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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The declaration is a document that no bank would accept because of all that is missing. it is no technical objection when the homeowner owes nothing to the declared claimant, Plaintiff, or beneficiary.  * In many cases, some "declaration" or "certification" is issued to support the attempt to achieve a successful result in foreclosure remedies. In none of those cases…[...]

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It all comes down to this: ASSUME NOTHING, CHALLENGE EVERYTHING. THE TRUTH IS THAT YOU DON'T KNOW ALL THE ASPECTS OF THE TRANSACTION IN WHICH YOU EXECUTED "LOAN DOCUMENTS" AND YOU DON'T KNOW IF THEY WERE "LOAN DOCUMENTS". YOU ONLY KNOW THEY HAD A LABEL ON THEM AND YOU WERE EXPECTING A LOAN. THEY WERE LYING THEN AND THEY ARE…[...]

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Most of the long-standing transactions with homeowners were falsely dubbed as "mortgage loans." And most of the false premises are compounded by additional false premises in the form of forbearance, modification, and other agreements that effectively change the name of the designated "lender" and conceal the absence of an unpaid loan account by many layers of "documents" that are fabricated,…[...]

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The basic idea is not to give a single inch. If you do, you lose. Don't accept a single assumption or presumption as though it was really true. It isn't. Always focus on what is missing. Correspondence allegedly from the designated "Servicer" is not signed. It is always ended with a reference to some nondescript team. So if it is…[...]

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The articles appearing on this blog and appearing for the next two weeks have been written in advance and scheduled for publication. Last week I was presented with another medical challenge resulting in my hospital stay. I was admitted last Friday, and I believe that I will be discharged on Thursday, but I will probably be unable to work until…[...]

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So I recently received an inquiry from a homeowner who is a long-term contributor to this blog asking how and why Wells Fargo got involved in her case. From the information that had been disclosed and recorded, Wells Fargo had nothing to do with it. But here were reports from Wells Fargo to investors, including information about her transaction. And…[...]

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I think that both lay people and lawyers are not comfortable unless they are trying to prove something. But the way to win these cases is the reverse --- by not proving anything or saying anything you need to prove. The only thing you want to say when you get the chance is, "Judge, we are filing discovery demands relating…[...]

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Here is my updated report to a client redacted as to particular facts and dates. I offer it as a model for how I look at these cases and how you can look at documents and arrive at conclusions that differ from what the documents say has occurred. * Keep in mind that all documents are hearsay and are not…[...]

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The goal for homeowners should be to win the case, not to delay it or get a settlement. No meaningful settlement will be offered until you have demonstrated that you are in it to win it, which means that you are truly ready to go to trial. Until then, you present no risk to the securitization infrastructure and the case…[...]

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