Archive for 'foreclosure defenses' Category
It appears that I have struck a nerve with many of the people who seek to prove me wrong in my “theories.” They are facts, not theories. And as explained by yet another attorney writing an article for the banks and bank attorneys, it is up to the “bank” side of the equation to do […]
Practically everyone thinks they know what is a creditor even if they cannot identify who is the creditor. The reason that this is important is that the lawyers for the banks have created a divergence of the money trial and the paper trail. One is worth every cent claimed and the other is worth nothing, […]
Consummation vs. Closing: Why Foreclosure Courts Get It Wrong Disclaimer: This article is for educational purposes only and is not a substitute for legal advice. Always consult with a licensed attorney in your jurisdiction. Call us today at 844.583.5339Submit your case statement online for a complimentary recommendation. The Problem: Courts Ignore Basic Contract Law In […]
When a judge looks carefully at the record, the bank loses. The use of Deutsch’s name in the style of the case still shows that Judges are considering the Plaintiff to be the named “Trustee” instead of the named (or named, which is frequently the case) Trust. In fact the Trustee has nothing to do […]
Florida 4th DCA Opinion: In this mortgage foreclosure case, the underlying mortgage was passed around like the flu, giving rise to a complexity of ownership that frustrated the appellee’s attempts to demonstrate standing at trial. To the answer brief, the appellee attached a chart of the ownership lineage of the mortgage and note, with different […]
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 […]
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