Archive for 'foreclosure defenses' Category
What Makes Someone an Expert? An expert witness is someone with knowledge beyond the scope of the judge. To qualify: You must show it’s more likely than not that the witness will testify about something the court concedes it doesn’t know. An expert cannot testify on conclusions of law (e.g., calling something “illegal” or “fraud”). […]
The UCC and Foreclosure Law The Uniform Commercial Code (UCC) governs nearly all financial transactions in the U.S. and has been adopted by every state. For homeowners, two sections matter most: Article 3 – Governs negotiable instruments (like promissory notes). Article 9 – Governs secured transactions (like mortgages). For years, foreclosure defense has relied on […]
From LoanDepot quarterly report, 2022: The Company derives income primarily from gains on the origination and sale of loans to investors, income from loan servicing, and fees charged for settlement services related to the origination and sale of loans. Not one word about revenues or profits arising from the receipt of principal and interest from […]
Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff […]
The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and […]
Why would anyone allow the forced sale of a home to satisfy a claim for that remedy if the claimant had no right to receive any compensation or restitution from the homeowner? The only real claim by any claimant in foreclosures today is that they possess the information and have built an infrastructure around it. […]
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific case. The Role of Business Records in Foreclosure Cases Any experienced foreclosure defense litigator will tell you: nearly every foreclosure case today relies on business records as the primary evidence that a […]
Helping Homeowners Fight MERS Foreclosure Problems If your home is tied to a MERS foreclosure, things can get confusing. Many homeowners we helped didn’t realize that Mortgage Electronic Registration Systems (MERS) may appeared on their loan even though it never owned or funded their mortgage. At Living Lies, we help homeowners uncover the truth about […]
Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney before acting on anything discussed here. Why This Case Matters The case of DreamBuilder Investors v. MERSCORP Holdings, Inc. offers important clues for how to: Sue MERS directly, and Demand discovery from MERS (as either a party […]
ATTORNEY NETWORK CLICK HERE: Lawyers That Get It – 0310 Over 150 Lawyers in Our Network — Covering 37 States Disclaimer: This article is for informational purposes only. It is not legal advice. Always consult with a licensed attorney in your jurisdiction regarding your specific case. Finding the Right Foreclosure Defense Attorney We now have […]
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