Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website. see Summary Judgment for Homeowner – Don’t give Up For those of you in foreclosure who may wonder if you have any rights, the answer is yes, you do! I recently won a summary judgment against a foreclosing bank […]

Tags: "modification" agreement, assignment of mortgage
Posted in evidence, foreclosure defenses, legal standing, Modification, Pleading |

I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing continued to violate the law of the land enunciated by the Supreme Court of the United […]

Tags: Bank of America, Hoang, jesinoski, SCOTUS
Posted in evidence, foreclosure defenses, legal standing, Pleading |

For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence. The situation worsened when Florida and courts in other states turned […]

Tags: Article 3 UCC, attorney fees for homeowners, extrinsic evidence, Fla Supreme Court, glass v nationstar, Ivanova, negotiability, parole evidence
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, legal standing, Pleading, Servicer |

I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center. I think a problem with TILA Rescission is that not even borrowers understand that the rescission issue is over. By asking a […]

Tags: debt, DEED OF TRUST, jurisdiction, Mortgage, note, TILA rescission
Posted in Corruption, foreclosure defenses, legal standing, Pleading |

Bottom Line: TILA Rescission is looming as a major risk factor to banks and investors who were not informed about the risk of TILA Rescission. The oddity is that the investors were not purchasing the loans and in fact agreed to replace the income stream from borrowers with an income stream from a fake trust. […]

Tags: Pleading, TILA rescission
Posted in evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

In answer to a number of very similar questions about the paid services we provide on www.lendinglies.com regarding the subject of Discovery, I submit the following: * The TERA will definitely give you narrative from which you can cut and paste questions or at least ideas on what questions you could ask in discovery. But […]

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

Hawaii Supreme Court Restores Balance in Foreclosure Cases Now that courts are less fearful of triggering an economic meltdown, judges are returning to legal decisions instead of political ones. The Hawaii Supreme Court has taken a major step in that direction with a landmark ruling reaffirming long-standing civil procedure principles and giving homeowners a fairer […]

Tags: ACCESS TO COURTS, bac home loans, Bank of America, countrywide, discovery, legal presumptions, legal standing, MOTION TO DISMISS, notice pleading, plasubility pleading, Reyes-Toledo, TRUTH, wrongful foreclosure
Posted in foreclosure defenses, Foreclosure Questions, Pleading |

I know I am going to take some heat for what I am about to say. In my opinion “getting it on the record” is an excuse for losing and implies that the judge’s decision was wrong and can be appealed when in fact the judge’s decision was correct and will be easily affirmed on […]

Posted in discovery, foreclosure defenses, Pleading |

multiple choice robo-pleading NO PLEADING: HOMEOWNER WON ANYWAY I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named […]

Tags: diversity jurisdiction, federal jurisidiction, OneWest Bank, standing, subject matetr jurisdicition, TRUSTEES, TRUSTS, TRUTH, US BANK
Posted in discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Motions, Pleading |

Most people really don’t completely understand our premise when we investigate, research, examine and analyze a case or case documents. We have several premises with which we start and check to to see if they apply. While the answer is short the work behind it is long and complicated. Let us help you plan your […]

Posted in legal standing, Motions, Pleading |