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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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…[...]

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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…[...]

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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…[...]

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"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…[...]

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In an effort to show the relevancy of securitization in the collection businesses established with each new transaction with homeowners, I have had some discussions about the usefulness of knowing who has access to funds paid by homeowners and who gets paid any money as a creditor of the homeowner. * In our example here the servicer is Ocwen, but…[...]

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There is no "YES". There are many people who get angry with me for ascribing some blame to the homeowners themselves for the toxic economic environment and the judicial environment resulting in the victimization of homeowners. * Some argue that "I tried that and it didn't work." The fact is that none of them are lawyers and none of them…[...]

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Since the beginning of this century, The initial transaction with homeowners was the product of multiple layers of paperwork, most of which were neither identified nor accessed by consumers or their professional advisers. * Here is the deal: * As was typical during the "securitization" era, the application for a loan is received as the commencement of the transaction. It…[...]

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In homeowner finance, nearly all claims begin with notices from third parties—companies the homeowner has never dealt with before. My advice: challenge these letters, statements, and notices immediately. Doing so creates “tracks in the sand” that can be critical later in litigation. The Core Problem: Declaration of Default Without a Creditor Foreclosure law is clear: before foreclosure, there must be…[...]

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Posted in Corruption, discovery, foreclosure defenses, legal standing, Servicer |