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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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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Tags: borrower, foreclosure defense
Posted in foreclosure defenses, Uncategorized |

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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The State of New York, along with many other states are struggling with problems arising from an array of legal fictions created by the courts to justify claims for administration, collection, and enforcement of virtual debts (instead of actual debts in the real world). These attempts violate the constitutional separation of powers under the Federal and State constitution. Besides legislating…[...]

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Tags: foreclosure defense
Posted in Corruption, Fabrication of documents, foreclosure defenses |

Wall Street investment brokerage firms acting as investmetn banks or commerical banks are now jittery about the possibility of 50+ attorneys general taking a hard look at the sale of complex financial products to consumers. Those firms know that feelings on main street are still raw. An ambitious State AG who seeks higher office might be spurred to action by…[...]

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It is by exposing the virtual nature of the transactions that allows homeowners to win in high numbers. It is by suppressing the truth about the transactions that the Wall Street investment banks and securities brokers make all their money. * In one of my consulting jobs, I am assisting the homeowner --- along with local counsel --- in understanding…[...]

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I often receive links to cases that either corroborate what I have been saying or challenge my conclusions. Many of those links are opinions from trial courts, and most of those are from Federal DIstrict judges (mainly because most, but not all, state court judges do not issue opinions justifying their rulings. Even in best-case scenarios, the opinion of a…[...]

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Wall Street is quietly shifting pieces around on a chess board that the homeowner does not know exists and cannot see. There are several examples of this. A shift from U.S. Bank to U.S. Bank Trust, alleged transfers (without payment) of alleged "accounts" from one named trust to another, the rise of "Legal Title Trustee" instead of just trustee, and…[...]

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The simple fact in almost every single foreclosure today is that the entity named as the claimant has absolutely no interest in the success or failure of the litigation. But they are addicted to the revenue that is generated from the permissive use of the claimant's name. So the way lawyers work around this basic fatal defect is by creating…[...]

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Tags: Lehman Brothers-Aurora Loan Service gambit.
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