see https://www.natlawreview.com/article/district-court-requires-plaintiff-to-disclose-evidence-about-noneconomic-loss I have been writing, lecturing, and just saying the same thing since 2006. Homeowners don’t need to prove anything. The objective in Foreclosure Defense is to prevent the claimant from pursuing their claim. If you are not willing to do all the necessary   work and to make certain you have it right, then […]

Tags: discovery, foreclosure defense, motion for contempt, motion for sanctions, motion for summary judgment, Motion IN Limine, Motion Practice, motion to compel discovery
Posted in discovery, evidence, foreclosure defenses, legal standing, Motions, Pleading |

US Bank v Compton 9335344481 Hawaii 2020 Dubin So here is yet another example of litigation done correctly. This case demonstrates that the courts can and will be convinced to rule in favor of homeowners when the correct issue is raised at the right time in the right way. Here are some quotes from the […]

Tags: discovery, motion for summary judgment
Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, Servicer |

Once a trial has been conducted, there can never be another trial with the same parties disputing the same facts and issues. The only exception is a court order vacating the judgment AND ordering further proceedings to determine all or some of the facts. The bottom line is that the rules permitting the filing of […]

Tags: DEBT COLLECTOR, Federal court, motion for summary judgment, motion to vacate, reconsideration, rehearing
Posted in foreclosure defenses |

Based on questions that greeted me when I got to my desk this morning, here are just some of the thoughts that apply — a case review and analysis for each case being necessary to actually draft the right questions and to close any trap doors. Let us help you plan for trial and draft […]

Tags: authority, authority to represent, beneficiaries, discovery, Hawaii, motion for summary judgment, Motion Practice, motion to compel discovery, MOTION TO DISMISS, owner of the debt, REMIC TRUST, settlor, Supreme Court, trustee, Trustor
Posted in Uncategorized |

Now that I am actively practicing law I see the reasons for the anger and recriminations regarding the conduct of proceedings involving foreclosure. But whether the judge likes it or not the law is very clear regarding a condition precedent to the filing of foreclosure action. The borrower must receive notice. The notice must state […]

Tags: delay tactics, Federal reserve, Florida LAw, motion for summary judgment, my mission, Notice of Default, notice of right to reinstatement, rules of civil procedure
Posted in Corruption, Eviction, Servicer |

GET A CONSULT WITH NEIL GARFIELD Here is an example of one of the procedural dirty tricks that these firms play and they say they “made a mistake” and apologize when they are caught, but it a threat to a hearing that you have already won, lurking so that you are not prepared to argue […]

Tags: Dirty Tricks, foreclosure mills, motion for summary judgment
Posted in bubble, Corruption, Eviction, securities fraud |

Submitted on 2011/02/20 at 6:20 am by Tracey T. Wilson The Wells Fargo Bank, N.A. vs. Sandra A. Ford was NOT a Pro Se case. Sandra A. Ford was defended by Legal Services of New Jersey, Inc., attorneys; Ms. Jurow and Rebecca Schore and the case was decided January 28th 2011. The case in New […]

Tags: Auction, Deutsch, hearsay, incompetent hearsay, motion for summary judgment, personal knowledge, remand, SHERIFF'S SALE, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Comment: Without inventing anything, an increasing number of Judges are coming to the same conclusion. If they apply the rules and deny the pretender lender the benefit of presumptions to which they were not entitled in the first place, the case can be heard on the merits. They don’t need to decide who is […]

Tags: affidavit, evidence, Florida, judges, motion for summary judgment, Rules
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

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 |