Attached in this post is 84 pages of material that can form the basis for powerful defense in your foreclosure case. Good thing it’s posted on the weekend so everyone can spend the weekend reading and absorbing the material.
The package was prepared by my friend and Fellow Foreclosure Fighter Ryan Curtis. For those of you [...]
Posted by Ann Editor’s Note: These go up either because someone else posts them or I run across the work of a lawyer that I liked. No guarantees, no magic bullets. 2010/08/18 at 7:34 pm Florida – Before hiring a lawyer, check his credential at the Florida Bar website member seach: http://www.floridabar.org/names.nsf/mesearch?openform. Go to the [...]
When our forefathers conceived of this once great nation, a key principle was the necessity for each of the three branches to be separate and insulated from one another. Great pains were taken especially to insulate the judicial branch from the other three branches. (Writing “the other three branches” was a typo in the original [...]
When our forefathers conceived of this once great nation, a key principle was the necessity for each of the three branches to be separate and insulated from one another. Great pains were taken especially to insulate the judicial branch from the other three branches. (Writing “the other three branches” was a typo in the original [...]
EDITOR’S NOTE: I confess I don’t know Matt but I have seen some of his work and it looks good to me. No guarantees etc. But worth checking out. 2010/08/08 at 12:43 am MEMOS AND MOTIONS THAT MAY SHUT THE FORECLOSURE MILLS http://www.mattweidnerlaw.com/blog In honor of all the national reporting that’s starting to break about [...]
Florida :Watch out for Conciliation/Mediation Scam ———————————————————————- Florida Default Group is emailing foreclosure defense attorneys with emails stating “Per your request, conciliation will be scheduled for your client…” that is how the are scamming even REPRESENTED defendants out of their right to a third party mediation (not that they are going to work anyway). As [...]
6.29.10Bank-of-New-York-v-Michael-Raftogainis[1] Judge Todd also stated that additional discovery is to be produced when the foreclosure involves a securitization, lost note claims, or a holder in due course challenge (which may arise in the context of the purported assignment of a toxic loan to a securitized trust prior to the trustee of that trust instituting a [...]
We wish this story was an April Fool’s joke, but sadly it is not. Several borrowers who have filed challenges to nonjudicial foreclosures in Northern California and sought a Temporary Restraining Order to cancel a Trustee’s Sale were denied such relief by a “clerk” or “law clerk” who “appeared” at the hearing in lieu of [...]
The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer.
While mostly helpful in foreclosure defense, the rule leaves [...]
Forensic Mortgage Analysis Workshop
Hosted By Brad Keiser Of Foreclosure Defense Group
CLICK HERE FOR MORE INFORMATION
Winning Strategies Require Attorneys Have:
Leverage of a credible threat
Issues of fact that shift or heighten the burden of proof to the foreclosing party
Evidence vs Allegations
Understanding of your Opponent – Right hand isn’t often talking to the Left hand
Guns with only one [...]
While this call to action is from Attorney Weidner, I would suggest that in addition to sending questionable or bogus assignments to Weidner, you also email them to ngarfield@msn.com, or fax them to 772-594-6244. If you are concerned about anonymity, just create an email on one of the free services (gmail, hotmail etc.) and before [...]
How to Find “Who Owns The Note” – Who has an “Insurable Interest” !!!!
It is basic insurance law that in order to become named as a loss payee – that is, to get an insurance policy issued to you to indemnify you against loss – you have to have an “insurable [...]
See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551
when a foreclosure is noticed and conducted for one party
by another, the name of the principal must be disclosed in the notice.
the plaintiffs themselves recognized that they needed assignments in recordable form explicitly to them [...]
“The note is often produced at some point in the litigation, but the real problem is, how did they get it? When did they get it? And did the transfer of ownership comport with federal and Florida law for the transfer of such negotiable instruments?”
In cases that are dismissed based on these arguments, foreclosure defense [...]
Also submitted by: mortgagefrauds@aol.com
Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in interest [...]
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