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 […]

Posted in Foreclosure Questions |

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 […]

Tags: ACCESS TO COURTS, bac home loans, Bank of America, countrywide, discovery, legal presumptions, legal standing, MOTION TO DISMISS, notice pleading, plasubility pleading, Reyes-Toledo, TRUTH, wrongful foreclosure
Posted in foreclosure defenses, Foreclosure Questions, Pleading |

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 […]

Tags: creditor, DEBTOR, foreclosure defense, foreclosure offense, fraud, Mortgage, quiet title, reformation, rescission, securitization, VOID, VOIDABLE
Posted in foreclosure defenses, foreclosure mill, Foreclosure Questions, Uncategorized |

  “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 […]

Tags: foreclosure defense
Posted in foreclosure defenses, Foreclosure Questions, legal standing |

  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 […]

Tags: foreclosure defense
Posted in Corruption, Fabrication of documents, foreclosure defenses, Foreclosure Questions |