Archive for 'Foreclosure Questions' Category
Foreclosure Litigation and the Power of Discovery When facing a foreclosure lawsuit, the discovery process is one of the strongest tools a foreclosure litigation attorney can use to protect homeowners. It’s where real evidence replaces assumptions—and where banks are forced to prove their case instead of hiding behind paperwork. In foreclosure defense, discovery lets your […]
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 […]
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 […]
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 […]
What Many Homeowners Don’t Know About Stopping Foreclosure After It Begins When foreclosure starts, many homeowners assume it’s already too late to stop foreclosure. That belief is often wrong. This case shows how a homeowner took the time to understand her mortgage, the foreclosure timeline, and the sale date process before giving up. By doing […]
Foreclosure Defense Starts with One Question: What Obligation? Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney before acting on anything discussed here. The Common Mistake Most pro se litigants — and even many attorneys — begin their foreclosure defense with: “Yes, but…” The stronger defense […]
Disclaimer: This article is for educational purposes only. It is not legal advice. Always consult with a licensed attorney about your case. Why Fraud Claims Are Powerful — and Difficult Fraud can be one of the most effective claims or defenses in foreclosure litigation. But fraud is also one of the hardest claims to win. […]
The following article is not a legal opinion upon which you can rely. Hire a lawyer at least as a consultant before acting on anything contained herein. Building a Winning Foreclosure Defense: Why Narrative and Legal Research Matter Disclaimer: The following is not a legal opinion. Always hire a licensed attorney in your jurisdiction — […]
Judicial Notice in Foreclosure: Don’t Let a Bluff Become “Fact” Disclaimer: This is educational information, not legal advice. Always consult a licensed attorney in your jurisdiction. Courts see it every day: a foreclosing party waves a stack of papers and asks the judge to “take judicial notice.” If no one objects, myths quietly harden into […]
Hawaii Supreme Court Restores Balance in Foreclosure Cases Now that courts are less fearful of triggering an economic meltdown, judges are returning to legal decisions instead of political ones. The Hawaii Supreme Court has taken a major step in that direction with a landmark ruling reaffirming long-standing civil procedure principles and giving homeowners a fairer […]
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