Archive for 'Uncategorized' Category
Skeptics often confront me to say that judges refuse to listen to their arguments. My response is always the same. But nobody likes the answer. Judges will listen if you have something relevant to say, and you are saying it in proper form and in a timely manner. Both homeowners and lawyers fail to present […]
People often say that using the QWR and DVL is useless because you don’t get any answers. But that is exactly my point. It is like pleading the 5th. In a civil proceeding, the refusal to answer raises any inference implied by the question asked. Whoever you are out there, stop trying to prove something. […]
Even judges are sent to school before they take the bench. For the last few decades, every catastrophic economic event has been the direct result of the declining use of experts and the politicization of bare-bones facts. It was not malpractice tor repeal the Glass Steagall act or to waive the normal and customary rules […]
Why would anyone allow the forced sale of a home to satisfy a claim for that remedy if the claimant had no right to receive any compensation or restitution from the homeowner? The only real claim by any claimant in foreclosures today is that they possess the information and have built an infrastructure around it. […]
This is a zero-sum game, but not in a good way. There is nothing on the side of the grantor and there is nothing on the side of the grantee. The trust, trustee, and servicer have nothing. And the attorney has not heard from or been hired by any of them. Start with the supposition […]
One of the tricks played by lawyers who work for foreclosure mills is to use a motion for the court to take judicial notice of a certain document. While it is usually technically construed only as the document exists, it is practically construed as a memorialization of true facts. Mohanna v. Wilmington Sav. Fund Soc’y […]
It sounds like a lot of money, and it is. But it is dwarfed by the sums of money generated by their false claims of debt securitization. This is the start of reporting on how Wall Street converted investor money to their own money and how they converted everyone else’s money to theirs. Just remember, […]
Even if a consumer thinks they owe a debt, it is still up to the lawyer who initiates the collection or foreclosure action to prove that they have a client that owns the debt, has the right to file suit, and has enough documentation to prove a debt is owed. They may not be able […]
It is not a business record unless it is a record of the business conducted by the company that is the source of the report. (No exceptions). If it is not a business record then it is hearsay. Hearsay is not admissible evidence. Stop thinking about whether you owe the money and start thinking about […]
under Federal and State law, it is up to the Lender to tell the truth, i.e., that it is the lender and that it is creating a loan account that can be reviewed by the borrower. BUT the choice of the terms “lender” and “borrower” is a representation that has been almost universally untrue. Without […]
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