Another win for the livinglies team

Posted on December 5, 2023 by Lance Denha esq.

Last month I posted about our successful strategic foreclosure defense model. This model was developed by my mentor Neil Garfield over decades and has been utilized by pro se homeowners and the attorney’s we help with Litigation support services across the country. It has resulted in our being able to save thousands of homes in every state in our great country. It is no wonder we have such a large following of over 5,000 subscribers while our detractors can only muster a couple dozen.

Sometimes wins can take several forms. A win for us could be successfully defending a foreclosure for over a decade while keeping the home. It could be a loan modification accepted after rejecting the first 2 or three unacceptable offers by the bank. Some of our clients receive a valuable offer to modify the mortgage after pretend servicers realize that our foreclosure defense tactics made through Qualified Written requests, Debt validation letters, Temporary restraining orders and pro active foreclosure defense litigation will not allow them to foreclose.

And sometimes our wins take the form of the mortgage actually being voided as in the case of our latest win in Florida and attached here. In this latest win we crafted the strategy and narrative for litigation based on Florida’s statute 817.535. The statute is defined below and most states have similar statutes so reach out to us if you need  help in any state with Foreclosure defense.

 

Florida Statute 817.535 prohibits the unlawful filing of false documents or records against real or personal property. The statute was adopted in 2016. 

The statute defines “file” as presenting an instrument for recording in an official record. The standard jury instruction for this statute includes the following elements: 

  • The defendant filed or directed a filer to file an instrument

The statute creates a civil action for anyone adversely affected by an instrument filed in an official record that contains a material false statement. This civil action applies regardless of whether criminal charges were pursued against the offender. 

Violating section 817.535(2)(a) a second or subsequent time is a second degree felony. 

 

And remember, these types of cases are not won without litigation which can be expensive but if it means saving your home, it can be worth it. And in this particular case not only did the homeowner save their home, they had their mortgage canceled by the court!

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.478.6774 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

Filed under: appeals, burden of persuasion, foreclosure | Tagged: , | 1 Comment »

Servicers dirty tricks

Posted on November 22, 2023 by Lance Denha esq.

Mortgage servicers, who are the companies that manage home loans, sometimes engage in deceptive practices, especially when dealing with securitized residential home loans. Here are some of the key tactics they might use:

1. **Misapplication of Payments**: Sometimes, these servicers don’t apply your payments correctly. They might put your money towards fees or other costs instead of reducing your loan balance like they should.

2. **Unjustified Fees and Charges**: They might add on extra fees or charges that aren’t fair or even necessary. This can include late fees, legal fees, or other costs that might not be justified.

3. **Dual Tracking**: This is when they’re working with you on a loan modification to lower your payments, but at the same time, they’re also moving forward with foreclosure. This practice is particularly sneaky because it gives you false hope that you’re solving the problem while they’re quietly taking steps to take your home.

4. **Lost Paperwork and Miscommunication**: Often, they might ‘lose’ your paperwork or fail to communicate properly. You might send in documents for a loan modification or other assistance, and they’ll say they never got them or that something was missing.

5. **Forced-Placed Insurance**: If they think you don’t have enough insurance on your home, they can force-place insurance and charge you for it. This insurance is usually much more expensive than what you could get on your own.

6. **Manipulating Escrow Accounts**: Your escrow account is where money for taxes and insurance is held. Sometimes, servicers might mishandle these accounts, like not paying your taxes on time or messing up the calculations, leading to unexpected increases in your monthly payments.

7. **Misrepresenting Loan Terms**: They might not be clear about the terms of your loan or they might provide misleading information, making it hard for you to understand your rights and obligations.

8. **Robo-Signing**: This involves signing foreclosure documents without properly reviewing them or verifying the information. It’s like they’re just processing foreclosures on auto-pilot without ensuring everything is correct.

9. **Modification Scams**: They might offer you a loan modification but the terms are either not beneficial, or they’re designed to make it more likely that you’ll default in the future.

10. **Ignoring Customer Rights under Servicing Laws**: There are laws in place to protect homeowners, but sometimes servicers ignore these laws. They might not provide you with the required notices or fail to follow proper procedures when it comes to foreclosure. The Consumer Financial Protection Bureau (CFSB) has documented some of these abuses in the past and their article on this can be seen here.

Remember, as a homeowner, it’s crucial to stay informed and vigilant. If you feel like your mortgage servicer is not treating you fairly, it’s important to seek advice and assistance, possibly from a legal expert who understands these issues deeply.

 

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.478.6774 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

Filed under: CORRUPTION, foreclosure | Tagged: , | 1 Comment »

Our Strategic Foreclosure Defense Model

Posted on November 17, 2023 by Lance Denha esq.

Leveraging Discovery in Judicial and Non-Judicial States Through State Specific Statutes

In the labyrinth of foreclosure litigation, the timing and strategy employed during critical stages can significantly impact the outcome. Our experience has revealed a paramount step often overlooked by real estate  homeowners, proving prejudicial in many cases. This negligence often allows foreclosure proceedings to progress unchecked until it is too late to mount a substantial defense.

Critical Stages of Foreclosure Litigation:

Foreclosure cases initiated by banks, servicers, and trusts frequently sprint towards final judgments without robust opposition. The procedural trajectory takes shape upon filing the foreclosure complaint, where supporting exhibits, affidavits, and documentary evidence are presented to establish the lender’s possession of the note and mortgage at the case’s inception.

Uncovering “Fatal Flaws” in Foreclosure Filings:

Remarkably, the sheer volume of foreclosure cases has led to a concerning trend of sloppiness among bank attorneys during complaint filings. This inadvertent negligence has unveiled a myriad of “fatal flaws” within the documents supporting their chain of title, critical for foreclosure.

Our Strategic Litigation Model:

Drawing from years of litigation experience, research, seminars, and court rulings, we’ve developed a strategic litigation model. This approach assists lawyers, law firms, and Homeowners across various jurisdictions. The model focuses on critical steps during the discovery phase, utilizing specific state statutes that provide property owners a legitimate cause of action against banks for knowingly filing false documents in public records.

Enhancing Foreclosure Defense:

This innovative strategy enhances foreclosure defense in alignment with my mentor Neil Garfield’s premise. It targets banks and their agents for filings made under false pretenses and material misrepresentations, designed to mislead the court regarding their entitlement to enforce the note or institute foreclosure.

Success Across Jurisdictions:

Recent successes in both judicial and non-judicial jurisdictions attest to the effectiveness of this aggressive litigation approach. Propounding various sets of discovery on the filing plaintiff, servicer, and agents regarding misleading instruments filed in public records has proven fruitful.

Versatile Applications:

This exclusive model offers versatile applications during pre-judgment, post-judgment, and appellate foreclosure proceedings. Successful outcomes and applications include discovery victories, motions to vacate final judgments, expert affidavits, expert testimony, objections to judicial sales, and the filing of wrongful foreclosure suits.

Civil Cause of Action:

Central to our strategy is the utilization of state-specific statutes that create a civil cause of action for property owners. This empowers them to file suits based on the falsities contained in foreclosure documents. The discovery process is crafted to trigger violations of state statutes governing the unlawful filing of false records by banks to foreclose.

Conclusion:

In the complex landscape of foreclosure defense, our strategic litigation model has emerged as a powerful tool. By focusing on critical stages, leveraging discovery, and exploiting state statutes, we’ve achieved favorable outcomes for clients across diverse jurisdictions. This innovative approach is reshaping the foreclosure defense landscape, offering a potent defense against the banks’ orchestrated filing and recording of misleading foreclosure documents.

 

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.478.6774 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

 

Filed under: CORRUPTION, foreclosure, Mortgage, securities fraud | Tagged: , , | 3 Comments »

FORECLOSURE OR RELIEF FROM STAY

Posted on November 14, 2023 by Lance Denha esq.

In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently.

In many if not almost all cases, the party seeking to exercise the rights of the creditor will be a servicing company. Servicing companies will be asserting the rights of their alleged principal, the note holder, which is, again, often going to be a trustee for a securitization package. The mortgage holder or beneficiary under the deed of trust will, again, very often be MERS.

Even before reaching the practical problem of debt and default, mentioned above, the moving party must show that it holds the note or (1) that it is an agent of the holder and that (2) the holder remains the holder. In addition, the owner of the note, if different from the holder, must join in the motion.

Some states, like Texas, have passed statutes that allow servicing companies to act in foreclosure proceedings as a statutorily recognized agent of the noteholder. See, e.g., Tex. Prop. Code §51.0001. However, that statute refers to the servicer as the last entity to whom the debtor has been instructed to make payments. This status is certainly open to challenge. The statute certainly provides nothing more than prima facie evidence of the ability of the servicer to act. If challenged, the servicing agent must show that the last entity to communicate instructions to the debtor is still the holder of the note. See, e.g., HSBC Bank, N.A. v. Valentin, 2l N.Y. Misc. 3d 1123(A), 2008 WL 4764816 (Table) (N.Y. Sup.), Nov. 3, 2008. In addition, such a statute does not control in federal court where Fed. R. Civ. P. 17 and 19 (and Fed. R. Bankr. P. 7017 and 7019) apply.

Now when you go to Court either because they sued you or you sued them, in addition to simply asking for a Temporary restraining Order, you are arguing for an order (based upon a separate motion filed with the court and served upon opposing counsel) that they be required to answer your very reasonable questions, as required by statute.

The likelihood is that the Judge will grant your motion and might even feel compelled to grant your petition for temporary restraining order at least until the “lender” validates the debt and validates that it is the true creditor (holder in due course). This will result in a delay of any collection or foreclosure proceedings but more importantly, from what we have seen, these interlopers simply slither away and move on to another unwary debtor.

That’s right. Just by getting them in the position where they know they have to prove their status as a creditor, they are likely to walk away. If they don’t, the time usually comes when they stop pretending they are entitled to do what they are doing.

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.478.6774 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

Filed under: foreclosure, securities fraud | Tagged: , , , | 4 Comments »

PennyMac, Ocwen and other pretend servicers

Posted on November 8, 2023 by Lance Denha esq.

PennyMac and others are pretending to be “servicers” but they’re not, even though they do some servicing work. They’re using Black Knight’s systems to do it.

Think of Black Knight as a big boss that controls a lot of the so-called “servicing records,” about 62% of them in the US. Because of this, companies can act like they checked the records when they really didn’t, just by logging into Black Knight’s system.

Black Knight (formally known as LPS) is pretty shady—they’ve been caught doing illegal stuff before. So when they’re involved, it makes the court suspicious of any documents that come from them. If you can’t trust the documents, you can’t just assume they’re correct, and that can mess up a foreclosure case because the people trying to take the house can’t really prove they have a right to do so.

Now, there’s this big reveal when Black Knight, who’s been caught making fake documents before, sues PennyMac. They’re mad because PennyMac used Black Knight’s super-secret system without permission. This is the same system that creates most of the records for mortgages in the US.

What this means is that a lot of the companies who say they’re servicing loans, like PennyMac and Ocwen, are not telling the truth. We’ve seen this in court. The records they bring to court don’t really come from their systems. If you read carefully and make appropriate inquiries one fact stands out: PennyMac is acting under Black Knight. PennyMac may get to make certain entries which in turn are tested by Black Knight and PennyMac may get to print out copies of reports that are produced by certain algorithms at Black Knight but PennyMac has no role in creation or maintenance of business records on Black Knight, who in turn does not do anything for trusts because it has no contracts with trusts. it has contracts with investment banks. Notice how they are keeping the agreement between PennyMac and Black Knight a secret. Also note that the agreement names Fidelity Information Services, Inc. an Arkansas corporation as the principal and PennyMac is referred to as “client”.

No one can show that Black Knight is actually supposed to be servicing for the trusts that own the mortgages. They work for the big banks, not the trusts. There’s a lot of other data not controlled by Black Knight, and it’s mostly under Chase’s control.

When you’re in court, and the so-called servicer is trying to show payment records, remember two things. First, they didn’t get those records from their own company’s system. Second, the records don’t show everything, like payments made to the creditors, which means they’re not complete. Incomplete records shouldn’t be used as evidence.

If you don’t challenge these records, the court might just accept them, and that can lead to people losing their homes when they shouldn’t.

The real players, the big banks, and Black Knight are often not mentioned, but they’re the ones who are actually in control. And as for PennyMac, they’re just working under Black Knight’s shadow, not really servicing the loans themselves.

Black Knight sued PennyMac not just to protect their own secrets but to keep the whole system under control—the system that tries to keep it unclear about who owns what loan. This lawsuit was really about keeping their power and keeping the data from spreading out, which could show how messy and confusing the ownership of mortgages really is.

Here is some useful information about Black Knight brought to us from one of our avid readers and contributors to our blog; “summer chic”. This may be useful in drafting complaints:

*Black Knight is a renamed Lenders Processing Services/DocX who forged millions of assignments which were filed in Courts around the Nations to steal homes from American families.

*Bill Foley (FNF) , owner of LPS, DocX, Black Knight, ect. continues its illegal practices as of today while deceive borrowers with bogus Title Insurances.

*Speaking about monopoly, Mr. Foley owns majority of US Title Companies. *PennyMac is a renamed Countrywide Financial

*Caliber Home Loan is a renamed Countrywide Financial

* HomeXMortgage is a renamed Fremont Loan and Investments

*Matrix Private Capital is a renamed Lehman Brothers

So, it’s all coming out—what my mentor Neil Garfield had been saying for 14 years is right there in Black Knight’s lawsuit. They’ve got this high-tech system that they keep under lock and key, and they don’t let just anyone use it. But let’s remember, the big picture is about how all this secret keeping and data control is used to maintain a system that can often be unfair to homeowners.

 

Need help in understanding how to use this type of information in your own particular foreclosure defense case? Call us at 844.478.6774 or submit a free case registration statement here for recommendations specific to your individual case.

 

 

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

 

 

Filed under: CORRUPTION, foreclosure, securities fraud | Tagged: | 10 Comments »

Farewell Address from Neil Garfield

Posted on June 6, 2023 by Neil Garfield
nobody should be entitled to invent a debt and then enforce it
*
Due to my declining medical conditions, I will no longer be able to provide services on a pro bono or paid basis. I have turned over my business to Lance Denha esq. to continue my mission. More on Lance later.
*
This blog, 2007-present, is 16 years old and contains all of my insights and strategies. For those lawyers and distressed homeowners representing themselves, it would be wise to do some intensive research on the blog and to copy or download the source materials.
*
The bottom line of about 2 decades of work as a lawyer and investment banker, is that virtually all foreclosures can be won by homeowners. The government does not want to encourage such challenges because it undermines a policy adopted by both Republican (starting with GW Bush) and Democratic administrations.
*
That policy was adopted because of two factors.
*
The first was an empty threat that was not understood by any policymakers. Wall Street threatened to “pull the plug” on the entire economy if the infrastructure they had created was not fully supported —even if it did violate all known laws and even common sense.
*
The second was based on a simple bias arising from the reality of campaign finance. It favors banks over consumers — a conclusion that is contrary to the preamble of the US Constitution.
*
But no amount of policy or even legal decisions can change one simple fact: the current infrastructure intentionally and permanently extinguishes any and all debts that are reported as being created. There is no unpaid loan account. Under current law, centuries of precedent, and common sense, nobody should be entitled to invent a debt and then enforce it.
*
I have won nearly all foreclosure cases in which I was lead counsel or lead legal consultant. Everyone else can also do that if they stop believing the unpaid loan account exists and insist on corroboration of the IMPLIED version of it. When that corroboration fails to be produced, any experienced trial lawyer will know what to do and how to win the balance of the case.
*

Filed under: foreclosure | Tagged: | 30 Comments »

%d