Legal Standing vs Holder in Due Course: Why Foreclosure Cases Fall Apart When You Demand Proof
Sep 24, 2024
If you are facing foreclosure, you are being told a story. The story goes like this: the bank has the note, the loan is in default, and foreclosure is just a formality. That story is often false. The truth is much simpler—and far more powerful: No legal standing in foreclosure means no right to foreclose. And when you understand the…[...]Continue Reading
Unveil the truth behind trustee roles in foreclosure and how U.S. Bank's own brochure is a bombshell revelation with Living Lies. The Illusion of Trustee Power When foreclosure documents list U.S. Bank, Deutsche Bank, or Bank of New York Mellon as trustees, homeowners often assume these institutions are directly managing their loans. But recently, an internal U.S. Bank brochure surfaced,…[...]Continue Reading
In the ongoing struggle to save homes from foreclosure, homeowners often find themselves backed into a corner, feeling as if they're facing an unstoppable force. The clock is ticking, the auction date is looming, and desperation sets in. But, what many don’t realize is that there are powerful tools available to fight back, even in the eleventh hour. One such…[...]
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When we go to court to defend an illegal foreclosure, we’re often trying to figure out who really has the right to get paid back the loan. This is important because you should only have to pay the person or company that actually lent you the money in the first place. In mortgage court cases involving foreclosures, Banks have been…[...]
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How to Reopen Discovery on a Dead Case: A Strategic Approach to Wrongful Foreclosure In the early days of the foreclosure crisis, as far back as 2008, lawyers representing homeowners were scoring victories against the banks, particularly for violations of the Real Estate Settlement Procedures Act (RESPA) and the Fair Debt Collection Practices Act (FDCPA). However, as the banks tightened…[...]
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We just keep winning cases. It takes time and careful planning as well as skillful crafting of legal arguments and even then it sometimes takes an appeal to reverse a bad lower court decision. The hard truth is that Foreclosure defenses based on Quiet Title actions, Wrongful foreclosure and lack of standing are difficult, time consuming and costly; just not…[...]
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Hey there, homeowner! If you’re here, it’s likely you’re worried about foreclosure and want to know how long you can postpone it. Let me tell you upfront: you’re not alone. Many homeowners face this challenge, and understanding your options is the first step to taking control of the situation. It’s our mission here at Livinglies.me to stop foreclosures so you’ve…[...]
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In the complex world of mortgage and foreclosure proceedings, the use of names can be more about creating an appearance than representing genuine legal entities. Terms like "bankruptcy remote," "liability remote," and "reality remote" are often employed to shield transactions from legal scrutiny, without any actual legal person or entity standing behind them. For anyone who has signed a mortgage…[...]
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Why Legal Standing Matters and How MERS Fits In What Is Legal Standing? Legal standing refers to the right of a party to bring a lawsuit in court. In foreclosure, this means the lender must prove they have the legal right to foreclose — either by owning the loan or by showing authority to act on behalf of the true…[...]Continue Reading
Another win for Livinglies.me team combines Probate and Foreclosures issues to stop Sale
Jun 7, 2024
EMERGENCY HEARING REQUEST Case #2013-CA-012542-O This order based upon an emergency motion prepared by Richard Kalinoski esq. with assistance from Anthony Varrone J.D., highlights the creative and unique benefits of our Foreclosure Litigation experience. The sale of clients home was scheduled to be foreclosed upon in Florida on June 4th of this year. In the case before the court there…[...]
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