One of the most common statements heard in foreclosure courtrooms across America is: “We have possession of the note.” For many judges, lawyers, and homeowners, that statement ends the discussion. The assumption is simple: If the foreclosing party has possession of the original note, it automatically has the right to foreclose. But that assumption is […]

Tags: foreclosure defense
Posted in evidence, Fabrication of documents, foreclosure defenses, Foreclosure Questions, legal standing |

Read this 12 step Foreclosure Defense guide carefully because most homeowners lose before they ever walk into court. Not because the bank proved its case. Not because the servicer proved ownership of the debt. Not because a judge carefully reviewed every transaction involving the loan. They lose because they assume the foreclosure paperwork must be […]

Tags: foreclosure defense
Posted in foreclosure defenses, Foreclosure Questions, Motions, Pleading, Servicer, Wells Fargo |

If there is one issue that can change the direction of a foreclosure case, it is standing. It is a defense we help homeowners use the most and it works. Here at LivingLies we talk about it a lot but realize not everyone understands what are Legal Standing foreclosure defenses. Most homeowners never hear the […]

Tags: foreclosure defense
Posted in evidence, expert witness, Fabrication of documents, foreclosure defenses, Foreclosure Questions, legal standing |

Non-judicial foreclosure fight is one of the most misunderstood processes in the country. Many homeowners believe that because there is no lawsuit at the beginning, there is no non-judicial foreclosure fight. That belief costs people their homes. Non-judicial foreclosure does not mean the foreclosure is automatically valid. It simply means the process moves forward without […]

Tags: foreclosure defense
Posted in evidence, foreclosure defenses, Foreclosure Questions, legal standing |

Most foreclosure cases appear overwhelming because they come wrapped in business records. Payment histories. Affidavits. Default letters. Computer printouts. Servicing notes. And all of it is usually presented to the homeowner—and often to the court—as if it automatically proves the case. But here is the problem: Most foreclosure cases are built on what are called […]

Tags: foreclosure defense
Posted in Corruption, evidence, expert witness, Fabrication of documents, Foreclosure Questions, legal standing |

Because of some mortgage servicer dirty tricks the foreclosure process is not clean, fair, or based entirely on verified evidence. Let’s stop pretending mortgage servicer’s are above dirty tricks in foreclosure. In many foreclosure cases, the real battle is not between a homeowner and a true lender. The battle is between a homeowner and a […]

Tags: foreclosure defense, foreclosure offense
Posted in Corruption, Foreclosure Questions, legal standing, securities fraud, Servicer, Wells Fargo |

Most homeowners react to a judicial foreclosure complaint the same way. They panic. That reaction is understandable. A foreclosure complaint is intimidating. It looks official. It is filled with legal language, exhibits, signatures, and accusations. But here is the first thing you need to understand: A foreclosure complaint is not proof. It is a set […]

Tags: foreclosure defense
Posted in discovery, Fabrication of documents, foreclosure defenses, Foreclosure Questions, legal standing |

Most foreclosure cases are won or lost on one simple question: who owns the debt? Not who claims to own it. Not who services it. Not who has a paper assignment. Not who holds up a copy of a note in court. The real question is this: Did anyone actually pay value for the underlying […]

Tags: foreclosure defense
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, Foreclosure Questions, legal standing |

In most foreclosure cases, the name on the lawsuit is not the party doing the work. It’s the servicer. But do they really have the authority to foreclose? We’ll explain. The servicer sends the notices. The servicer files the affidavits. The servicer’s employees testify in court. The servicer’s lawyers push the case forward. Servicers like […]

Tags: foreclosure defense
Posted in Corruption, discovery, foreclosure defenses, Foreclosure Questions, Servicer |

New York Foreclosure Defense is one of the most misunderstood foreclosure states in the country. On the surface, it looks like a system that favors banks. Cases drag on for years. Paperwork piles up. And homeowners often feel like they are fighting a losing battle. But that is not the whole story. New York is […]

Tags: foreclosure defense
Posted in foreclosure defenses, Foreclosure Questions, legal standing |