Category Archives: Debt Inversion

Turning debtors into creditors.

The Top 5 New York Foreclosure Defenses

The defense of lack of standing to foreclose is unique because the homeowner’s attorney does not have to prove the defense. If the homeowner’s attorney properly raises the defense of lack of standing in the Answer to the foreclosure complaint (or in a motion to dismiss) the bank has the burden to prove standing to foreclose as part of its foreclosure claim. If a bank loses a foreclosure case because the judge determines that it lacks standing to foreclose, the judge’s findings cannot be successfully challenged in a future foreclosure action. These permanent findings may make it impossible for any business entity to prove standing no matter how many foreclosure actions are brought. In that event, the time to foreclose will eventually expire and the homeowner can sue for quiet title to discharge the mortgage.
Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits, Attorney Blog, Foreclosure Fraud | Comments closed

Quiet Title Actions Based Upon Expiration of Time to Foreclose

Six years after a mortgage is accelerated, the time to file a mortgage foreclosure action expires (with occasional exceptions). If the bank has not won a judgment of foreclosure and no mortgage foreclosure action is currently pending, the homeowner may file a quiet title action to discharge (remove) the mortgage lien from the property. When a homeowner wins quiet title, the property can be sold without paying the mortgage debt. The homeowner keeps the sales proceeds instead of the bank. Debt Inversion accomplished.
Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits, Attorney Blog | Comments closed

How and Why Debt Inversion Works

The debt collection business relies on people not fighting back. If everyone put debt collectors to their proof as we do, they would all be forced out of business.
Also posted in 1. Foreclosure Defense, 3. Debt Collection Defense, Attorney Blog, Debt Collection Fraud, Foreclosure Fraud | Leave a comment

New York Debt Collection Defense and Counterclaims

In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.
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Counterclaims against a Foreclosing Bank in New York

New York courts are now being forced to look carefully for fraudulent documents submitted by foreclosure attorneys. A court’s determination that foreclosure attorneys have submitted fraudulent documents will help prove the counterclaims that the foreclosure defense attorney asserts.
Also posted in 1. Foreclosure Defense, Attorney Blog, Foreclosure Fraud | Leave a comment

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Also posted in 1. Foreclosure Defense, 2. Quiet Title Lawsuits, 3. Debt Collection Defense, Attorney Blog, Debt Collection Fraud, Foreclosure Fraud, Frequently Asked Questions, MERS | Leave a comment