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Alright, so you’ve found yourself facing an “unlawful detainer” order, which is often the next step after a foreclosure on a home. We are helping many clients in non-judicial states with this issue but it can also be a tactic to get you out of your home in states with a Judicial foreclosure process. This […]
The core of defending against foreclosure is getting the right information during court proceedings. The goal here is to ask questions that neither the bank’s lawyer nor the bank itself can answer. Specifically, you want to question the real existence of the debt, who really owns it, and who has the right to collect or […]
When people talk about bankruptcy, they often feel overwhelmed and confused by the legal jargon. But it’s crucial to understand these laws, especially if you’re trying to protect your home. One way to do this is by filing what’s known as an “adversarial action.” An adversarial action in bankruptcy is like a separate lawsuit within […]
Foreclosure is a word that makes many homeowners cringe. Homeownership is a part of the American Dream for many, but it can quickly turn into a nightmare if you face foreclosure. Foreclosure means that the bank is trying to take your home. It’s a difficult situation that many homeowners find themselves in, but it’s not […]
There are two broad classes of investors. First the ones who drank the cool-aids and second the ones who didn’t. * The ones who drank the cool-aid are managers that responded to promotional literature and extra judicial statements about what they were buying. In summary they thought they were buying into the lending marketplace without risk because their […]
I frequently need to guide homeowners and their attorneys away from generic labels. When the word “creditor” is used, it could mean a servicer without ever corroborating the principal. The company named as servicer may in fact be construed as performing a service and that service might even be tied to the presentation of the named or designated […]
Most homeowners want to forget about a foreclosure before it even begins. They ignore it until it is too late to do anything about it, even though the claim is false. After the foreclosure sale is falsely reported as “complete”, it is even less likely to think about “surplus funds” that might due to the […]
The thing I hate most about politics is that it is largely based on mob mentality. As a member of a group, there is a tacit or direct message that some person running for office is “your guy or gal.” Most people do not realize that their “membership” is conferred in their own minds. Others […]
So while Mr. Cooper/Nationwide was preptending to process payments, ACI was doing it. I have been railing about this for 16 years. It is a simple problem for the laws of evidence. If Mr. Cooper was not processing the payments, then records offered in court or to the homeowner are irrelevant hearsay — because the […]
Here is an exercise that enables readers to teach themselves the substance, tactics and strategies that can and will produce verdicts and judgments for homeowners —- if the tactics and strategies are applied in a timely and proper manner. This is how I do it when I win. Get paper and pencil and get together […]
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