Please read the following article taken from Neil Garfield’s post at http://livinglies.wordpress.com/2014/12/05/10-point-checklist-for-foreclosure-defense/ For further information or assistance please call 954-495-9867 or 520-405-1688
By popular request, here is my shortlist for items to deal with in foreclosure defense or any challenge to the validity of a mortgage and note.:
1. Original loan fabricated of faulty — the “lender” did not legally exist as an entity or there was no consideration for the original loan in the chain of loan ownership claimed by the foreclosing or collecting party.
2. Ownership of loan not offered or proven
3. Balance of the loan not properly computed because of servicer advances etc.
4. Transfers of loan not supported by consideration — if there was consideration the Trust would allege it was the holder in due course.
5. Business records were not properly presented or prepared from actual business records., Instead it was a report prepared just for trial and not in the ordinary course of business.
6. Unclean hands because the load was predatory per se (Table funded loan) under Reg Z.
7. Trial by ambush. first they deny you discovery and then at trial they use the materials they should have given you in discovery
8. Objections to witnesses as being not competent to testify — personal knowledge
9. Objections to exhibits not properly presented to avoid the hearsay rule and untrustworthy because the servicer is the only one that actually wants the foreclosure.
10. Objections to judicial notice — judge not supposed to accept the document as proof of the matters asserted in the documents. Judge is supposed to admit judicial notice as proof that a documents exists in the public domain.
Neil Garfield | December 5, 2014 at 8:42 am | Categories: foreclosure | URL: http://wp.me/p7SnH-6HG