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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Foreclosure mills CAN win because they make a claim, and the system gives them relief unless there is a legally recognized defense alleged, presented and pursued. Homeowners are not required to prove anything. They only need to stop their opposition from proving a claim. Homeowners CAN win even if they did breach a loan agreement if the evidence against them…[...]

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What you need to realize is that this is all about technical law. It is not an argument. It doesn't matter whether the act was ministerial or could be labeled as anything else. The question is simply whether they did it. Don't get lost in the weeds. If they did it, then the company that was designated as the "servicer" did…[...]

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In one case that I eventually won in 2016, I actually Titled a pleading, "At what point do this Court's orders mean anything?" After reviewing approximately 10,000 cases starting in 2006, I have arrived at the conclusion that judges are unintentionally or unwittingly being drafted into an illegal scheme. Take some examples: Suppose John Smith wants to file a lawsuit…[...]

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Law students are taught only two forms of securitization: (1) divide an asset to sell to multiple investors or (2) divide ownership of the whole asset into multiple shares between investors. They are never taught anything about the dozens of other forms of securitization, most of which form the foundation of current practices. The main applicable form of securitization as…[...]

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