[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form] Wall Street Transactions with Homeowners Are Not Loans * I think the biggest problem for people understanding the strategies that I have set forth on this blog is that they don’t understand the underlying principles. It simply is incomprehensible to […]

Tags: fake securitization, REMIC TRUST, securitization, US BANK
Posted in Corruption, discovery, evidence, foreclosure mill, legal standing, Modification, Motions, securities fraud |

The mischaracterization of a condition precedent alters the burden of proof. (e.s.) If compliance with the HUD regulation is a condition precedent to foreclosure, the plaintiff carries the burden of proving substantial compliance with the condition when it presents its case, so long as the borrower has made a specific denial of the plaintiff’s allegation […]

Posted in foreclosure defenses, foreclosure mill, Motions, Pleading |

I have just received a slew of inquiries about what to do when the  foreclosure mill files evasive responses and objections. Here is the answer. Discovery consists of the following steps toward victory: Framing your answer, affirmative defenses and/or allegations such that you are challenging the status and ownership of the underlying debt. Draft your […]

Tags: discovery
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, Motions, Pleading, Servicer |

Modifications are tricky. They are trickier than you think. First of all the offer is made by a company who has no right to act as “servicer” or to change the terms of your contract. By changing the apparent lender or creditor to the named servicer, the agreement is probably tricking you into accepting a […]

Tags: "modification" agreement, delinquency, hardship
Posted in Corruption, discovery, legal standing, Modification, Motions, Servicer |

see https://www.natlawreview.com/article/district-court-requires-plaintiff-to-disclose-evidence-about-noneconomic-loss I have been writing, lecturing, and just saying the same thing since 2006. Homeowners don’t need to prove anything. The objective in Foreclosure Defense is to prevent the claimant from pursuing their claim. If you are not willing to do all the necessary   work and to make certain you have it right, then […]

Tags: discovery, foreclosure defense, motion for contempt, motion for sanctions, motion for summary judgment, Motion IN Limine, Motion Practice, motion to compel discovery
Posted in discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading |

Major banks, including Citigroup, JPMorgan and Morgan Stanley used massive trading revenues to beat profit expectations despite the continued struggles of the United States economy during the coronavirus pandemic. Those trading units tend to perform best when markets are volatile, helping to guard the major banks against economic struggles. see https://www.cnbc.com/2020/07/17/without-big-wall-street-trading-arms-regional-banks-lean-on-mortgages-and-fees-to-beat-earnings.html Way back in 2006 and 2007 and when I first […]

Posted in Corruption, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

In all jurisdictions, even if the trust has some assets, and therefore legal existence as a legal person, if the asset in question has not been entrusted to the trustee on behalf of beneficiaries, the existence of the trust is completely irrelevant. And all claims arising from the supposed existence of the trust are also […]

Tags: inchoate, presumptions, trust existence, Trust Law, trustee
Posted in Corruption, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Servicer |

Many thanks again to Attorney Gary Dubin for bringing this to my attention. == The current hodgepodge of decisions that I have always maintained were merely vehicles to discourage appeals is taken to task in this well-reasoned decision. In Hawaii the rule is now no bond pending appeal or low bond pending appeal. The Hawaii […]

Tags: appeal, BOND, Dubin, supersedeas
Posted in discovery, Eviction, evidence, Motions |

Francesca Mari in the JUNE 11, 2020 ISSUE of The New York Review of Books, has written a truly excellent piece on a book called “Homewreckers” by Aaron Glantz.  If you ever had any doubt about whether homeowners have the moral high ground and whether the investment bankers have no moral or legal grounds for […]

Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

A sham affidavit is one that asserts facts that are inconsistent with facts alleged in pleadings or previously proffered in discovery, prior affidavit or proffered documents. This happens a lot in foreclosure cases when foreclosure mills file motions for summary judgment. They often casually change the claimant by reference or name adding some power of […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Motions, Pleading, Servicer |