Making an offer to pay all that is demanded leads to some interesting issues that result in highly negative inferences for lawyers representing "clients" who are implied creditors --- i.e., companies or business entities that (a) exist and (b) own an underlying obligation to pay money (corroborated by an unpaid loan account receivable on the books and records of the…[...]

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I have received thousands of emails over the years in which partially informed laypeople have been radicalized into believing that the entire mortgage meltdown --- and the meltdown in other transactions that were labeled as "loans" --- was laid at the feet of the Federal Reserve. First, let me say that they are not entirely wrong. But blaming it on…[...]

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Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney before acting on anything discussed here. Why This Case Matters The case of DreamBuilder Investors v. MERSCORP Holdings, Inc. offers important clues for how to: Sue MERS directly, and Demand discovery from MERS (as either a party or a non-party). Like many…[...]

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Posted in Fabrication of documents, foreclosure defenses |

Over the years many lawyers and laypeople have sent me proposed motions to disqualify or bar opposing counsel from representing to the court that the bank he or she named in a complaint or claim is his client. It seems like an open secret that virtually no lawyer engaged in the foreclosure process is actually representing that bank; it is…[...]

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OK. There are several aspects here. The most important one is to educate the judge and persuade the judge to apply existing legislative laws specifically the state laws adopting 9-203 of the UCC verbatim. * Your problem is always that the focus on the note presumes that the note is evidence of an underlying obligation owned by the holder of the note.…[...]

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The assertion, allegation, or argument that the case even involves a trust or trustee requires a legal foundation. The legal foundation consists of a witness who is competent to testify about the jurisdiction in which the alleged trust was organized and is currently existing --- or who can testify competently and credibly about the authenticity of the document that created…[...]

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A better use of your time is not to find the John Does and instead simply attack the names being used to assert the claim. The John Doe investigation can only be successful if conducted by government agencies. It requires a deep dive into securitization which the courts have made clear is not a basis for defense or even claims relating to…[...]

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Yes they are part of a scheme in which if the facts were known, would be illegal and possibly criminal. The one thing you need to be careful about is challenging the system instead of the claim. If you want to win you need to challenge the claim. Systemic challenges are generally regarded as fringe conspiracy theories. * On the…[...]

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Recent correspondence with some of my contributors reveals the completely understandable desire to paint the opposition as thieves. The simple answer is that you don't need to do that and you probably will not be able to prove it until AFTER the foreclosure case is over. Even then, that proof will only be accepted in most cases if you won…[...]

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Greetings. I am recovering slowly from my heart attack and thank you to everyone who has sent me thoughts and prayers. I have recently received a question from multiple people citing case law or quotes from treatises about errors made by Judges. Non-lawyers jump to the conclusion that the presence of an error is sufficient to vacate a prior ruling.…[...]

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