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Archive for July, 2008

The first step in defense: Make them prove it!

Foreclosure defense is a complex beast, involving property law, lending law, the UCC and consumer protection law, not to mention bankruptcy law and a host of other state and federal laws. So where can an attorney, or a pro se homeowner, begin?

First, make them prove you owe them money. It’s not as easy as it sounds. Sure, they can prove you took out a loan, and that you haven’t paid the loan. But can they prove you owe THEM the money? Thanks to the breaking up, assignment and packaging of notes and mortgages, it’s nearly impossible to tell who owes money to whom. Check out this article on a Ohio judge for more: http://www.goupstate.com/article/20071115/ZNYT01/711150335/1051/news

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