Archives by Tag ' foreclosure defense '
As Neil Garfield explained to me and many of his clients and readers, the only thing most judges are interested in is where did the money go, who paid, who received and whether it was paid, and if in part, to what extent. One must be very careful to distinguish this from the “show me […]
Foreclosure is a word that makes many homeowners cringe. Homeownership is a part of the American Dream for many, but it can quickly turn into a nightmare if you face foreclosure. Foreclosure means that the bank is trying to take your home. It’s a difficult situation that many homeowners find themselves in, but it’s not […]
Hello, Lance Denha esq. of Livinglies here again to help you in the fight against illegal foreclosures. Homeowners often find themselves overwhelmed and uncertain about their rights. The complex legal processes can leave homeowners feeling powerless and isolated. However, it’s crucial to remember that you have rights as a homeowner, and understanding these rights can […]
Why This Opinion Matters Here is a case where counsel parsed the words and documents down to their essence—and won in circumstances where most would predict defeat. see Opinion 5-18-2023. The decision is important for several reasons. The Fact Pattern Plaintiff (Shetty) acquired title from the homeowner before the foreclosure sale and before the reinstatement […]
Why “Not Losing” Is the Real Strategy In foreclosure litigation, homeowners do best when they focus not on winning outright, but on not losing. The system is designed to presume that foreclosure is valid. To overcome this, the goal isn’t to deliver a knockout blow—it’s to keep the case alive and prevent foreclosure through procedure, […]
The UCC and Foreclosure Law The Uniform Commercial Code (UCC) governs nearly all financial transactions in the U.S. and has been adopted by every state. For homeowners, two sections matter most: Article 3 – Governs negotiable instruments (like promissory notes). Article 9 – Governs secured transactions (like mortgages). For years, foreclosure defense has relied on […]
Ultimately, the claim made against the homeowner must make common sense. But getting there requires litigation skills. But it is true that ANY lawyer that simply follows standard defense strategies can win these cases for homeowners. The key is always lack of foundation in business records and hearsay objections. But the standard error being made […]
Helping Homeowners Fight MERS Foreclosure Problems If your home is tied to a MERS foreclosure, things can get confusing. Many homeowners we helped didn’t realize that Mortgage Electronic Registration Systems (MERS) may appeared on their loan even though it never owned or funded their mortgage. At Living Lies, we help homeowners uncover the truth about […]
Start with the Basics: QWRs and DVLs The first thing you need to know: there is no obligation to answer a notice if the questions are not related to confirming the: Balance due Existence of the obligation Ownership of the loan Servicing details Status of the underlying obligation Many homeowners (or their lawyers) draft QWRs […]
The State of New York, along with many other states are struggling with problems arising from an array of legal fictions created by the courts to justify claims for administration, collection, and enforcement of virtual debts (instead of actual debts in the real world). These attempts violate the constitutional separation of powers under the Federal […]
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