Archive for 'legal standing' Category
Evidence is what matters in Foreclosure cases. Not just claims. Not just assertions based upon what you believe to be true. Not just what others have told you is true. Hard, Cold evidence documented by Industry professionals that is specific your case. Professionals qualified by the courts as experts. Professionals who have testified at trial […]
Are you facing foreclosure? When the bank comes knocking, threatening to take your home, it can feel like the end of the world. But let me tell you this: foreclosure is not the end of the road. Homeowners have rights. What are the best ways to stop a foreclosure? Let’s break it down in plain […]
If you are facing foreclosure, you are being told a story. The story goes like this: the bank has the note, the loan is in default, and foreclosure is just a formality. That story is often false. The truth is much simpler—and far more powerful: No legal standing in foreclosure means no right to foreclose. […]
Why Legal Standing Matters and How MERS Fits In What Is Legal Standing? Legal standing refers to the right of a party to bring a lawsuit in court. In foreclosure, this means the lender must prove they have the legal right to foreclose — either by owning the loan or by showing authority to act […]
Once of the most common problems readers of our blog describe is trouble finding a foreclosure defense attorney to take their case. Not only take their case but even listen to them! In our experience this is a result of two main issues. 1. Expertise We often say amongst our team here at livinglies that […]
Hello, Lance Denha esq. here to discuss a 12 step program to defend against a foreclosure in a non-judicial state, as well as a judicial states. In a non-judicial foreclosure state, the foreclosure process typically does not involve the court system, and the lender can foreclose on a property without filing a lawsuit. The lender […]
Standing is established when the party pursuing foreclosure can “demonstrate that it had the right to enforce the note and the right to foreclose the mortgage at the time the foreclosure suit was filed.” PNC Mortg. v. Romero, 2016-NMCA-064, ¶ 19, 377 P.3d 461 (alteration, internal quotation marks, and citation omitted). Third parties seeking to enforce a promissory […]
Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff […]
The named defendant’s petition for certification to appeal from the Appellate Court, 202 Conn. App. 540, 246 A.3d 4 (AC 40959), is granted, limited to the following issues: “1. Did the Appellate Court correctly conclude that the named defendant’s challenge to the plaintiff’s standing to prosecute this action, and, thus, the trial court’s subject matter jurisdiction to adjudicate […]
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