since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. TILA-RESPA integrated disclosures (TRID) is…[...]

Continue Reading

Tags: TRID
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Modification, Servicer |

Most people do not spend their time keeping up with advances in technology. When it comes to their front door they know it has arrived. For about 12 years I have been telling people that there is a "high probability" that no human is making any decision and no human is doing anything with respect to their alleged loan account.…[...]

Continue Reading

Posted in Uncategorized |

Why This “Boring” Statute Matters In a world where access to credit often outweighs access to savings, FCRA protections are crucial. History shows that dry statutes can bring down major offenders (think mail fraud in The Firm, tax evasion for Al Capone). Likewise, the FCRA can be the pressure point that changes outcomes for homeowners. CFPB Focus: Debt Collection &…[...]

Continue Reading

Posted in Corruption, foreclosure defenses, Pleading, Servicer |

Practically every email and inquiry I get contains complaints about court bias. It is as though people think that there are humans on this planet who have no opinion or bias. They point out examples of being steamrolled, ignored or otherwise wiped out in foreclosure litigation and they blame the opposing lawyers for being evil (which they might be) and…[...]

Continue Reading

Posted in Uncategorized |

when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated "servicer" are not business records that are not exempt from the hearsay rule, the poop will hit the fan. I received multiple emails from lawyers and homeowners who were confused when I posted an article about…[...]

Continue Reading

Tags: CFPB
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Servicer |

If one takes a neutral view there is an inescapable and undeniable conclusion: millions of homes have been forced to sale, depriving the owners of property and money, and causing untold damage to families and careers without the court knowing to a reasonable degree of certainty that the loan account even exists. Scott Staffne and I have been in discussion…[...]

Continue Reading

Posted in Uncategorized |

One of my constant comment contributors recently informed me and others that she was trying a new tack. She writes "My attorneys are making a demand that any refi money be placed with the Court and that the judge decides who he wants to pay." This is very close to an Interpleader action which is virtually unknown amongst laypeople and…[...]

Continue Reading

Posted in Corruption, discovery, evidence, Fabrication of documents, Motions, Pleading, Servicer |

It's time to give a thumbs up to the agency that has up till now befuddled homeowners. The absence of regulation of nonbank FINTECH companies has been a giant loophole through which wealth was converted from homeowners to investment banks. I am pleasantly surprised by an announcement from the CFPB that will start monitoring and investigating these companies like Black…[...]

Continue Reading

Posted in Uncategorized |

Foreclosure litigation is a very special type of case. Normal rules of limitation and basic requirements of proof have been softened in favor of giving lawyers the opportunity of saying they represent a Bank that is the trustee of a trust. Those lawyers don't need to assert that the trust owns any underlying obligation owed by the homeowner to the…[...]

Continue Reading

Posted in Uncategorized |

"Jurisdiction" is a term used to define whether or not the court has any authority to hear the case. Filing a bogus claim DOES invoke the jurisdiction of the court as long as it complies with the basic rules of court. Just because you call it a jurisdictional challenge doesn't make it a jurisdictional challenge. The jurisdiction of the court is based upon…[...]

Continue Reading

Posted in Uncategorized |