Hat tip to Wendy Allison Nora Even before I went to law school, when I was getting then called an "Advanced MBA"  I learned that notes are only pieces of paper. With the proper foundation, they could be evidence of something that is an agreement. * In law school, I didn't understand why the professor for the contracts class for…[...]

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In an article published by Rajesh Khanna, he absolutely understands and perfectly articulates the requirements of law concerning standing to bring a claim. But he does not understand and does not properly articulate the burden of proof or the burden of persuasion concerning that issue. Despite that deficiency, I recommend that both lawyers and pro se litigants read his article.…[...]

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I think the biggest mistake that trial lawyers and pro se litigants make is that they think their questions, especially those supported by forensic reviews, are sufficient to rebut the case. When the judges rule agasint the homeowner and for the foreclosure mill many people and lawyers think that the judge had a choice in doing that. That is mostly…[...]

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It is no surprise that Black Knight, previously known by other names including but far from limited to DOCX and Lender Processing Systems, is one fo the central control entities for the Wall Street investment banks in what is generally referred to as "securitization" schemes in which false claims are made regarding the securitization (sale) of unpaid loan accounts. Summer…[...]

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Multiple reports around the country have demonstrated that there is overwhelming evidence of corruption in the office that records instruments in the title chain of real property. * In a few rare interviews, the people who run such offices have complained that they are being forced to record documents that are actually outside of the chain of title. This is…[...]

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Hat tip to summer chic Echoing the questions issued by multiple judges when the mortgage meltdown became clear, the question I pose is the same as those posed by J udge Shack, Boyco and others back in 2007-2009: Why is it that the largest  financial conglmerates in existence continually invesst together in companies that aid theirrespective enterprises. They suppsoedly compete…[...]

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Most lawyers and even homeowners have heard that for a settlement or modification to be approved, it needs to go up through several layers. After comparing notes with Bill Paatalo, I believe the following is a true description of the enforcement infrastructure for virtually all transactions with homeowners arising from business schemes that serve to sell securities. The top rung…[...]

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For 25 years, Ocwen and the companies it has "acquired" through mergers or acquisitions have been falsely allowing third parties to use its name to pose as lenders and servicers. They have always been parties to Purchase and Assumption Agreements (both titled as such and using other titles) in which the complete ownership and control of any closing and servicing…[...]

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 In 2013, while I was litigating these cases in Tallahassee Florida, there were several circuit judges on the bench who were both thoughtful and analytical. They were the first ones (out of many judges) who questioned two specific aspects of the foreclosure crisis: (1) why were servicers changed so often? and (2) why were modifications seemingly random rather than following…[...]

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Business has been transformed from the sale of goods and services to procuring the private information and signatures of consumers to generate revenue far above "price" of the target product or service that the consumer believed they were purchasing. In the case of foreclosures or mortgage transactions, there is a complete absence of disclosure. In most other transactions, especially those…[...]

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