Archives by Tag ' securitization '
By Donna Steenkamp Head of Research at Living lies/Defend the Foreclosure Few documents in foreclosure litigation are treated with more blind acceptance than a MERS assignment. That is a mistake. When a MERS assignment appears in the file, many homeowners assume it settles the transfer issue. Some lawyers treat it the same way. But a […]
There is one question at the heart of nearly every foreclosure case, and most courts still do not ask it clearly enough: Who is the creditor? Not who is the servicer. Not who has possession of paper. Not who filed the foreclosure. The real question is this: who has the legal authority to verify the […]
by Donna Steenkamp Head of Research, Livinglies.me One of the biggest myths in foreclosure defense litigation is believing that if the bank or servicer says your loan was placed into a securitized trust, then the case is over and they automatically have legal standing. That could not be further from the truth. A securitized trust […]
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 […]
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