OK. This is subject to rehearing, reconsideration and appeal. But in Delaware where the financial industry is coddled to the point of absurdity (statutory trusts are not trusts), this ruling is highly significant. Allow me to say "I told you so." Here is the decision: REMIC Trust MTD-AC-decision-2021.12.13 Here is an article about the decision written by Ori Lev on December 16,…[...]

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see Better%2520Markets%2520-%2520Wall%2520Street%2527s%2520Six%2520Biggest%2520Bailed-Out%2520Banks%2520FINAL.pdf&clen=3848125&chunk=true Out of sign, out of mind. This report correctly describes the total in "bailouts" that went not to depository institutions but to risk-takers and frankly law violators on Wall Street. And part of the "bailout" was that those same businesses were suddenly chartered overnight to be licensed as commercial banking institutions -- so that the "bailouts" could be…[...]

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Disclaimer: This article is for educational purposes only and not legal advice. Always consult with a licensed attorney regarding your specific situation. Why Does “Wilmington” Keep Showing Up in Foreclosures? The name “Wilmington” appears with increasing frequency in foreclosure cases across the country. On the surface, it gives the impression of legitimacy — suggesting a trusted financial institution is pursuing…[...]

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Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, Pleading |

The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled "Spoliation of Evidence and Non-party witnesses." The author is Gary M Glassman, who is the attorney for Daytona Beach. The major points of the article that I think are relevant to Foreclosure Defense litigation are that (A) spoliation has a very broad meaning…[...]

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Posted in discovery, Eviction, evidence, foreclosure defenses, foreclosure mill, Pleading |

You need to challenge the status of the company claiming to be a servicer by finding out what functions they really perform. * I know I have contributed to the problem, but I think it's time to stop using the labels that are promoted by the banks. * Companies that are claimed to be the "servicer", by all accounts, do…[...]

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

People often tell me that they challenged something in court and that the judge completely ignored their challenge. The problem is that most people don't know the elements of a legal challenge in court. Based upon my review of transcripts, reports, and proffers of evidence and testimony, nearly all such cases consist of raising questions in the expectation that the…[...]

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Tags: bias, challenge, effective rebuttal, recusal
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May 2022 bring us security and happiness.  Let justice prevail!!!   And a BIG Thank You to all my readers and contributors. I could not keep this up without you guys.   Best regards,   NEIL[...]

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Simple answer: pro se litigants can win and do win.  But they mostly lose and they lose because they know nothing about court procedure. Competent trial counsel knows his or her way through the treacherous waters of litigation. Homeowners want the courts to do the work but that is not their job. * The cost of hiring competent trial counsel is high. So the question becomes…[...]

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I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the judge to make sense of…[...]

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Tags: Black Knight, Core Logic
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, Pleading, Servicer |

There are judges across the land who are asking questions that are extremely uncomfortable for lawyers who are seeking protection under litigation immunity. In one specific case there was an exchange in court between the attorney that was pursuing Foreclosure and the judge. The challenge presented by the homeowner was simply that the attorney did not represent any party with…[...]

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