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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see xhttps://www.wsj.com/articles/coinbase-armed-for-legal-clash-over-how-crypto-is-regulated-dc08f85b?page=1 WHO CAN WE CHEAT? The predominant business formula by which trillions of dollars are transferred from ordinary people to people without a conscience is based on a lack of disclosure and outright lying. The problem for such players is that it is technically illegal to cheat and lie. But just because something is illegal doesn't make it impossible.…[...]

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The CFPB release says "It is illegal for debt collectors to sue or threaten to sue to collect debts past the statute of limitations." The more subtle message is that Wall Street needs to stop making claims and threats on claims that either never existed or don't exist anymore. And that is not just about the statute of imtiations. I…[...]

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The first question is, "if it wasn't a loan, then what is it?" Lawyers and homeowners get hooked on this question because they think it is up to them to answer it. But the first rule of procedure and due process is that if you have a claim, then you need to describe it. If it is left to your…[...]

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“We already see how AI tools can turbocharge fraud and automate discrimination, and we won’t hesitate to use the full scope of our legal authorities to protect Americans from these threats,” said FTC Chair Lina M. Khan. “Technological advances can deliver critical innovation—but claims of innovation must not be cover for lawbreaking. There is no AI exemption to the laws…[...]

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According to recent reports: MSR trading volume this year is on pace to meet or exceed last year’s robust mark, when some $1 trillion in MSRs exchanged hands — then fueled by the spike in interest rates. The trading volume of MSRs so far this year is on pace to meet or exceed last year’s robust mark, when some $1…[...]

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Posted in Corruption, securities fraud |

Whenever anyone refers to your transaction as a loan, you should be objecting at the earliest possible moment (or else it is waived), and you should be moving to strike the phrase from the court record. But you need to do so properly. * Up until now and for the foreseeable future, homeowners will continue to lose their cases by either waiting…[...]

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