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September 2018 Article Archive

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How Does the Debt Get Transferred?
livinglies.wordpress.com | September 25, 2018
Basic Black Letter law: A debt can only be transferred by the owner of the debt. The owner of the debt may use agents or intermediaries to accomplish the transfer of the debt. If an intermediary executes a document of transfer without reference and identification of the owner of the debt, the document has potentially fatal defects.
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MA Appellate Court Tells Chase They Can't Sit on Two Chairs With One Ass
livinglies.wordpress.com | September 19, 2018
As Charles Marshall just quoted to me “it’s always refreshing when you find a judge who follows the law.”
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Does the Debt Need to Transfer with the Mortgage?
livinglies.wordpress.com | September 18, 2018
The answer is yes but the movement of the debt is often, all too often, presumed to have occurred. After more than a decade of research and analysis I find no support for the informal “doctrine” that the debt, note and mortgage can be used interchangeably. But the human inclination is to treat them the same. In foreclosure defense it is the job of the advocate to establish the separate nature of each of them.
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What Good Are the Reports and Analyses?
certifiedforensicloanauditors.com | September 7, 2018
If you have a medical problem do you want just one doctor to look at your lab results or a team of doctors each doing their own analysis? The same question applies if you are heading into litigation. The problem for homeowners is that having a deep bench of professionals costs money. That is the way our system works, for better or worse.
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Surviving a Motion to Dismiss: Submission of “Illustrative Materials” In Federal Court
livinglies.wordpress.com | September 4, 2018
If you want to show examples of what you are alleging and can prove at trial (after discovery) the recent rules and decisions of the federal courts may help, if you are careful.
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