Excellent article written by attorneys at Blank Rome on the issue of Business Record exceptions to the hearsay rule. The hearsay rule is simple. It excludes from evidence any statement that is uttered out of court — whether that statement is in writing or was made orally. see https://www.jdsupra.com/legalnews/florida-supreme-court-resolves-conflict-20649/ So here is what it looks like […]

Tags: best evidence, evidence, FOUNDATION, testimony, TRIAL OBJECTIONS, witness
Posted in Corruption, discovery, Fabrication of documents, foreclosure mill, legal standing |

Most people, including homeowners, believe that the homeowners do owe the money and that the entities that are attempting to foreclose should win. That is why the free house myth is so pervasive. The result is that foreclosures are being granted to entities that (a) do not exist or (b) have nothing to do with […]

Tags: article 9 UCC, cross examination, free house, holder in due course, TRIAL OBJECTIONS, UCC Article 3, underwriting
Posted in Uncategorized |

A new publication has come to my attention that every trial lawyer should have, regardless of where they practice. It’s entitled NEW YORK OBJECTIONS. Obviously once you latch on to a point you would need to refer to the laws of evidence in your state or the laws of evidence in Federal proceedings or both. […]

Tags: evidence, FOUNDATION, TRIAL OBJECTIONS
Posted in Uncategorized |

Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, […]

Tags: beneficiary, credit bid, duly perfected title, Eviction, foreclosure sale, owner of the debt, Substitution of Trustee, the debt, TRIAL OBJECTIONS, trustee, TRUTH, Unlawful Detainer
Posted in Eviction |

For further information please call 954-495-9867 or 520-405-1688 ================== see 4th DCA Reive v Deutsch Trial by Ambush J Oftedal reversed DOC032515-001 Those of us who have been fighting this ground war have seen it again and again. The “corporate representative” is allegedly employed by the servicer. Nobody shows up representing the Plaintiff, except a […]

Tags: exhibit list, motion for continuance, Trial by Ambush, TRIAL OBJECTIONS, witness list
Posted in Uncategorized |

  NOTE: This post is for attorneys only. Pro se litigants even if they are highly sophisticated are not likely to be able to apply the content of this article without knowledge and experience in trial law. Nothing in this article should be construed as an acceptable substitute for consultation with a licensed knowledgeable trial […]

Tags: BofA, business records exception to hearsay rule, competency of witness, credibility, exception to hearsay rule, FOUNDATION, hearsay, OBJECTIONS, records custodian, TRIAL OBJECTIONS
Posted in evidence, foreclosure defenses, foreclosure mill, Modification, Pleading |

MOST POPULAR ARTICLES SEND ALL ROBOSIGNING (SURROGATE SIGNING) EXAMPLES AND PLEADINGS TO ROBOSEARCH.LIVINGLIES@GMAIL.COM GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “If you want to save your home, you’ve got to get a good lawyer who knows how to take a deposition—no exceptions.” COMPETENT EVIDENCE REQUIRED — FOR BOTH SIDES EDITOR’S NOTE: Be careful […]

Tags: 90.803(6)(a), bankruptcy, borrower, BUSINESS RESCORDS, countrywide, Deposition, disclosure, DOMBROFF, evidence, Florida Statutes, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, FRE, hearsay, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, TRIAL OBJECTIONS, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |