Archive for 'legal standing' Category
How Servicers Try to Get Computer Records Into Evidence There is a moment in many foreclosure trials that homeowners and even some lawyers fail to recognize as one of the most important moments in the entire case. The introduction of Foreclosure Business records. The foreclosure lawyer hands a stack of documents to a witness. The […]
Discovering the Real Creditor Before You Lose Your Home Here’s how loan level data in foreclosure defense can stop a sale; read on. For years, foreclosure litigation has focused on documents that appear in the public record. The promissory note. The mortgage or deed of trust. Recorded assignments. Affidavits signed by loan servicers. Declarations stating […]
How to stop a Foreclosure sale For many homeowners, obtaining a Temporary Restraining Order (TRO) feels like crossing the finish line. The foreclosure sale has been stopped. The immediate crisis has passed. Everyone can finally breathe. Unfortunately, that is usually only the beginning. A TRO is designed to preserve the status quo for a very […]
By Lance Denha esq. and Donna Steenkamp For more than twenty years, we have been saying possession of the note is not proof of ownership. This is something that many courts are only beginning to recognize. The foreclosure industry has successfully convinced courts to ask the wrong question. Instead of asking: “Who actually owns the […]
One of the most common statements heard from homeowners facing foreclosure is: “I wish I had acted sooner.” Unfortunately, many homeowners do not realize how quickly foreclosure timelines can move until a sale date has already been scheduled. The notices arrive. The servicer refuses to answer meaningful questions. The foreclosure attorneys continue moving forward. And […]
One of the most misunderstood legal remedies in real estate litigation is the quiet title action. This legal remedy is fundamentally about forcing parties claiming rights against property to prove those claims rather than relying on assumptions, labels, or recorded paperwork alone. A quiet title action is a lawsuit. Its purpose is simple: To determine […]
One of the most common statements heard in foreclosure courtrooms across America is: “We have possession of the note.” For many judges, lawyers, and homeowners, that statement ends the discussion. The assumption is simple: If the foreclosing party has possession of the original note, it automatically has the right to foreclose. But that assumption is […]
If there is one issue that can change the direction of a foreclosure case, it is standing. It is a defense we help homeowners use the most and it works. Here at LivingLies we talk about it a lot but realize not everyone understands what are Legal Standing foreclosure defenses. Most homeowners never hear the […]
Non-judicial foreclosure fight is one of the most misunderstood processes in the country. Many homeowners believe that because there is no lawsuit at the beginning, there is no non-judicial foreclosure fight. That belief costs people their homes. Non-judicial foreclosure does not mean the foreclosure is automatically valid. It simply means the process moves forward without […]
Most foreclosure cases appear overwhelming because they come wrapped in business records. Payment histories. Affidavits. Default letters. Computer printouts. Servicing notes. And all of it is usually presented to the homeowner—and often to the court—as if it automatically proves the case. But here is the problem: Most foreclosure cases are built on what are called […]
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