Archives by Tag ' BURDEN OF PROOF '
I’m sharing the wording I use in my TERA and Case Analysis reports now. I think the benefit of this wording is that it fills in the blank on who is the real creditor (owner of the debt). Hopefully it answers the following informal question lurking in the context of mortgage litigation: “If the parties […]
Thursdays LIVE! Click in to the EAST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays see https://livinglies.me/2018/10/17/if-it-is-their-case-then-they-must-prove-it/ Foreclosure defense essentially boils down to three major categories. Procedural errors, lack of standing and absence of an actual creditor. * Procedural errors involve improper notice, improper accounting, and inconsistent documents. * As for no creditor […]
As I have said since 2006, the burden of proof should not shift to homeowners until the pretenders have made their case. To get rid of legal presumptions homeowners need only prove a credible narrative (like probable cause) that the documents are fabricated or falsely executed. After that, what is the harm of making the […]
Mortgage foreclosure is the civil equivalent of the death penalty. in criminal cases. Many court decisions have enthusiastically supported that notion and attached much more stringent rules to the enforcement of a mortgage or deed of trust than they use in enforcement of a note. That is, until the last 20 years. If you begin […]
For further information please call 954-495-9867 or 520-520-1688 ================================= A lot of the questions that come in to me relate to the issue of whether the ability to enforce a set of loan documents is a question of law or a question of fact. The answer, I think, is both. The confusion seems to be […]
For further information please call 954-495-9867 or 520-405-1688 ============================== TILA remedies and requirements actually address the “free house” complaint head on: If banks misbehave in material and important ways (as defined by statute and not in the minds of a judge or lawyer) then yes, the homeowner should get a free house. That is what […]
For more information please call 954-495-9867 or 520-405-1688 ========================= see http://www.foreclosuredefenseresourcecenter.com/top-f-foreclosure-defense-strategies-in-california/truth-in-lending-rescission/ I ran across an excellent article on rescission in mortgage cases that I think is a MUST READ for those who might be affected or entitled to use it. Check the link above. Make sure you check with a knowledgeable attorney licensed in the […]
“Given the current environment where robo-signing became institutionalized as a practice even though it is the equivalent of forgery and where fabrication of documents by law offices and “document processors” were prepared according to a published menu of prices, why would anyone, least of all a court of law, apply general principles surrounding presumptions when […]
Hat tip to Ken McLeod and to Ron Ryan who argued endlessly that the former ruling was wrong in Arizona. Ron Ryan is a good lawyer and Ken McLeod is a good investigator. Both have years of experience investigating, analyzing and fighting illegal foreclosures. Courts are catching on and as I have predicted, the ultimate […]
No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority […]
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