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Category Archives: Foreclosure Defenses
Basic Foreclosure Defense – How to Help Yourself – Part 3
Now we have got a Foreclosure Trial Book set up, and you know what it is that the Bank must prove to be successful in their foreclosure, how do we fight them? Judicial States We are going to start with … Continue reading
Basic Foreclosure Defense – How to Help Yourself – Part 2
In out last article, we suggested that you do on on-line records search and print all the documents you locate there, and place copies in your Foreclosure Book. But don’t stop there, make copies of all letters, place … Continue reading
Basic Foreclosure Defense – How to Help Yourself
Affirmative Defenses and Procedure You Can Stop Foreclosure and Put the Lender on the Defense. You’ve been laid off from work, lost your job, had a medical problem, or your Mortgage Interest rate has adjusted to an amount you … Continue reading
The Problem with Mortgage Assignments
During the roaring 2000’s, banks were in such a hurry to create mortgages and sell them on in the secondary market that they were careless with their paperwork; particularly with mortgage assignments. When foreclosures started coming in, many of the … Continue reading
What is strategic default?
Not everyone even defines strategic default in the same way, but panelists were generally in agreement that it involves a borrower who has the ability to pay his or her mortgage but chooses not to. Often that decision is tied … Continue reading
MERS takes a hit in New York
In a Bankruptcy case handed down 6 days ago, MERS took a big hit. Even though the Bankruptcy Court upheld the foreclosure, they said it wouldn’t be business as usual for MERS there anymore. Before anyone jumps for joy about … Continue reading
More thoughts about Ibanez and Massachusetts
Why is the Ibanez case so important? First, to recap, the Ibanez case was handed down by the Massachusetts Supreme Court, the highest Court in Massachusetts. It is the Law in that state. The case was actually very simple. The … Continue reading
Foreclosure Defense: Basic Rules, Discovery, Affirmative Defenses and Audits
Affirmative Defenses and Procedure You Can Stop Foreclosure and Put the Lender on the Defense. Does the Lender have the “Original” Note in Hand? Step One: Answer the Foreclosure Lawsuit We will posts the basics of preparing an Answer … Continue reading
The Foreclosure Fraud Scandal Just Got Harder to Ignore
The Massachusetts Supreme Court issued a major decision against the banks on the issue of foreclosure fraud on January 7, 2011. In US Trust vs. Ibanez, (which we analyzed earlier) the court ruled that the banks in the case did … Continue reading
MERS has no standing to Foreclose in Kansas
A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme Court held that … Continue reading