Archives by Tag ' securitization '
Why Ownership of the Loan Matters If the plaintiff doesn’t own your debt, they can’t foreclose. How Loan Ownership Gets Lost Loans are sold multiple times. Paperwork often doesn’t match reality. FOCUS ON THE CHAIN OF ASSIGNMENTS “FILED AND RECORDED” IN THE PUBLIC RECORDS REVIEW PLAINTIFFS’ ALLEGATIONS IN THE FORECLOSURE COMPLAINT WHICH RELY ON SPECIFIC […]
Our head of Research, Donna Steenkamp, was instrumental in doing the kind of research and documentation of evidence that reversed a bad lower court ruling
Since the times of ancient Greece and even before that, it has been a commonly used statement that before discussion of an issue each party should precisely define their terms. The obvious conclusion has been that without agreed definitions, it is highly probable that each side is talking about something different and making no point […]
CLICK HERE FOR FREE WEBINAR ON FRIDAY 4PM * I am getting a lot more inquiries about reverse mortgages in which Foreclosure is threatened. That’s far, there appears to be no difference in the challenges and offenses available to homeowner homeowners between what is ordinarily falsely described as a “conventional Loan” and a “reverse mortgage […]
I’m often bewildered when people act surprised by what I’ve been documenting for years. Everything on my blog comes from hard data, legal proceedings, and administrative findings — not speculation. Yes, the system is corrupt. But here’s the reality: being right isn’t enough in court. If you step into litigation without understanding procedure and evidence, […]
The problem has always been how to present this counterintuitive reality to a judge who is convinced that securitization of a loan DID occur even though the transaction was not in fact a loan and no sale occurred. After decades of litigating and teaching litigation, the one common theme throughout my career has been the […]
[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form] Wall Street Transactions with Homeowners Are Not Loans * I think the biggest problem for people understanding the strategies that I have set forth on this blog is that they don’t understand the underlying principles. It simply is incomprehensible to […]
We now have an opportunity to attack the most absurd of the decisions on 2 grounds, to wit: The first is that the decisions are wrong based upon existing judicial doctrine, statutory law, and court precedent. The second is that the decisions are wrong because the justification for bending the law is also wrong. […]
The problem with qui tam in connection with mortgages and foreclosures is that they have not yet worked except in rare instances. The biggest hurdle seems to be that the agency that supposedly got defrauded (e.g. FDIC) by false claims steps forward and says it was OK. You can’t force them to admit that they […]
Legal presumptions are not meant to be used as a means for achieving an illegal or unjust result. But they do exactly that when apparently facially valid documents are left unchallenged. A successful challenge to the credibility of the source of documents initially filed in foreclosure will end the case in favor of the homeowner. […]
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