I can remember back when Nova Law Center was an old building on what had been a World War II airstrip. My fellow students and I would satisfy our need for speed on those runways. That was in 1974. I also remember my contracts professor, Samuel Bader (RIP). He pounded into our heads a simple but elusive fact of law.…[...]

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The main reason that Appellate Courts get it wrong when a homeowner appeals a decision is that the homeowner admits the basic legally required components (elements) of a foreclosure action. In arguing the point the typical homeowner fails to address the issue of whether the loan still existed, whether the obligation was unpaid, and who has the "loan" on their…[...]

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At least 40% of the inquiries received by my office ask what they can do after the auction has occurred or even after the REO property has been liquidated. As I have stated repeatedly in the past, the further you go procedurally the less likely you are to obtain any relief. If you want any of this reality to change,…[...]

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The biggest challenge that homeowners face is securing the services of a lawyer who really acts like a defense lawyer --- i.e., he or she seeks to win the case regardless of whether they think the client has committed a breach of contract or violation of law. These lawyers consistently win at least 65% of their cases even though they…[...]

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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…[...]

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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.…[...]

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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 &…[...]

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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…[...]

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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…[...]

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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…[...]

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