Once of the most common problems readers of our blog describe is trouble finding a foreclosure defense attorney to take their case. Not only take their case but even listen to them! In our experience this is a result of two main issues. 1. Expertise We often say amongst our team here at livinglies that not only are we among…[...]

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In the complex landscape of foreclosure defense, the role of a skilled attorneys is paramount. So many of you told us of your struggles in finding an expert in this are I thought it important to share the importance of why Foreclosure Defense is such a specialty. These legal professionals bring a wealth of knowledge and strategies to the table,…[...]

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Last month I posted about our successful strategic foreclosure defense model. This model was developed by my mentor Neil Garfield over decades and has been utilized by pro se homeowners and the attorney’s we help with Litigation support services across the country. It has resulted in our being able to save thousands of homes in every state in our great…[...]

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Let’s stop pretending the foreclosure process is clean, fair, or based on real evidence. It isn’t. What most homeowners are facing is not a legitimate creditor enforcing a real debt. What they are facing is a servicer — a company with no ownership of the loan — using paperwork, assumptions, and legal shortcuts to create the illusion of a right…[...]

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Leveraging Discovery in Judicial and Non-Judicial States Through State Specific Statutes In the labyrinth of foreclosure litigation, the timing and strategy employed during critical stages can significantly impact the outcome. Our experience has revealed a paramount step often overlooked by real estate  homeowners, proving prejudicial in many cases. This negligence often allows foreclosure proceedings to progress unchecked until it is…[...]

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In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently. In many if not almost all cases, the party seeking to exercise the rights of the creditor…[...]

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PennyMac and others are pretending to be "servicers" but they're not, even though they do some servicing work. They’re using Black Knight’s systems to do it. Think of Black Knight as a big boss that controls a lot of the so-called “servicing records,” about 62% of them in the US. Because of this, companies can act like they checked the…[...]

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A Guide for Homeowners and Their Attorneys in Foreclosure Defense Did You Take a Loan? We've all been there, sitting in a courtroom, listening as the judge fires off a familiar question: "Did you take a loan?" Whether you're defending yourself or you've got a lawyer by your side, this moment can be nerve-wracking. But listen up, it's crucial to…[...]

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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 is a serious matter, so…[...]

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One of the most important things I learned from Neil Garfield in the time he was mentoring me and preparing me to take over his practice is this: When you're trying to figure out who has the rights to your home loan, don't get caught up asking about who has the paper note. Instead, focus on who truly has a…[...]

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