Archive for 'legal standing' Category
There is one question at the heart of nearly every foreclosure case, and most courts still do not ask it clearly enough: Who is the creditor? Not who is the servicer. Not who has possession of paper. Not who filed the foreclosure. The real question is this: who has the legal authority to verify the […]
by Donna Steenkamp Head of Research, Livinglies.me One of the biggest myths in foreclosure defense litigation is believing that if the bank or servicer says your loan was placed into a securitized trust, then the case is over and they automatically have legal standing. That could not be further from the truth. A securitized trust […]
Most homeowners walk into court assuming one thing that is almost always wrong: that a company like Shellpoint , trying to take their home, actually has the legal right to do it. That assumption is the entire game. Companies like Shellpoint Mortgage Servicing depend on it. They rely on the court—and the homeowner—not looking too […]
Foreclosure defense is not magic. It’s not a trick. It’s not pretending you don’t owe money. It is one thing: making the foreclosing party prove its case with admissible evidence. Most foreclosure mills run on speed. They file thousands of cases using templates. They expect homeowners to panic, miss deadlines, or argue the wrong issues. […]
If you’re reading this, you’re probably facing a foreclosure notice, a lawsuit, or a sale date. And you’ve been told the same thing everyone gets told: “You’re behind, so they can take the house.” That statement is not the law. It’s a sales pitch. Foreclosure is a legal action. In court (and even in many […]
“Standing” is not a cute argument. It’s not a loophole. It’s the first question the court is supposed to ask: Who has the legal right to enforce this debt? What standing really means Standing means the party suing you (or conducting the sale) must prove it has the right to enforce. If they can’t prove […]
If your sale date is close, you need two things at the same time: Most homeowners only do the first part. They scramble for a “quick fix” and ignore the evidence. That’s how people lose their homes. What actually stops a foreclosure sale? In the real world, a sale usually stops for one of these […]
We are proud to report another win for one of our clients. A homeowner who refused to accept a paper claim from a Wall Street trust that could not prove its rights. This case was filed in the Circuit Court of the State of Oregon for the County of Linn, Case No. 25CV60677. Our client […]
One of the first questions homeowners ask when facing foreclosure is this: “How much is foreclosure defense going to cost me?” That’s the wrong question. The right question is: “What am I paying for—and what actually protects my home?” Because in foreclosure, the cheapest option is often the most expensive mistake. If you want the […]
In the battle between the foreclosure attorney for the Homeowners vs the servicer many believe the courtroom is neutral. It isn’t. The foreclosure attorney for homeowners vs servicer law firms are not playing on an even field. In foreclosure litigation, there are two very different worlds colliding: This imbalance is one of the biggest hidden […]
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