Archive for 'foreclosure defenses' Category
“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 […]
If your sale date is close, you need two things at the same time: Most homeowners only do the first part. They scramble for a “quick fix” and ignore the evidence. That’s how people lose their homes. What actually stops a foreclosure sale? In the real world, a sale usually stops for one of these […]
Let me say this plainly. Homeowners do not lose foreclosure cases because they are wrong. They lose because they use the wrong strategy. And one of the most common mistakes we see is this: adding causes of action that sound powerful — but actually weaken the entire case. This happens frequently when pro se litigants […]
We are proud to report another win for one of our clients. A homeowner who refused to accept a paper claim from a Wall Street trust that could not prove its rights. This case was filed in the Circuit Court of the State of Oregon for the County of Linn, Case No. 25CV60677. Our client […]
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 […]
By Donna Steenkamp, Head of Research at Livinglies. Many homeowners believe that once a foreclosure is over, the only option left is to walk away. That isn’t always true. In some cases, a quiet title action can undo the legal damage of an illegal foreclosure. But in other cases, it fails—and can even make things […]
One of the first questions homeowners ask when facing foreclosure is this: “How much is foreclosure defense going to cost me?” That’s the wrong question. The right question is: “What am I paying for—and what actually protects my home?” Because in foreclosure, the cheapest option is often the most expensive mistake. If you want the […]
In the battle between the foreclosure attorney for the Homeowners vs the servicer many believe the courtroom is neutral. It isn’t. The foreclosure attorney for homeowners vs servicer law firms are not playing on an even field. In foreclosure litigation, there are two very different worlds colliding: This imbalance is one of the biggest hidden […]
Most homeowners are never told this: Banks do not have unlimited time to foreclose. Every foreclosure case—judicial or non-judicial—is governed by a statute of limitations. That statute sets a deadline. Miss it, and the right to foreclose can be lost. Yet servicers routinely pretend the clock never started, was magically reset, or doesn’t apply to […]
If you want a deeper walkthrough of the basics, start here: Foreclosure Defense 101. What Is a Non-Judicial Foreclosure? A non-judicial foreclosure is a foreclosure that happens without the lender filing a lawsuit first. Instead of starting in court, the foreclosing party relies on: If you received a default notice and you’re not sure what […]
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