Foreclosure defense lawyer addressing servicer misconduct ATTORNEY NETWORK CLICK HERE: Lawyers That Get It – 0310 Over 150 Lawyers in Our Network — Covering 37 States Disclaimer: This article is for informational purposes only. It is not legal advice. Always consult with a licensed attorney in your jurisdiction regarding your specific case. Finding the Right Foreclosure Defense Attorney We now have a growing network of over…[...]

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Lawyer Network Continues to Expand over 150 Lawyers in 37 states Lawyers That “Get It” Listing – 0310 Lawyers to check out: No Guarantees, and bear in mind Lawyers have to pay a mortgage and feed their family. We have information that these attorneys are knowledgeable in the defense of foreclosure cases and capable litigators who can defend the property and perhaps…[...]

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This issue is so common that I making a blog post out of my answer. The most common question I received is whether I know of a lawyer who "gets it" and who practices in the jurisdiction in which the subject property is located. We are not a lawyer referral service primarily because it is challenging and expensive to keep…[...]

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Upon reflection, I think part of the problem is that most people including judges, don't truly understand the meaning of the word "default." A default does not exist just because someone declares it. If it isn't a creditor known to the debtor then it is not even facially valid. A company named as a designated "servicer" is not necessarily working for the…[...]

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I think the biggest problem for homeowners can be summed up in two sentences. First they believe there is something they should feel guilty about. Second, they don't know the difference between (a) documents that can say anything and be prepared at any time and (b) original source (best evidence) documents. Homeowners are regularly outwitted by Wall Street investment firms.…[...]

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I am rapidly coming around to the view that the only effective defense narrative is one that challenges the existence, ownership, and status of the alleged unpaid loan account due from the homeowner. * I think if you don't make that challenge the judge, in any case, is going to assume and even apply legal presumptions such that as the trier…[...]

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Foreclosure Defense Attorney Reviewing Documents Start with the Basics: QWRs and DVLs The first thing you need to know: there is no obligation to answer a notice if the questions are not related to confirming the: Balance due Existence of the obligation Ownership of the loan Servicing details Status of the underlying obligation Many homeowners (or their lawyers) draft QWRs or DVLs that look like…[...]

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Batter up! When a player steps up to home plate to take a pitch it doesn't matter that he tends to hit a lot of home runs. No run or point is tallied in the absence of actually hitting the ball over the fence. And if he swings and three pitches and misses, it doesn't matter that he could have…[...]

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Daniels v. Select Portfolio Servicing, Inc., No. 19-10204 (11th Cir. May 24, 2022) The fact pattern sounds like something out of Gulliver's travels. Statements are regularly sent to homeowners using the letterhead of a designated company who is claimed to be a servicer. Those statements are submitted because they are legally required to be sent to the homeowner. But they…[...]

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