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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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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