Archive for 'foreclosure defenses' Category
Editor’s Note: A Rare Victory for Homeowners in Illinois Sometimes, it’s the small wins that matter most in foreclosure defense. In U.S. Bank NA v. Hernandez, the Illinois Appellate Court vacated a foreclosure judgment against Jose and Maria Hernandez. While the court held that U.S. Bank had standing, it found material questions of fact about […]
Walsh v. Bank of New York Mellon Trust: No Standing, No Foreclosure Editor’s Note: Mark Stopa, a highly skilled foreclosure defense attorney based in Tampa, Florida, handled this case. We also recommend his foreclosure blog at www.stayinmyhome.com. Case: Patrick Walsh and Catherine Walsh v. Bank of New York Mellon Trust, et al.Court: Florida Fifth District […]
Hearsay, Foreclosures, and the “Bank Must Win” Doctrine In American courts, the hearsay rule is supposed to be one of the cornerstones of evidence law. A witness may not testify about an out-of-court statement to prove the truth of that statement, because the opposing party has no chance to cross-examine the original speaker. The U.S. […]
By The LendingLies Team A Surprising Discovery in a California Appeal In a recent California foreclosure appeal, a homeowner’s attorney obtained a routine MERS corporate disclosure statement. What seemed ordinary at first turned into a bombshell: MERS was listed as owned by a holding company, Maroon Holding, LLC. Maroon was more than 10% owned by […]
The Core Problem: U.S. Bank “As Trustee” Many foreclosure cases list U.S. Bank “as trustee” for a mortgage trust. But here’s the issue: U.S. Bank itself disclaims acting on its own behalf. It does not process payments, settlements, or modifications. Court records come only from third-party servicers, not U.S. Bank. U.S. Bank employees rarely appear […]
So you just received that dreaded letter in the mail announcing that a loan servicer who likely never loaned you a dime is going to foreclose on your home. Your adrenaline rockets through your veins, you go into Fight or Flight mode and at some point you say, “Holy sh*t- what do I do now?” […]
The Bigger Problem: Assignments from Nonexistent Entities Dan Edstrom, senior forensic analyst, highlights a disturbing pattern: what happened in Chase-WAMU and IndyMac-OneWest is being replicated in hundreds of foreclosure chains. Regulators often call these foreclosures merely “faulty.” But when foreclosing parties rely on entities that don’t exist to execute assignments years after bankruptcy, that’s not […]
A Passion Project Born in Palm Beach Five years ago, while studying journalism at Florida International University (FIU), Nicole Taylor-Lang began searching for subjects to expand her photography portfolio. She didn’t have to go far. Just a block from her Greenacres home in Palm Beach County, she discovered her first subject: a white-and-beige house with […]
http://fortune.com/2016/07/18/tony-robbins-netflix-documentary-guru/ Finding Strength in the Fight Against Foreclosure Homeowners facing foreclosure often endure years of harassment, injustice, and emotional assault. After being battered by banks, railroaded by courts, and stripped of their privacy, many lose hope. Depression and post-traumatic stress are common. Most don’t give up because they lack evidence of fraud. They give up […]
Void means that the instrument meant nothing when it was filed, not that it is unenforceable now. Why Quiet Title Actions Often Fail Homeowners often ask about using a quiet title action to clear fraudulent mortgage claims. But the truth is: quiet title is a very limited remedy. Quiet title can only remove instruments that […]
Search Our Blog
Categories
Contact Our National Headquarters Phone: 844-583-5339
Connect with us
Contact Our National Headquarters
- 844-583-5339
- Available 24/7
-
200 S. Andrews Ave. Ste. 604
Ft. Lauderdale, FL 33301