For More Information please call 954-495-9867 or 520-405-1688 This is not a legal opinion on your case. Get a lawyer. ===================================== This case is important for many reasons: It is short. While that seems inconsequential, it seems highly significant to me that the 4th DCA would reverse the trial judge and direct entry of judgment […]

Tags: burden of proof on standing, evidence, Florida, Harris, robo-witness, undated endorsement
Posted in Uncategorized |

For additional information or assistance please call 954-495-9867 or 520-405-1688. ———————————— It is a complicated answer. The following is NOT a comprehensive answer which would the length of a treatise. see also Fla 4th DCA Beauchamp v Bank of New York Mellon, J Shahood reversed — Beauchamp v BONY-Mellon The Beauchamp case brings to the […]

Tags: 4th DCA, affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, beachamp, beauchamp, best evidence, damages, evidence, right of redemption, Shahood
Posted in Uncategorized |

Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant:  The party claiming to be a trustee […]

Tags: Assignment and ASsumption Agreement, default, evidence, Pooling and Servicing Agreement, relevance, SECURITIZATION DOCUMENTS, Servicer advances
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, Servicer |

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that […]

Tags: accleration notice, amount due, end of month statement, evidence, HDC, HOLDER, holder in due course, Notice of Default, offset, PSA, reinstatement notice, relevance of PSA
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure […]

Tags: assignment, best evidence, evidence, FOUNDATION, hearsay, Mortgage, note as evidence of the debt, OBJECTIONS
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer […]

Tags: business records exception, condominium manager, DOMBROFF, evidence, hearsay, mortgage servicers, preservation of objection, records custodian, timely objections, Yang and Romero v Sebastion Lakes
Posted in Corruption, Eviction |

With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated […]

Tags: company witness, credibility, debt, evidence, expert declaration, New York trust, personal knowledge, Reg Z, REMIC, TILA
Posted in Corruption, Eviction, evidence, expert witness, Servicer |

This quiet title claim against U.S. Bank and BONY (collectively, “Defendants”) is based on the assertion that Defendants have no interest in the Plaintiffs’ mortgage loan, yet have nonetheless sought to foreclose on the subject property. Currently before the court is Defendants’ Motion for Summary Judgment, arguing that Plaintiffs’ quiet title claim fails because there […]

Tags: admissions, allegations, Amina v Bank of New York Mellon et al Civil No. 11-00714 JMS/BMK, bank of new york, debt, default, evidence, foreclosure, JP Morgan, Mellon, Mortgage, note, PROOF, quiet title, sale of loan, securitized pools, U.S. Bank
Posted in bubble, Corruption, Eviction, securities fraud |

In a case that is bound to be watched and probably the first of many to come, a Federal Judge found that the constitutionality of the greased lightening judicial sale is probably unconstitutional and cancelled the sale of a home in foreclosure. U.S. District Judge William Martinez issued a preliminary injunction against the sale of […]

Tags: access to the courts, assertions by attorney for bank, Colorado, constitutionality of foreclosure statute, due process, evidence, US District Judge William Martinez
Posted in Eviction |

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to […]

Tags: assignment, bankruptcy, endorsement, evidence, holder owner, indorsement, mortgage litigation, original note, presumptions, transfer of debt, trustee
Posted in bubble, Corruption, Eviction, securities fraud |