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 |

The single basic tool of the investment banks, who are secretly running the whole foreclosure show, is musical chairs. By rotating the players they can successfully bar the courts and the litigants from knowing or pinning down who is real and what is real. All of that ends if you sue the investment bank. Look […]

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

The reference to “adverse possession” in any of these cases is not about legally changing title due to the statute of limitations enabling adverse possession. I know what that looks like. Possession that is adverse is not the legal definition of the statute governing “adverse possession”. Not even close. In this case the court was […]

Tags: adverse possession, statute of limitations
Posted in discovery, foreclosure defenses, legal standing, Motions, Pleading |

Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. The problem is not the judges. The problem is the lawyers who walk into court believing that the loan is real, claimant is real, the claim is real and that they are only looking for technical ways to get their client out of a […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Motions, Pleading, securities fraud |

The first and foremost thing about this is that where any loan is subject to claims of securitization, that claim is false. So no investor ever  bought any loan, debt, note or mortgage. Not ever. All documents claiming to memorialize such transactions are false. So the designated claimant has no claim. To win these cases […]

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

The fact that the foreclosure players know — or even witnessed — the fact that you refused to make any further payments makes them a witness, not a claimant.  * The investment banks say they are not liable as lenders for noncompliance with lending laws. OK. A good lawyer can make a powerful argument for […]

Tags: single transaction doctrine, step transaction doctrine
Posted in discovery, Eviction, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, securities fraud |

 “failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.” the Notice of Default stated that “[t]o avoid the possibility of acceleration,” Defendants were required to make certain payments […]

Tags: acceleration, declaration of default, decleration, statute of limitations
Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

Claims under state statutes or Federal statutes have different periods of limitation under which you can file suit. BUT — if the statutory duty that was breached is part of another claim that is not barred by the statute of limitations then you can survive a motion to dismiss or even an affirmative defense of […]

Tags: public policy, recoupment, statute of limitations
Posted in Motions, Pleading |