The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to […]

Tags: Eviction, evidence, foreclosure, foreclosure defense, foreclosure offense, fraud, lost, lost document, lost note affidavit, quiet title, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

We end up listening to information, not evidence, from lawyers who are not sworn in as witnesses, as to matters that are totally outside their scope of knowledge. And then we end up arguing over giving title to a party who admittedly doesn’t have one dime committed to the transaction and who stands to lose […]

Tags: bailout, borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

if you peal away the apparent differences you find that there is an inherent joinder of interest investors and borrowers: both were deceived and both lost nearly everything they had by purchasing a financial product that was misrepresented — artificially inflated as to quality and value. And both were subject to the same MO — […]

Tags: borrower, countrywide, disclosure, foreclosure defense, foreclosure offense, fraud, inflation, JP Morgan, Lender Liability, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

If you can get through the formatting errors, it is worth reading. Judge Mayer clearly states that “The original lender, WMC Mortgage Corp., apparently had the mortgage assigned to entities other than this plaintiff: however, there is no proof of assignments annexed to the moving papers and no proof that this plaintiff is the proper […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, lenders, lost note, securitization, trustee, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

  NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be […]

Tags: automatic stay, bankruptcy, borrower, Chapter 13, Citimortgage, disclosure, Eviction, Fieldstone Mortgage Investment Trust, foreclosure defense, foreclosure offense, HSBC, Litton Loan servcing, MERS, securitization, trustee
Posted in Eviction |

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW If you want a summary of about 75% of what we cover at the seminar in Clearwater, Florida on November 1-2, just read this article. I’ll explain how we got to this point, the legal points to be raised and how to […]

Tags: audit, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, foreclosures, fraud, Lender Liability, Mortgage, securitization, trustee
Posted in bubble, Eviction |

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW So called “auditors” will miss the fact that there are two yield spread premiums that were not disclosed to either the homeowner or the investor. Failure to account for the movement of money through the securitization chain and failure to account for […]

Tags: audit, bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, TILA audit, trustee
Posted in bubble, Eviction |

Thanks to Deontos: Editor’s Note: The logic is simple, basic and the law is old, accepted and “black letter.” No new law is needed to overturn all the foreclosures since 2001, no fancy footwork is required to throw the bums out of court and sue them for the damage they created when they filed false […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, RESPA, RICO, securitization, trustee
Posted in bubble, Eviction |

Editor’s Note: From Home, to Car to Shelter. It’s a common story and a tragedy. But if that is a tragedy then where is the outrage when we add the component that she was probably wrongly dispossessed, that she probably still owns her house and that if she had proper legal representation in a court […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, trustee
Posted in bubble, Eviction |

Editor’s Note: Anyone who underestimates the importance of Judge Long’s decision in Massachusetts and the combined effect with the Kansas and Arkansas Supreme Court decisions does so at their peril. Lawyers wake up! You are not just missing an opportunity, you are missing an important piece of due diligence that makes you vulnerable to claims […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, rescission, securitization, trustee
Posted in bubble, Eviction |