Archive for 'Uncategorized' Category
If you ever saw the movie “My Cousin Vinnie,” you saw his description of how you build a case against someone or a defense against the claim. It is like brickwork. While some lawyers (myself included) have occasionally been successful at getting rid of a case in one fell swell early swoop, it is rare. Each element […]
It occurs to me that most homeowners and most consumers who think they are installment payment contracts could send the following example of a letter I recently proposed to a client. If many homeowners and other consumers of financial products did this, it would raise the level of awareness in government and might even produce […]
In no case has any successor to MERS ever been alleged or proven. Unless some third party acquired both the originator and the underlying obligation from the defunct originator (which never happens), no party can direct MERS. The problem with the law is that you must scrutinize every word down to the smallest component or you risk […]
“Title” means that legally the person possessing title has the right to treat the subject property as his/her/their own and to use such property in any legal manner. In thumbing through the latest edition of Florida Secretary and perusing the approved forms for use in law practice, it is obvious that one thing is very […]
the lawyer representing you might consider forcing the issue and asking whether the claimant is asserting HDC status. Or the lawyer might assert to the judge that the presumptions the lawyer from the foreclosure mill wants the court to use in considering the arguments of the case are the equivalent of treating the claimant as […]
The general point of law here is that no amount of paperwork will make a transaction real if there was no money paid. And no amount of arguing to the contrary is legally recognizable or acceptable — unless one simply presumes the transaction was real regardless of whether it happened or not. The corollary is […]
What I have told clients of mine is that when seeking a lawyer who will play ball with us, you should see what pushes their buttons. Still, the main message is that “we know a guy who has won cases all over the country in which Judges ruled that the named claimant never owned any […]
I have received a number of chat inquiries and registration statements in which homeowners have fat-fingered their own email addresses. They are probably thinking that the free service we say we are offering is just a sham. But the real problem is that I have no way of contacting them if their email address does […]
The homeowner has committed no sin. If a scheduled payment has been missed, nobody loses any money. And the homeowners who are making the scheduled payments are contributing to the revenue and profits of entities who have obtained the signature, reputation, and property of the homeowners under false pretenses. * Practically all law — i.e., […]
Many of the cases are technically “won” by homeowners who successfully point out that at the time the foreclosure commenced, the named claimant (plaintiff/beneficiary) did not have possession or construction possession of the promissory note and therefore had no legal standing to file suit. Common law precedent asserts that the judge is mandated to dismiss […]
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