it is a lesson again to practitioners like myself who were convinced there was no answer to the “final order” conundrum: No matter how crazy the tactic might sound, you’re only wrong if you lose. Appeal Your Own Victory? Yes, Indeed! By Wendell Sherk, Missouri Attorney on Jun 2, 2008 in Bankruptcy Cases of Interest,Bankruptcy Practice and Procedure, Chapter […]

Tags: appeal, Chapter 13, chapter 13 plan, foreclosure defense, foreclosure offense
Posted in bubble, Eviction |

Here are some headlines that are grabbing the attention of mortgage lenders. As you can see they have good reason to be scared. It may not look like it and they might not act like it, but you have the upper hand now on your mortgage whether it is in default, foreclosure, sale, eviction or […]

Tags: countrywide, foreclosure defense, foreclosure litigation, foreclosure offense, JP Morgan Chase, Wells Fargo
Posted in bubble, Eviction |

§ 226.15  Right of rescission.    (a)  Consumer’s right to rescind.  (1)(i) Except as provided in paragraph (a)(1)(ii) of this section, in a credit plan in which a security interest is or will be retained or acquired in a consumer’s principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right […]

Tags: borrower, creditor, foreclosure defense, foreclosure offense, Reg Z, rescission, Truth in Lending Claims
Posted in bubble, Corruption, Eviction, securities fraud |

Anytime you get an opportunity or can make an opportunity to demand the documentation is a good time to do it. However, like many others, you continue to look for short-cuts, when the system is geared for ONLY those willing to jump through the right hoops at the right time. There is no short-cut. There […]

Tags: defend your property, demand for documentation, foreclosure offense, lawyers, refunds, repairyourloan.com, TILA, TILA audits
Posted in Eviction, securities fraud |

This is reply to a question which has been posed to us recently by several readers through email and at least one comment. We have advised demanding the alleged lender (the one suing you in foreclosure or who has scheduled the sale) allow you to inspect and provide you copies of original documents so they […]

Tags: deposition duces tecum, foreclosure, foreclosure defense, foreclosure offense, interrogatories, lost document, lost note, Mortgage, original document, request for admissions, request for production
Posted in bubble, Eviction |

In response to email from one of our readers who was presented with a “get out” notice and an offer to pay him $1,000 to do so peaceably, which was then later stated to be “negotiable (meaning they would pay more if asked), I wrote: Sounds like you are on the right track. I am […]

Tags: bankruptcy petition, cash for keys, copies of assignment, copies of authority, foreclosure defense, foreclosure offense, GMAC
Posted in bubble, Eviction |