Archive for 'foreclosure defenses' Category
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 […]
Start with the Basics: QWRs and DVLs The first thing you need to know: there is no obligation to answer a notice if the questions are not related to confirming the: Balance due Existence of the obligation Ownership of the loan Servicing details Status of the underlying obligation Many homeowners (or their lawyers) draft QWRs […]
The State of New York, along with many other states are struggling with problems arising from an array of legal fictions created by the courts to justify claims for administration, collection, and enforcement of virtual debts (instead of actual debts in the real world). These attempts violate the constitutional separation of powers under the Federal […]
Why This “Boring” Statute Matters In a world where access to credit often outweighs access to savings, FCRA protections are crucial. History shows that dry statutes can bring down major offenders (think mail fraud in The Firm, tax evasion for Al Capone). Likewise, the FCRA can be the pressure point that changes outcomes for homeowners. […]
In homeowner finance, nearly all claims begin with notices from third parties—companies the homeowner has never dealt with before. My advice: challenge these letters, statements, and notices immediately. Doing so creates “tracks in the sand” that can be critical later in litigation. The Core Problem: Declaration of Default Without a Creditor Foreclosure law is clear: […]
(Once again, because of minor medical issues I decline to do the Neil Garfield Show. I offer this instead) It is easy to get lost in the weeds. Don’t make up your own words or definitions because your definitions have no relevance to your case. Do hold the accusing side to their words and to […]
The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first thing you need to know about Foreclosure is that it is only about money. If you have the […]
A Sarasota Judgment That Shook the Foreclosure Machine A 2020 Sarasota, Florida judgment shows the deep gap between foreclosure fantasy and reality. The case: U.S. Bank, as Trustee for the LSF11 Master Participation Trust v. Cheri Melchione, Case No. 2011 CA 5724 NC (12th Circuit Court, Sarasota County, Florida). The plaintiff—LSF11 Master Participation Trust—was no […]
If you are not willing to challenge the basic assumptions of the loan or debt, then you probably should not even start any challenge or defense. If you are willing to do that you will probably win or force the “dark side” into a settlement that you find favorable to your interests. You don’t need […]
There is no sale of the obligation, note or mortgage and so there is no securitization of debt. By splitting the attributes of behavior from the provisions of the executed documents and changing the description of the behavior, an investment bank could, in essence, sell the apparent debt an unlimited number of times without ever recording the sale of the […]
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