In practice, this surfaces as a demand letter, affidavit or assignment or other document used by the pretender lender to establish its case. The path to defeat of the homeowner is paved when they fail to object to the introduction of these documents as anything other than an allegation that raises a question of fact. […]

Tags: 6th Amendment, affidavits, allonge, assignment, Briscoe v. Virginia, demand letter, FOUNDATION, law firm, limited signing officer, Melendez-Diaz v. Massachusetts, MERS, personal knowledge, reports, service mills, servicing company, Supreme Court, voir dire, witness
Posted in bubble, Corruption, Eviction, securities fraud |

I have been thinking about this as the questions pile in. Here are my thoughts so far — 1. Be careful with the Lehman bankruptcy and any other bankruptcy filing by one of the financial services companies that was even tangentially related to the process of the securitization of mortgages. Bankruptcy law has some features […]

Tags: bank failures, COMPETENCE OF A WITNESS, EIVDENCE, FORECLOSURE DEFESNE, foreclosure offense, FOUNDATION, PROOF, quiet title, securitization
Posted in Eviction |