Cinderella & the Suppression of Evidence

Prince Charming had a whole wardrobe full of fabulous ball gowns, but his father, the King, insisted on him wearing the masculine cut of a suit—black pants, black tie, black shoes…Boring, boring, boring thought the Prince.  He would have preferred a warm chiffon graced with a diamond tiara.  His father preferred that he give the tiara to an eligible young lady. No one of any class accepted the invitation to the Prince’s ball.  The Wicked Stepmother came with the two Ugly Stepsisters and the Prince thought he would be bored all evening, for none of the town’s bachelors were on the list.  Then in walked this little thing, surely dressed by a fairy godmother, right down to the delicious glass slippers.  She was everything Prince Charming wanted—same waist size, shoulders, and inseam.  She was his exact match in every way, and he loved her instantly, more for her attire than anything. “I must have your dress,” the Prince whispered as they were dancing, but Cinderella escaped his grasp and fled from his unwanted advances on her clothes.  In her haste, however, she left behind one of her shoes.  The Prince took the glass slipper and put it on his own […] Read More

Procedure, Procedure, Procedure in Foreclosure Court

The key to Foreclosure Defense is PROCEDURE, PROCEDURE, PROCEDURE.  Court procedure is supposed to apply a legal protocol of checks and balances, assuring that both sides of a case are fairly heard.  Witnesses should be sworn in, Rules of Evidence should be followed, and Justice should be served.  However, procedure is getting short-changed in some foreclosure courts. Procedure is sometimes cited at the core of the foreclosure debacle.  Starting with the Borrower and the Original Lender:  did the Lender run down his checklist to make sure the Borrower fully qualified for the loan?  Then following the chain of ownership of the loan:  did the note follow the mortgage?  Was the debt transferred properly?  If not, then who really has the right to foreclose on the house?  If the Borrower resolves with the Current Loan Servicer, will another financial institution also claim a right to that debt?  Procedure is no small matter when it comes to legal jurisdiction…and procedure should be no small matter in courtroom procedure. Proper procedure is the difference between hoping and hopping in court.  That is right, I am talking about Kangaroo Court, where foreclosure cases come in and get bounced out without consideration of proper procedure.  […] Read More