Archive for 'foreclosure defenses' Category
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 […]
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 […]
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