Archive for 'foreclosure defenses' Category
Read this 12 step Foreclosure Defense guide carefully because most homeowners lose before they ever walk into court. Not because the bank proved its case. Not because the servicer proved ownership of the debt. Not because a judge carefully reviewed every transaction involving the loan. They lose because they assume the foreclosure paperwork must be […]
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 […]
Non-judicial foreclosure fight is one of the most misunderstood processes in the country. Many homeowners believe that because there is no lawsuit at the beginning, there is no non-judicial foreclosure fight. That belief costs people their homes. Non-judicial foreclosure does not mean the foreclosure is automatically valid. It simply means the process moves forward without […]
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 […]
In most foreclosure cases, the name on the lawsuit is not the party doing the work. It’s the servicer. But do they really have the authority to foreclose? We’ll explain. The servicer sends the notices. The servicer files the affidavits. The servicer’s employees testify in court. The servicer’s lawyers push the case forward. Servicers like […]
New York Foreclosure Defense is one of the most misunderstood foreclosure states in the country. On the surface, it looks like a system that favors banks. Cases drag on for years. Paperwork piles up. And homeowners often feel like they are fighting a losing battle. But that is not the whole story. New York is […]
This is what happens when the court looks at the timeline instead of just accepting the story. In a recent decision out of Nassau County, New York, the court dismissed a foreclosure action because it was filed too late. Not because of sympathy. Not because of technical tricks. But because the law was applied to […]
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 […]
There is one issue in foreclosure cases that many homeowners overlook—and it can change everything. That issue is timing and something called the Statute of Limitations in Foreclosure Defense. Banks and servicers act like they can come after you forever. Like there is no deadline. Like once you fall behind, they can enforce the debt […]
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