The central issue is not whether the homeowner owes a "servicer" any money. The central issue is whether the homeowner owes a creditor money. Wall Street securities firms (Investment Banks) have many tricks by which they make fictitious claims appear to come alive. It is like those movies in which animated characters join the "Real-Life" figures. We accept this because…[...]

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The problem with free speech is that it enables people to lie without fear. It is the dominant method of securing patrons for your business, votes for your candidate, and investors for your stock. Although frequently illegal, it doesn't stop anyone from doing it. Only the lowly go to jail. The real big liars go on to make more pornographic…[...]

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Posted in Wells Fargo |

Bill Paatalo published his analysis and frustration with the way that lawyers create "shades of gray" when there is nothing to be seen. See attacking-the-powerless-and-deceptive-limited-power-of-attorney-documents-in-foreclosure-litigation/ My instruction to lawyers is (a) stop being lazy, (b) read each word carefully and (c) think about what you have read. The answers are all right there in front of you if you just…[...]

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The best practical time to challenge the pretender lender in any jurisdiction is when the homeowner receives a "notice" (usually unsigned) announcing that some company is now their servicer. That is a lie, and effective use of the Administrative Process provided by statute can stop them. Later, the best practical time to challenge the pretender lender in nonjudicial states is…[...]

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The second requirement is usually completely ignored by the homeowner, the lawyers, and the judge. But it is still there. The possessor of the note, once that is established and confirmed by competent evidence, must allege and prove that it is authorized to enforce the note. By legal definition accepted in all jurisdictions, a holder is not a holder in due course…[...]

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Why “Not Losing” Is the Real Strategy In foreclosure litigation, homeowners do best when they focus not on winning outright, but on not losing. The system is designed to presume that foreclosure is valid. To overcome this, the goal isn’t to deliver a knockout blow—it’s to keep the case alive and prevent foreclosure through procedure, discovery, and evidence challenges. The…[...]

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Tags: foreclosure defense, foreclosures
Posted in evidence, foreclosure defenses |

I am having a spirited exchange with a very experienced trial lawyer on the West Coast. We are discussing whether some declaration should be filed in a pending case where a Motion for Summary Judgment is pending. My answer is no, but a procedural objection should be raised on two grounds: (1) that the mere contact from a lawyer representing…[...]

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What Makes Someone an Expert? An expert witness is someone with knowledge beyond the scope of the judge. To qualify: You must show it’s more likely than not that the witness will testify about something the court concedes it doesn’t know. An expert cannot testify on conclusions of law (e.g., calling something “illegal” or “fraud”). The expert can testify to…[...]

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Posted in evidence, expert witness, foreclosure defenses |

Here is a simple tip: if the same company is named in other similar actions and that company did not receive the proceeds of the repossession or foreclosure, then the claim and the process was faked through and through. Hint: ask for proof or even a statmeent under oath that the company named as "creditor" is inteded and expected to…[...]

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Court procedure is a long and tedious process during which the parties make their points and counterpoints. If you don't make the point evident, you lose. If you don't make the counterpoint, you lose. If you lose, the opposition wins. This is about the rules, not justice or the pursuit of truth. Recently a client asked me to comment on…[...]

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