Making a mistake is not appealable unto itself. You must show that the error caused an improper decision. And by “improper” I mean that there is no way under existing law that the decision was based upon the law or, if you wish to pursue a still higher standard of review, that the law as applied […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

see https://www.floridabar.org/the-florida-bar-journal/danger-will-robinson-the-new-frontier-of-remote-online-notarization-and-electronic-wills/ I knew this was planned. But frankly I didn’t pay close attention. When the initial plans for electronic signatures were announced 10 years ago, we collectively convinced President Obama that the law as written made it too easy to fabricate documents and then have them be declared facially valid — thus raising legal […]

Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Servicer |

Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world. The answer is […]

Tags: money, note, restitution, title, transfer, TRUTH, unpaid debt
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading |

PRESUMPTIONS VERSUS FACTS The bottom line is that lawyers want to do the best possible job for their client and get the best possible result. They like winning. But sometimes they must protect clients against themselves. It’s true there are lazy lawyers out there who take money and don’t do the work. But most of […]

Tags: legal presumptions
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

The basic truth is that current law cannot accommodate securitization of mortgage debt as it has been practiced. In short, what they (the investment banks) did was illegal. It could be reformed. But until the required legal steps are taken that address all stakeholders virtually all foreclosures ever conducted were at best problematic and at […]

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

Want to know why this site is called LivingLies? Read on Homeowners often challenged the authority of the named claimant while skipping over the actual party who is supporting the claim — the alleged servicer. You might also want to challenge or at least question their authority to be a servicer. The fact that someone appointed them to […]

Tags: audit, boarding, business records exception, payment history, servicers, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, Motions, Servicer |

Litigators often miss the point that the foreclosure is brought on behalf of certificate holders who have no right, title or interest in the debt, note or mortgage — and there is no assertion, allegation or exhibit that says otherwise. ======================================= GET FREE HELP: Just click here and submit  the confidential, free, no obligation, private REGISTRATION […]

Tags: Bank of New York Mellon, certificate holder, CERTIFICATES, HOLDER, Power of Attorney, subject matter jurisdiction, trust
Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

A lot of student loan debt ends up being claimed by “Trusts” that are exactly like REMIC trusts except they are not about residential mortgages. And as I have previously pointed out on these pages, the enforcement of those debts has gone through the same process of removing the risk of loss from those who […]

Tags: business records, false affidavits, false business records, false chains of title, servicers, student loan, TRUSTS
Posted in discovery, evidence, Fabrication of documents, legal standing |

Amongst the lay people who are researching issues regarding who actually can enforce a mortgage, there is confusion arising from specific terms of art used by lawyers in distinguishing between a debt, a note and a mortgage. This article is intended to clarify the subject for lawyers and pro litigants. The devil is in the […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

The devil is in the details and it is in the details that actions don’t add up if one party is faking their status.  ======================================= GET FREE HELP: Just click here and submit  the confidential, free, no obligation, private REGISTRATION FORM. The key to victory lies in understanding your own case. Let us help you plan […]

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