Archive for 'legal standing' Category
Most foreclosure cases are won or lost on one simple question: who owns the debt? Not who claims to own it. Not who services it. Not who has a paper assignment. Not who holds up a copy of a note in court. The real question is this: Did anyone actually pay value for the underlying […]
New York Foreclosure Defense is one of the most misunderstood foreclosure states in the country. On the surface, it looks like a system that favors banks. Cases drag on for years. Paperwork piles up. And homeowners often feel like they are fighting a losing battle. But that is not the whole story. New York is […]
This is what happens when the court looks at the timeline instead of just accepting the story. In a recent decision out of Nassau County, New York, the court dismissed a foreclosure action because it was filed too late. Not because of sympathy. Not because of technical tricks. But because the law was applied to […]
By Donna Steenkamp Head of Research at Living lies/Defend the Foreclosure Few documents in foreclosure litigation are treated with more blind acceptance than a MERS assignment. That is a mistake. When a MERS assignment appears in the file, many homeowners assume it settles the transfer issue. Some lawyers treat it the same way. But a […]
Let’s get straight to the point. Foreclosure cases are often presented as if the paperwork tells the whole story. A servicer waves around records, a lawyer recites a trust name, and everybody is expected to act as if the right to enforce has already been proven. But that is not how real litigation is supposed […]
Most foreclosure cases are decided on an assumption that is never actually proven. That assumption is simple: “If the bank has the note, they have the right to foreclose.” But that is not what the law says. And if you build your defense around that assumption, you will lose — even if the party foreclosing […]
There is one question at the heart of nearly every foreclosure case, and most courts still do not ask it clearly enough: Who is the creditor? Not who is the servicer. Not who has possession of paper. Not who filed the foreclosure. The real question is this: who has the legal authority to verify the […]
by Donna Steenkamp Head of Research, Livinglies.me One of the biggest myths in foreclosure defense litigation is believing that if the bank or servicer says your loan was placed into a securitized trust, then the case is over and they automatically have legal standing. That could not be further from the truth. A securitized trust […]
Most homeowners walk into court assuming one thing that is almost always wrong: that a company like Shellpoint , trying to take their home, actually has the legal right to do it. That assumption is the entire game. Companies like Shellpoint Mortgage Servicing depend on it. They rely on the court—and the homeowner—not looking too […]
Foreclosure defense is not magic. It’s not a trick. It’s not pretending you don’t owe money. It is one thing: making the foreclosing party prove its case with admissible evidence. Most foreclosure mills run on speed. They file thousands of cases using templates. They expect homeowners to panic, miss deadlines, or argue the wrong issues. […]
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