TONIGHT! How to confront legal presumptions and get to the real facts.

see https://livinglies.me/2018/10/17/if-it-is-their-case-then-they-must-prove-it/

Foreclosure defense essentially boils down to three major categories. Procedural errors, lack of standing and absence of an actual creditor.

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Procedural errors involve improper notice, improper accounting, and inconsistent documents.

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As for no creditor and no party with standing, it all depends upon the burden of proof decided by the judge. If he/she says the forecloser must prove their case with facts and not presumptions, then you probably will win. If he/she says you must prove lack of standing and/or the absence of a creditor then you must file for discovery and hope that the judge won’t sustain objections.

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But there is a middle ground that I have been writing about. It’s all about legal presumptions regarding facially valid documents and self-authenticating signatures. The New York case I wrote about yesterday explains it better than I do.

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The bottom line is that in our system any party who makes an assertion must prove it and the party against whom such assertion is made must have an opportunity to challenge it. If it is not challenged by pleadings or objections then the “fact” is true for purposes of the case at hand.

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In certain circumstances certain facts are legally presumed to exist unless they are challenged with at least some credible evidence that shows the presumed facts may not be true.