Archives by Tag ' foreclosure defense '
This is what happens when the court looks at the timeline instead of just accepting the story. In a recent decision out of Nassau County, New York, the court dismissed a foreclosure action because it was filed too late. Not because of sympathy. Not because of technical tricks. But because the law was applied to […]
By Donna Steenkamp Head of Research at Living lies/Defend the Foreclosure Few documents in foreclosure litigation are treated with more blind acceptance than a MERS assignment. That is a mistake. When a MERS assignment appears in the file, many homeowners assume it settles the transfer issue. Some lawyers treat it the same way. But a […]
There is one issue in foreclosure cases that many homeowners overlook—and it can change everything. That issue is timing and something called the Statute of Limitations in Foreclosure Defense. Banks and servicers act like they can come after you forever. Like there is no deadline. Like once you fall behind, they can enforce the debt […]
Let’s get straight to the point. Foreclosure cases are often presented as if the paperwork tells the whole story. A servicer waves around records, a lawyer recites a trust name, and everybody is expected to act as if the right to enforce has already been proven. But that is not how real litigation is supposed […]
There is one question at the heart of nearly every foreclosure case, and most courts still do not ask it clearly enough: Who is the creditor? Not who is the servicer. Not who has possession of paper. Not who filed the foreclosure. The real question is this: who has the legal authority to verify the […]
by Donna Steenkamp Head of Research, Livinglies.me One of the biggest myths in foreclosure defense litigation is believing that if the bank or servicer says your loan was placed into a securitized trust, then the case is over and they automatically have legal standing. That could not be further from the truth. A securitized trust […]
Most homeowners walk into court assuming one thing that is almost always wrong: that a company like Shellpoint , trying to take their home, actually has the legal right to do it. That assumption is the entire game. Companies like Shellpoint Mortgage Servicing depend on it. They rely on the court—and the homeowner—not looking too […]
Homeowners are often pushed into one path: “Just apply for a modification.” Sometimes that helps. Sometimes it’s a trap that burns your time while the foreclosure machine keeps moving. What a loan modification is (in plain English) A loan modification is a new agreement—if you actually get it in writing, signed, and honored. But “under […]
Why can some homeowners get the cases against them dismissed? Foreclosure cases are treated like it’s automatic by the pretend lender. File papers, get judgment, sell house. That’s the script. But when a homeowner (or their lawyer) forces the plaintiff to prove the case with real evidence, many foreclosures fall apart. This isn’t theory. It’s […]
Foreclosure defense is not magic. It’s not a trick. It’s not pretending you don’t owe money. It is one thing: making the foreclosing party prove its case with admissible evidence. Most foreclosure mills run on speed. They file thousands of cases using templates. They expect homeowners to panic, miss deadlines, or argue the wrong issues. […]
Search Our Blog
Categories
Contact Our National Headquarters Phone: 844-583-5339
Connect with us
Contact Our National Headquarters
- 844-583-5339
- Available 24/7
-
200 S. Andrews Ave. Ste. 604
Ft. Lauderdale, FL 33301