10 Point Checklist for Foreclosure Defense

5 Dec

Livinglies's Weblog

For further information or assistance please call 954-495-9867 or 520-405-1688

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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…

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