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April 2018 Article Archive

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Fla 4th DCA Slams Door on "another Ditech loan" in Foreclosure Claims
livinglies | April 13, 2018
In the final analysis, the only way to smoke out the banks on their fraudulent claims as “creditors” or “agents of creditors” is to create a situation where the creditor must be disclosed. In those cases where judges have ruled in discovery or ruled on the right to prepay, subject to identification of the creditor, the cases have all settled under seal of confidentiality. There are thousands of such cases buried under side agreements requiring “Confidentiality.”
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Adverse Possession vs Cancellation of Instrument and Quiet Title
livinglies | April 11, 2018
In the final analysis, the only way to smoke out the banks on their fraudulent claims as “creditors” or “agents of creditors” is to create a situation where the creditor must be disclosed. In those cases where judges have ruled in discovery or ruled on the right to prepay, subject to identification of the creditor, the cases have all settled under seal of confidentiality. There are thousands of such cases buried under side agreements requiring “Confidentiality.”
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Oregon Strikes Down Hearsay Part of Affidavit
livinglies | April 10, 2018
It's been the bane of existence for foreclosure defense lawyers. They are presented with affidavits or declarations in which the matters that are asserted are not based on personal knowledge and are hearsay that should be excluded from any evidence considered by the court.
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Why Void Assignments are Void Not Voidable
livinglies | April 9, 2018
RATIFICATION OF VOID ASSIGNMENTS IS IMPOSSIBLE AND ABSURD. In the wake of the California Supreme Court’s decision in Yvanova and its progeny, the legal community has accepted the unacceptable (and the ridiculous). The bottom line of the decision is that a void assignment can be the basis for a lawsuit for wrongful foreclosure but it cannot be the basis of a defense to the foreclosure itself. Thus you can sue for the illegal and fraudulent use of a fabricated instrument reciting a transfer of ownership of a note and/or mortgage, but you can’t stop the illegal foreclosure which is based on the same fraudulent instruments.
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Discovery in Foreclosure Actions
livinglies | April 9, 2018
Discovery is more complex than lay people realize. There is a lot of work that goes on behind the scenes in court. Our paralegal, Connie Lasco, saw the problems and forwarded the request for service to me for comment.
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