Archive for 'Uncategorized' Category
This issue is so common that I making a blog post out of my answer. The most common question I received is whether I know of a lawyer who “gets it” and who practices in the jurisdiction in which the subject property is located. We are not a lawyer referral service primarily because it is […]
Upon reflection, I think part of the problem is that most people including judges, don’t truly understand the meaning of the word “default.” A default does not exist just because someone declares it. If it isn’t a creditor known to the debtor then it is not even facially valid. A company named as a designated “servicer” is […]
I think the biggest problem for homeowners can be summed up in two sentences. First they believe there is something they should feel guilty about. Second, they don’t know the difference between (a) documents that can say anything and be prepared at any time and (b) original source (best evidence) documents. Homeowners are regularly outwitted […]
I am rapidly coming around to the view that the only effective defense narrative is one that challenges the existence, ownership, and status of the alleged unpaid loan account due from the homeowner. * I think if you don’t make that challenge the judge, in any case, is going to assume and even apply legal presumptions […]
Start with the Basics: QWRs and DVLs The first thing you need to know: there is no obligation to answer a notice if the questions are not related to confirming the: Balance due Existence of the obligation Ownership of the loan Servicing details Status of the underlying obligation Many homeowners (or their lawyers) draft QWRs […]
Batter up! When a player steps up to home plate to take a pitch it doesn’t matter that he tends to hit a lot of home runs. No run or point is tallied in the absence of actually hitting the ball over the fence. And if he swings and three pitches and misses, it doesn’t […]
Daniels v. Select Portfolio Servicing, Inc., No. 19-10204 (11th Cir. May 24, 2022) The fact pattern sounds like something out of Gulliver’s travels. Statements are regularly sent to homeowners using the letterhead of a designated company who is claimed to be a servicer. Those statements are submitted because they are legally required to be sent […]
Wall Street investment brokerage firms acting as investmetn banks or commerical banks are now jittery about the possibility of 50+ attorneys general taking a hard look at the sale of complex financial products to consumers. Those firms know that feelings on main street are still raw. An ambitious State AG who seeks higher office might […]
It is by exposing the virtual nature of the transactions that allows homeowners to win in high numbers. It is by suppressing the truth about the transactions that the Wall Street investment banks and securities brokers make all their money. * In one of my consulting jobs, I am assisting the homeowner — along with […]
I often receive links to cases that either corroborate what I have been saying or challenge my conclusions. Many of those links are opinions from trial courts, and most of those are from Federal DIstrict judges (mainly because most, but not all, state court judges do not issue opinions justifying their rulings. Even in best-case […]
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