandable. A foreclosure complaint is intimidating. It looks official. It is filled with legal language, exhibits, signatures, and accusations. But here is the first thing you need to understand: A foreclosure complaint is not proof. It is a set […]
Most foreclosure cases are won or lost on one simple question: who owns the debt? Not who claims to own it. Not who services it. Not who has a paper assignment. Not who holds up a copy of a note in court. The real question is this: Did anyone actually pay value for the underlying […]
By Donna Steenkamp Head of Research at Living lies/Defend the Foreclosure Few documents in foreclosure litigation are treated with more blind acceptance than a MERS assignment. That is a mistake. When a MERS assignment appears in the file, many homeowners assume it settles the transfer issue. Some lawyers treat it the same way. But a […]
Most homeowners walk into court assuming one thing that is almost always wrong: that a company like Shellpoint , trying to take their home, actually has the legal right to do it. That assumption is the entire game. Companies like Shellpoint Mortgage Servicing depend on it. They rely on the court—and the homeowner—not looking too […]
Homeowners are often pushed into one path: “Just apply for a modification.” Sometimes that helps. Sometimes it’s a trap that burns your time while the foreclosure machine keeps moving. What a loan modification is (in plain English) A loan modification is a new agreement—if you actually get it in writing, signed, and honored. But “under […]
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 […]
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