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 |

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 |

For further information please call -954-495-9867 or 520-405-1688. This is for general information only. Get a lawyer. =============================== THIS IS REALLY DIRECTED AT LAWYERS WHO ARE DEALING WITH RESCISSION. NO LAYMAN SHOULD ACT ON THIS WITHOUT CONSULTING WITH A LICENSED ATTORNEY IN THEIR JURISDICTION. Among the zillions of email requests I have been receiving are […]

Tags: appeals, Motion Practice, rescission, TRIAL
Posted in Uncategorized |

There many ways to win a case, so what I am saying in this article should be taken in the context of a larger reality where lawyers are winning hearings and winning the entire case using their own style, strategies and tactics. And it is equally true that any case management plan, regardless of the […]

Tags: discovery, LITIGATION, mortgages, Motion Practice, trial practice
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

“If we accept the Bank’s argument, then we are creating new law. Under the new law a borrower would owe money to a non-creditor simply because the non-creditor procured the borrower’s signature by false pretenses. The actual lender would be unable to retrieve money paid to the fake lender and the borrower would receive credit […]

Tags: ACH instructions, ACH receipt, BFP, Bill of Rights, BofA, Bona Fide Purchaser for value without Notice, CALIFORNIA, Chase, insurable interest, MERS, Motion Practice, Reg Z, table funded loan, Wells Fargo, wire transfer instructions, wire transfer receipt
Posted in bubble, Corruption, Eviction, securities fraud |

Here is one way of handling the shell game. This could be split up into bite sized pieces and then filed one at a time, but then you might lose the flavor of it. The interesting thing about this pleading is that it takes the pleading and affidavits of the forecloser and uses it  against […]

Tags: Motion Practice, Pleading
Posted in bubble, Corruption, Eviction, securities fraud |

OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of […]

Tags: acceptance of assignment, assignment, Assignment and ASsumption Agreement, borrower, creditor, DEBTOR, DISCOVERY AND MOTION PRACTICE, execution of assignment, HERS, Motion Practice, Pooling and Servicing Agreement, securitization chain, securitization documentation, status of assignment, trustee
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

5 08 10 Florida mediationorder The main message is that what we have here is a legal obligation in search of a creditor and that the opposition is trying to use the court as a vehicle to steal the house and run with it while the whole securitization mess is scrutinized. I think this Order […]

Tags: 6th District, authority, Florida, free house, holder in due course, lender status, Motion Practice, pretender lenders, real party, Shareholders
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s Note: Besides the obvious, there are a number of not-so-obvious things to keep in mind. The reason why they made the “mistake” is probably related to errors in procedure because they receive information from multiple sources. It is possible but unlikely that this was a normal error in posting. In Motion Practice and Discovery […]

Tags: 80129, 8742 Lucent Blvd, borrower, business as usual, business records, CO, creditor, DEBTOR, discovery, fabricated documents, homeowner, Investor, Littleton, Motion Practice, Pasadena Sheriff’s Department, price, Reginald Jones, Specialized Loan Services, stakeholders, standard operating procedure, Terwin Group
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity […]

Tags: AFFIRMATIVE RELIEF, amortization, assignment, assumption, authenticity of the assignment, BURDEN OF PROOF, credit default swaps, credit enhancement, cutoff date, DEED OF TRUST, discovery, full accounting of all payments, identity of the creditor, insurance, judicial economy, judicial proceeding, Mortgage, Motion Practice, non-judicial statutes, note, Obligation, offer AND an acceptance, owed on my obligation, payments from third parties, pooling and service agreement, prima facie case, pro se litigants, securitization, UNCONSTITUTIONAL
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |