Archive for 'evidence' Category
One of the most common statements heard in foreclosure courtrooms across America is: “We have possession of the note.” For many judges, lawyers, and homeowners, that statement ends the discussion. The assumption is simple: If the foreclosing party has possession of the original note, it automatically has the right to foreclose. But that assumption is […]
If there is one issue that can change the direction of a foreclosure case, it is standing. It is a defense we help homeowners use the most and it works. Here at LivingLies we talk about it a lot but realize not everyone understands what are Legal Standing foreclosure defenses. Most homeowners never hear the […]
Non-judicial foreclosure fight is one of the most misunderstood processes in the country. Many homeowners believe that because there is no lawsuit at the beginning, there is no non-judicial foreclosure fight. That belief costs people their homes. Non-judicial foreclosure does not mean the foreclosure is automatically valid. It simply means the process moves forward without […]
Most foreclosure cases appear overwhelming because they come wrapped in business records. Payment histories. Affidavits. Default letters. Computer printouts. Servicing notes. And all of it is usually presented to the homeowner—and often to the court—as if it automatically proves the case. But here is the problem: Most foreclosure cases are built on what are called […]
Most foreclosure cases are won or lost on one simple question: who owns the debt? Not who claims to own it. Not who services it. Not who has a paper assignment. Not who holds up a copy of a note in court. The real question is this: Did anyone actually pay value for the underlying […]
This is what happens when the court looks at the timeline instead of just accepting the story. In a recent decision out of Nassau County, New York, the court dismissed a foreclosure action because it was filed too late. Not because of sympathy. Not because of technical tricks. But because the law was applied to […]
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 issue in foreclosure cases that many homeowners overlook—and it can change everything. That issue is timing and something called the Statute of Limitations in Foreclosure Defense. Banks and servicers act like they can come after you forever. Like there is no deadline. Like once you fall behind, they can enforce the debt […]
Let’s get straight to the point. Foreclosure cases are often presented as if the paperwork tells the whole story. A servicer waves around records, a lawyer recites a trust name, and everybody is expected to act as if the right to enforce has already been proven. But that is not how real litigation is supposed […]
Most foreclosure cases are decided on an assumption that is never actually proven. That assumption is simple: “If the bank has the note, they have the right to foreclose.” But that is not what the law says. And if you build your defense around that assumption, you will lose — even if the party foreclosing […]
Search Our Blog
Categories
Contact Our National Headquarters Phone: 844-583-5339
Connect with us
Contact Our National Headquarters
- 844-583-5339
- Available 24/7
-
200 S. Andrews Ave. Ste. 604
Ft. Lauderdale, FL 33301