The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records  of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of […]

Tags: best evidence, FOUNDATION, hearsay, relevance
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

Excellent article written by attorneys at Blank Rome on the issue of Business Record exceptions to the hearsay rule. The hearsay rule is simple. It excludes from evidence any statement that is uttered out of court — whether that statement is in writing or was made orally. see https://www.jdsupra.com/legalnews/florida-supreme-court-resolves-conflict-20649/ So here is what it looks like […]

Tags: best evidence, evidence, FOUNDATION, testimony, TRIAL OBJECTIONS, witness
Posted in Corruption, discovery, Fabrication of documents, foreclosure mill, legal standing |

A new publication has come to my attention that every trial lawyer should have, regardless of where they practice. It’s entitled NEW YORK OBJECTIONS. Obviously once you latch on to a point you would need to refer to the laws of evidence in your state or the laws of evidence in Federal proceedings or both. […]

Tags: evidence, FOUNDATION, TRIAL OBJECTIONS
Posted in Uncategorized |

This decision, although not yet for publication, brings us another step closer to exposure to the largest economic crime in human history. Every lawyer should read it more than once in its entirety. It contains the arguments and the narrative for most successful defense strategies against fraudulent foreclosures. Fundamental to understanding why foreclosures are fraudulent […]

Tags: affidavits, declaration, Deutsch, FOUNDATION, Hawaii, HSBC, MOORE, notes, PNC, presumptions, self-serving, transfer, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Servicer |

For the past 15 years there has been a huge chasm between what a document says and what actually occurred. In foreclosure settings, the conscious decision has been made to ignore the Truth and proceed on the falsehoods promulgated by the banks. This arises from the “national security” fear that if the banks are not […]

Tags: assignments, DEED OF TRUST, forensic analysis, FOUNDATION, hearsay, information, infrastructure, National Security, Prepared by, Return to, TRUTH, warranty deed
Posted in Uncategorized |

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 |

  NOTE: This post is for attorneys only. Pro se litigants even if they are highly sophisticated are not likely to be able to apply the content of this article without knowledge and experience in trial law. Nothing in this article should be construed as an acceptable substitute for consultation with a licensed knowledgeable trial […]

Tags: BofA, business records exception to hearsay rule, competency of witness, credibility, exception to hearsay rule, FOUNDATION, hearsay, OBJECTIONS, records custodian, TRIAL OBJECTIONS
Posted in evidence, foreclosure defenses, foreclosure mill, Modification, Pleading |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Start with the Federal Rules of Evidence. This is an act of congress signed into law by the President of the United States. You can’t get much higher than that for authority. At issue in this article are Rule 901 and 902. Judge […]

Tags: AUTHENTICATION OF DOCUMENT, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, FOUNDATION, fraud, fre 901, fre 902, In Re Sardana, In re Veal, Judge Charles G Case, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, UCC, UNIFORM COMMERCIAL CODE, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

Having just received the transcript on this case, I find that what the Judge said could be very persuasive to other Judges. I am renewing the post because there are several quotes you should be using from the transcript. Note the intimidation tactic that Plaintiff’s Counsel tried on the Judge. A word to the wise, […]

Tags: 07013084CI, assumptions, beyond a reasonable doubt, burden of prrof, business records, competency, due process, evidence, expert witness, florida judge, foreclosure defense, FOUNDATION, fraud, GMAC, hearsay, HERS, incompetent witness, motion for summary judgment, rules of evidence, securitization, Visicaro, witness
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

NON-JUDICIAL STATES: THE DIFFERENCE BETWEEN FORECLOSURE AND SALE: FORECLOSURE is a judicial process herein the “lender” files a lawsuit seeking to (a) enforce the note and get a judgment in the amount owed to them (b) asking the court to order the sale of the property to satisfy the Judgment. If the sale price is […]

Tags: allegations, ARIZONA, authentication, burden proof, competent witness, due process, election of non-judicial sale, exhibits, FOUNDATION, judicial, judicial economy, lawsuit, NON-JUDICIAL SALE, objection to sale, prima facie case, PROOF
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |