What you are looking for is corroboration that the account exists and corroboration documents showing that consideration was paid and not just recited on the transfer document on paper.  * If you don't demand the right thing or if your demand could be interpreted as asking for something other than what you are after, then you are creating a backdoor…[...]

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The abuse of words is an essential ingredient in any scam. The reason is that the listener or reader has a complex idea of a specific word. By knowing that idea is in the head of the victim, the scammer can extract money and services, and even products from him or her. Madoff used the word "investment" and people assumed…[...]

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Ultimately, the claim made against the homeowner must make common sense.  But getting there requires litigation skills. But it is true that ANY lawyer that simply follows standard defense strategies can win these cases for homeowners. The key is always lack of foundation in business records and hearsay objections. But the standard error being made in court consists of (1)…[...]

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Tags: foreclosure defense
Posted in Corruption, discovery, evidence |

In 2005, reports started surfacing about fabricated documents, forged documents, and back-dated documents being used to promote "foreclosure" remedies. This one w as issued and submitted to the Supreme Court of New Jersey in 2010. Like Florida and dozens of other states, the Supreme Court and lower appellate courts continued to ignore the most obvious conclusion: presumptions arising from such…[...]

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the Foreclosure Abuse Prevention Act (A7737B), recently signed into law by Governor Kathy Hochul, is transformative legislation which may cause the dismissal of thousands of pending foreclosures with prejudice To the delight of court administrators, the changes will cause the permanent dismissal of thousands of foreclosures which have congested the civil docket over the past decade. An article was recently…[...]

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Good trial lawyers will easily understand that they don't need to prove fraud because it is not their client who is making a claim. * They only need to test the evidence to show that there is insufficient evidence to support the inferences and presumptions raised by the current mountain of fabricated, forged, backdated, and robosigned documents (mostly by computers…[...]

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If you don't know the rules, you can't win the game. And remember, to the foreclosure mills and faux "servicers" and faux "trustees", this is all a game for which we pay every day as owners, taxpayers and consumers. * One of the interesting things about this is how much they get away with by NOT saying something. The affiant…[...]

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Just to reiterate the strategy I wish to promote (because it has been 65%-80% successful), the rules of engagement are as follows: Attack as soon as possible --- even as early as post closing. Demand the identity of a creditor who has created an unpaid loan account memorializing a "loan" transaction. (FDCPA-DVL and RESPA-QWR) If procedurally late, consider bankruptcy chapter…[...]

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Without compromising my journalist credentials, I will simply say that the source is 100% reliable and the information is 100% confirmable. The person is well versed in the accounting and auditing of securitization transactions --- and as far back as January 2006, the accounting profession was deeply aware of the inherent problems in the way that securitization was claimed to…[...]

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Recently Forbes published an article by John  Wake entitled "Congress Could Have Prevented 500,000 Foreclosures During The Great Recession But Chickened Out." Echoing what Elizabeth Warren and Katie Porter have been advocating for years, it points out that cramdowns best preserve real loans in which both sides take a hit, but neither side gets a windfall. * To be clear,…[...]

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