You think you sent it to XYZ, that it was received and processed by XYZ and XYZ issued that response. This is virtually NEVER true. In May 2022 the CFPB categorized FINTECH companies as servicers precisely because of what I described above. Did anyone take notice? No. "Defendants' deceptive business practices caused many of these Nevada foreclosures to proceed under…[...]

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Standing is established when the party pursuing foreclosure can "demonstrate that it had the right to enforce the note and the right to foreclose the mortgage at the time the foreclosure suit was filed." PNC Mortg. v. Romero, 2016-NMCA-064, ¶ 19, 377 P.3d 461 (alteration, internal quotation marks, and citation omitted). Third parties seeking to enforce a promissory note underlying a mortgage establish…[...]

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Tags: LSF9, McCRTHY AND HOLTHUS
Posted in foreclosure mill, legal standing |

Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff or beneficiary has the right…[...]

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Tags: judicial notice
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Servicer |

This dispute is governed by Article 9 of the Vermont UCC, which covers secured transactions. Article 9 provides that a creditor has a secured interest in collateral when the interest attaches, meaning "when it becomes enforceable against the debtor with respect to the collateral." 9A V.S.A. § 9-203(a). In general, a security interest becomes enforceable against the debtor when "value has…[...]

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we hold Pennsylvania law recognizes the tort of aiding and abetting fraud, and the scienter requirement for this cause of action is actual knowledge of the underlying fraud. Consequently, the decision of the Superior Court is affirmed in part and reversed in part. The case is remanded to the trial court for a new trial consistent with this opinion. Jurisdiction…[...]

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I have received many requests for representation from homeowners in various stages of their cases. These are coming in daily. I seek no referral fee. I only want lawyers who are in it to win it --- not merely to seek a modification with companies who pretend to be lenders or represent lenders or successor lenders. Some are "current" in…[...]

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The named defendant's petition for certification to appeal from the Appellate Court, 202 Conn. App. 540, 246 A.3d 4 (AC 40959), is granted, limited to the following issues: "1. Did the Appellate Court correctly conclude that the named defendant's challenge to the plaintiff's standing to prosecute this action, and, thus, the trial court's subject matter jurisdiction to adjudicate the matter, represented an improper…[...]

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Posted in legal standing |

I have a limited roster of lawyers willing to consider engagement to defend foreclosure cases to win them, not just settle or modify then "loan." I have agreed to triage the cases before referring them. Submit your complete and accurate information by submitting our registration form without any cost or obligation. The information will only be shared with a prospective…[...]

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The problem is what financiers have said for centuries --- he who controls the purse strings controls the politics. Periodically people force the financiers back from the front line of politics, but they always come back. I get emails from all parts of the political spectrum and I read all of them with a giant scoop of skepticism because they…[...]

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MSRs are an abbrevation for a false label: Mortgage Servicing Rights. These rights are claimed by companies who eprform no servicing functions and receive no paymetns from heomwoners nor do they make any distributions to creditors. They are in it for the foreclosure, not the accounting and administration. While there is a certain value in retaining a contract to perform…[...]

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Tags: best evidence rule, business records exception to hearsay rule, hearsay rule
Posted in Uncategorized |