There are many well intentioned people and lawyers who go into court to contest foreclosure cases with the expectation that the foreclosure mill must prove ownership and status of the loan. In plain language they don’t need to prove that because of a legal fiction called a “legal presumption.” That is a shorthand way of […]

Tags: foreclosure burden of proof, legal presumptions, motion for sanctions, Motion IN Limine, motion to compel discovery
Posted in discovery, Fabrication of documents, foreclosure defenses, Pleading |

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 |

Practice Note: Hearsay is not evidence and should not be used as the basis for any conclusion of facts that would support any conclusion of law. While the banks are extremely vulnerable to having all testimony and documents barred by the hearsay rule, this is ONLY true if the proper objection is made at the […]

Tags: business records exception, certification, competent witness, custodian of records, hearsay, Master Servicer, Motion IN Limine, OBJECTIONS, relevance, servicer, sub servicer, trustee, witness
Posted in Eviction, securities fraud |

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Tags: affidavits, appellate court, bankruptcy court, bankruptcy court judges, BAP, cases affirmed on appeal, Circuit Court of Appeals, citations, clerk of the court, court abused its discretion, court reporter, denial of due process, district court judge, evidence, federal jurisdiction, fighting foreclosure, foreclosure, foreclosure cases, foreclosure defense, foreclosure fraud, foreclosure offense, fraud upon your client, fundamental error, in limine, judge, lower court, memorandum of law, Motion IN Limine, OBJECTIONS, objections in limine, objections known in advance, opposing counsel, predatory lending, Preserving your rights on appeal, pro se litigants, procedure, record on appeal, reversed on appeal, silence as concession, transcription, TRIAL, trial proceedings, Whose Lien is it anyway?
Posted in Uncategorized |

harpster US BAnk Tossed Out for Failure to Respond to Discovery and Fraud Upon the Court Plaintiff has failed to produce answers to the Interrogatories for a period of 26 months, between the time the Interrogatories and the Request for Production were served on January 8, 2008 and the date of the hearing on the […]

Tags: BAC Funding Consortium, C-Bass Mortgage Loan Asset Backed Certificates, fabricating documents, fraud on the court, HERS, Inc., Motion IN Limine, MOTION TO COMPEL, motion to strike, Series 2006-CBS, US BANK
Posted in Corruption, Eviction, expert witness, foreclosure mill, Servicer |