Archive for 'Pleading' Category
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 […]
If you’re reading this, you’re probably facing a foreclosure notice, a lawsuit, or a sale date. And you’ve been told the same thing everyone gets told: “You’re behind, so they can take the house.” That statement is not the law. It’s a sales pitch. Foreclosure is a legal action. In court (and even in many […]
Let me say this plainly. Homeowners do not lose foreclosure cases because they are wrong. They lose because they use the wrong strategy. And one of the most common mistakes we see is this: adding causes of action that sound powerful — but actually weaken the entire case. This happens frequently when pro se litigants […]
The Problem with Many Foreclosure Attorneys Foreclosure defense attorneys can take your money and not help due to lack of subject matter expertise Foreclosure Defense is a specialty and there are not a lot of lawyers with this expertise Many have conflicting interest with banks and servicers Many have no trial experience; Foreclosure Defense is […]
We see so many clients come to us after failing in court that we thought it important to share exactly which battles are important to fight in Foreclosure and which ones to skip. After 20+ years of doing this nationwide who better than us to share with you some of the mistakes we see. Which […]
The reality of Judicial bias in the courts Judges display a tremendous amount of court bias against homeowners in foreclosure cases. Especially when they are representing themselves. They often trust banks more than homeowners. That doesn’t mean you can’t win. Strategies to Overcome Judicial Bias in the courts – Stick to facts, not emotion.– Demand […]
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 […]
Let’s break down foreclosure battles into simple terms. Imagine you’re playing a game where the odds feel stacked against you, and you’ve been told from the start you’re going to lose. That’s how it feels for many of you fighting illegal foreclosures to keep your home. Many Lawyers often don’t want to touch these cases […]
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 […]
In the complex landscape of foreclosure defense, the role of a skilled attorneys is paramount. So many of you told us of your struggles in finding an expert in this are I thought it important to share the importance of why Foreclosure Defense is such a specialty. These legal professionals bring a wealth of knowledge […]
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