What Makes a Mortgage Assignment Effective? For an assignment of mortgage to be effective: The property owner must be given notice by the current mortgage holder. The new owner must be clearly identified. The mortgage must be recorded and appear facially valid (in compliance with statute). There is no time limit on recording, but validity depends on more than appearances.…[...]

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Lavis v. Reverse Mortg. Sols., No. 18-2180, at *6 (4th Cir. July 14, 2022)  the trial court “stated that "[a] finding that RMS is entitled to tender, despite its disregard of its obligations over a period of years and its failure to take any measures to preserve its rights under the statute, would incentivize lending institutions to follow RMS' poor…[...]

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I have had a large number of decent civil conversations with many people who consider themselves lifelong conservatives and who use the slogan "Stop the Steal." My conclusion is that they believe in the slogan. And they are not attempting to propel lies into public discourse. They understand the facts. They continue to promote the slogan because it stands for the…[...]

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It all starts with the assumptions you make at the beginning of the case, which is actually the declaration of default.  There is only going to be one witness designated by one company and proffered by one lawyer who is prosecuting the claim for foreclosure remedies. That one witness is generally a contract labor "employee" who knows absolutely nothing relevant…[...]

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I take a break from my usual advice, consulting, strategies, tactics, and research on the current excesses in our economic system that allows lying and stealing to be covered and allowed as "capitalism." Stealing is not capitalism. The sanctity of the contract requires consent. Homeowners had no idea about the true nature of their transactions with entities posing as lenders.…[...]

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As previously reported there is abundant statutory and case law support for holding the credit reporting companies (CRCs) liable for publishing false credit reports went they fail to conduct adequate due diligence. This is covered by the Fair Credit Reporting Act 15 U.S.C. §1681 et seq.  Like everyone else in the orbit of securitization claims their entire business (or most…[...]

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Why “Investor Trusts” in Foreclosure Cases May Be a Legal Illusion No Witness from the Named Claimant In foreclosure trials, one glaring fact repeats: there is never a competent witness from the named claimant. Instead: Testimony comes from independent contractors with no personal knowledge. They claim to be “familiar” with a servicer’s records, not the trust’s records. Courts accept this…[...]

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This letter directly addresses the fake currency known as cryptocurrency. The signatories are all major players in the arena of electronic commerce, payments, and communications. Their point is simple: the fact that someone could develop a method of encryption that is difficult to break is not a reason to label the end product as "currency." It isn't and it never…[...]

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The plain answer is no. I have tried a number of times to hold foreclosure mills accountable. But unless I was able to allege and use exhibits to support the allegations that the lawyer knew (i.e. personal knowledge) that he/she had no client, that there was no claim, that the claims were a fraud upon the court, etc., the lawyer…[...]

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Admissions in Court Can Trap Homeowners One of the most important—and least understood—facts about litigation is this: admitting an allegation, implied allegation, or even an argument in court makes it legally “true” even if it has no basis in reality. That’s why homeowners often lose cases unnecessarily. By admitting that a servicer is legitimate or that a PSA is a…[...]

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