Archive for 'foreclosure defenses' Category
Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud. You don’t need to believe me. You don’t need proof that what I am saying is true. You have every right in every court to file demands for discovery relating to the existence and ownership of the debt. Ask any lawyer or any […]
We now have an opportunity to attack the most absurd of the decisions on 2 grounds, to wit: The first is that the decisions are wrong based upon existing judicial doctrine, statutory law, and court precedent. The second is that the decisions are wrong because the justification for bending the law is also wrong. […]
I have spent the last six months drafting, re-drafting, editing, researching and investigating the basis for filing a brief as a friend of the court. * The basis for an amicus curiae brief is the anticipated willingness of the receiving court to admit that there are factors involved about which the judge or panel lacks […]
It occurs to me that most questions I receive contain either an inquiry about the meaning of documents or statements as if they know the meaning of documents. So here is a short primer on reviewing documents that might help. WHAT (IF ANYTHING) IS THE TITLE OF THE DOCUMENT? While this seems to be simply […]
The mischaracterization of a condition precedent alters the burden of proof. (e.s.) If compliance with the HUD regulation is a condition precedent to foreclosure, the plaintiff carries the burden of proving substantial compliance with the condition when it presents its case, so long as the borrower has made a specific denial of the plaintiff’s allegation […]
see https://www.abcactionnews.com/news/local-news/i-team-investigates/floridas-foreclosure-rate-second-highest-in-the-u-s-filings-increase-as-courts-open The Wall Street playbook calls for an insidious process of creeping up on you. Within days, in some cases, weeks in other cases and certainly within months, people are going to wake up to the fact that they are already in the middle of a foreclosure proceeding. And the new wave will be […]
I have just received a slew of inquiries about what to do when the foreclosure mill files evasive responses and objections. Here is the answer. Discovery consists of the following steps toward victory: Framing your answer, affirmative defenses and/or allegations such that you are challenging the status and ownership of the underlying debt. Draft your […]
All trusts that are legally recognized as such have the following basic components: the trustor/settlor who (a) executes a written trust agreement and (b) conveys property into the name of the named trustee to hold and manage the conveyed asset(s) for the benefit of named beneficiaries. So the three basic components are (1) property (the […]
Summer Chic write me an interesting email and I wrote back. She poses a question that summarizes the entire situation: She wrote: Example: PennyMac claimed that they PURCHASED my loan on May 2, 2019 from someone whom they cannot identify. The financial statements from a non-identified company show that somebody “established a NEW loan” on […]
The danger is in the labels. I have some devoted followers and readers who have been great contributors — doing research on the real action and dynamics between the homeowner on the one hand and all the intermediaries and people of interest on the other hand. One of the things recently raised was the discovery […]
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