Archive for 'Foreclosure Questions' Category
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 […]
Void means that the instrument meant nothing when it was filed, not that it is unenforceable now. Why Quiet Title Actions Often Fail Homeowners often ask about using a quiet title action to clear fraudulent mortgage claims. But the truth is: quiet title is a very limited remedy. Quiet title can only remove instruments that […]
“The issue really boils down to the question of whether we are going to apply simple direct rules that favor nobody in particular (blind justice — remember that?) or if the Courts are going to create monumental complexity and uncertainty under their past “Theory of Everything,” to wit: let the banks keep coming back […]
I started thinking about different procedural matters that are the likely subject of objections that could be sustained by a trial judge and would most likely be affirmed by an appellate court. As for the authority of the BKR judge, the appropriate objection would seem to be that the court is not really a […]
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