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 |

Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world. The answer is […]

Tags: money, note, restitution, title, transfer, TRUTH, unpaid debt
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading |

Since we know that most documents presented in foreclosure are inconsistent with other “securitization” documents it is only natural to suspect, assume and then corroborate that there are inconsistent sets of accounting records that are maintained to report different outcomes to the courts, the borrowers, the investors and the holders of contracts between the investment […]

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

Disclaimer: This article is for informational purposes only. It is not legal advice. Always consult with a licensed attorney regarding your specific case. Foreclosure Fraud Still Exists — Even as Volume Declines Although overall foreclosure volume has declined, the number of deficient and even fraudulent cases remains significant. As foreclosure cases continue to move through […]

Tags: investigator bill paatalo, Patrick Giunta
Posted in foreclosure defenses, legal standing, Pleading |

PRESUMPTIONS VERSUS FACTS The bottom line is that lawyers want to do the best possible job for their client and get the best possible result. They like winning. But sometimes they must protect clients against themselves. It’s true there are lazy lawyers out there who take money and don’t do the work. But most of […]

Tags: legal presumptions
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

The basic truth is that current law cannot accommodate securitization of mortgage debt as it has been practiced. In short, what they (the investment banks) did was illegal. It could be reformed. But until the required legal steps are taken that address all stakeholders virtually all foreclosures ever conducted were at best problematic and at […]

Posted in evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud |

Litigators often miss the point that the foreclosure is brought on behalf of certificate holders who have no right, title or interest in the debt, note or mortgage — and there is no assertion, allegation or exhibit that says otherwise. ======================================= GET FREE HELP: Just click here and submit  the confidential, free, no obligation, private REGISTRATION […]

Tags: Bank of New York Mellon, certificate holder, CERTIFICATES, HOLDER, Power of Attorney, subject matter jurisdiction, trust
Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

Amongst the lay people who are researching issues regarding who actually can enforce a mortgage, there is confusion arising from specific terms of art used by lawyers in distinguishing between a debt, a note and a mortgage. This article is intended to clarify the subject for lawyers and pro litigants. The devil is in the […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

Faced with a notice of foreclosure sale from a company claiming to be the trustee on a deed of trust, homeowners in judicial states are forced to defend using well known facts in the public domain that are not evidence in a court of law. This is particularly evident in scenarios like the Chase WAMU […]

Tags: Chase, FDIC, money, nonjudicial foreclosure, TRUTH, WAMU
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

The time may now be coming where the court systems and Federal and State legislatures must come to terms with two inescapable legal facts: (1) That borrowers who sent TILA rescission notices — and particularly those who sent them within 3 years of consummation of the mortgage — still own the land that was deemed “lost” in foreclosure. (2) That such borrowers […]

Posted in legal standing, Pleading |