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The judicial foreclosure process can be a very daunting undertaking. From the moment the Lis Pendens or Notice of Foreclosure is filed, the homeowner will be at a serious disadvantage if he/she does not understand how to respond.
The first step is to file an "ANSWER" to the Lis Pendens. Along with the ANSWER, the homeowner should file a first set of Admissions-Interrogatories, Request for Production of Documents, Expert Witness Interrogatories, and ESI Interrogatories. This last set of interrogatories refers to "Electronically Stored Information" (ESI), the heart of what ediscovery is all about. Finally, the homeowner should also send a "Legal Hold" or "Litigation Hold" notice to the opposing party which is an ongoing obligation to ensure that any and all relevant ESI is preserved for discovery purposes.
Once that is complete, there is also a seven-step process I like to employ in efforts to obtain as much information as possible about a mortgage:
1. ESI Debt Validation Letter
2. RESPA Request
3. Legal Hold
4. Trust Information
5. Rule 26(f) Questions
6. Preliminary Joint Case Management Plan
7. eDiscovery Identification and Preservation Questionnaire
For more information, visit our eDiscovery for Foreclosure Resolution Webinar at www.ediscoverynow.net. Click on the Webinar of choice to obtain the entry Password to the Webinar. You may attend live or listen as a podcast. eDiscovery forms, Sample Legal Hold, Joint Case Management Plan, Rule 26(f) questions will be provided.
Call 888-502-0586 for more information.
For most types of injury cases, the injured party would be far better served by proceeding on their own or "pro se" in legal parlance. In these cases where the injuries are NOT substantial and/or permanent or when there are NO complex issues related to liability and/or damages and the injured party believes he/she is capable of negotiating a satisfactory settlement, the injured party would be served by utilizing ediscovery to obtain the electronic data needed in order to facilitate a successful resolution.
eDiscovery has been described as e-mails, spreadsheets, word processing documents, audio, video, database information, and anything metastasized in a digital content.
In our eDiscovery Nuts and Bolts for Personal Injury Training Webinar we will show you how to draft an effective "Demand Letter" to the claims adjuster, request electronic discovery, file a "Legal Hold" notice, and prepare for the all-important Rule 26(f) Conference and Joint Case Management Plan.
Go to www.ediscoverynow.net, then, click on the Webinar of your choice. Once you pay the entrance fee, an email will be forwarded to your email with the Password to enter the Webinar.
Feel free to contact us with any questions, comments or concerns at firstname.lastname@example.org or phone 888-502-0586.
Non-judicial foreclosures are an enigma. Most homeowners living in non-judicial foreclosure states are ignorant to the non-judicial process. In a non-judicial foreclosure, there is no court process. A Notice of Lis Pendens or suit in foreclosure will not be filed. Homeowners will receive a "Notice of Default" (NOD) in the mail, then, subsequently, a "Notice of Sale" (NOS) illuminating that the property will be sold on the first Tuesday on the following month (in Georgia...other non-judicial states' procedures will vary).
That's it and that's all! Once that happens, your property WILL BE SOLD at a foreclosure auction.
To stop the process, there is a method of execution that we have perfected for non-judicial foreclosure states:
1. Respond to intial FDCPA communication from foreclosure attorney.
2. Issue a "Legal Hold" or "Litigation Hold" notice to foreclosure attorney.
3. File a RESPA request with servicer.
4. Check county records office to be sure that presumptive owner has recorded and filed any ASSIGNMENT at recorders office. (If ASSIGNMENT is not reflected in public records, party seeking to foreclosure will have no authority to do so).
4. If mortgage is being held in a securitized trust, request PSA, FWP, trust creation documents for Closing and Cut-Off Date(s).
5. Request loan mod paperwork from servicer.
6. File Civil Action in federal court requesting a TRO.
7. Institute eDiscovery Project Management during discovery process.
For daily Webinars on ediscovery for foreclosure resolution and other topics, visit www.ediscoverynow.net to view our upcoming events. Send me an email at email@example.com for more infomation.
Heading down the backstretch in the 4th Annual Franchise Legal Series, host, Paul Segreto is again joined by Jonathan Redgrave, Partner at Redgrave LLP. The topic of discussion focuses on eDiscovery and what franchisors should know and be prepared for when required to produce records of digital communications.
About Our Guest
Jonathan Redgrave is a founding partner of Redgrave LLP. He has extensive experience in all areas of complex litigation in both state and federal courts and focuses his practice in the areas of Information Law, which include electronic discovery, records and information management, as well as data protection and privacy issues. He has authored, co-authored, and edited numerous publications, including serving as Editor-in-Chief of “The Sedona Principles®,” and speaks around the world on topics including cross-border discovery, Information Governance, privacy, data security, and emerging technologies.
A key challenge in Information Retention is the language barrier. This interview with George Rudoy, Director of Global Practice, Information and Knowledge Management at Shearman & Sterling LLP, offers a legal perspective on the process once litigation starts. He talks about cross-border privacy and data protection and how this issue is approached. The interview also tackles the challenges presented by languages such as Chinese, Russian and Hebrew, and also how legal firms are responding to service global clients' needs. George Rudoy will be speaking at the Information Retention and eDiscovery Exchange, taking place in Munich from November 29th to December 1st. More details can be found at www.eDiscovery@iqpc.com, email firstname.lastname@example.org or tel. +44 (0) 207 368 9484.
In the computer age, 99% of all documents are created and stored electronically. Today, all litigants, pro se or otherwise, have a duty to request and disclose responsive electronic evidence in their cases. If you have a consumer debt case, debt collectors will seek to turn to the courts to squeeze money out of the already struggling poor and middle class.
Lawsuits to collect on bad debts have to be filed in the state where a debtor lives. And, location has become the new tool for debt collectors as some jurisdictions are more lenient than others. Large debt buyers use the relaxed rules of small claims and municipal courts to file suits that obtain little documentation of the debts they seek to collect. These courts allow for quick judgments when legally unsophisticated defendants fail to contest the suits. Once the debt collectors obtains a judgment, they use the full weight of the legal system to enforce it primarily by seizing assets, garnishing wages, and freezing bank accounts.
Thus, the need for ediscovery. Tune in to our E-Discovery Nuts and Bolts for Consumer Debt Mediation Training Webinar on Tuesday, January 28, 2014 @ 12 Noon to learn how to uncover ESI and effectively negotiate a resolution of your consumer debt via mediation or arbitration.
Visit our website at www.ediscoverynow.net to learnn how to obtain access to the Webinar and also pick up a copy of the E-Discovery Nuts and Bolts for Consumer Debt Mediation ebook at www.amazon, a step-by-step instruction guide on ediscovery for consumer debt situations.
In the computer age, 99% of all documents are created andn stored electronically. Electronic evidence has been described as e-mail, spreadsheets, word processing documents, audio, video, or any other content that has metastasized in a digital format. The fact-finding process will require you to uncover electronic evidence, especially if you are a party to a foreclosure situation. Most mortgages have MERS, the Mortgage Electronic Registration System, Inc. as nominee for the original lender, its successors and assigns. MERS has represented in Courts that its sole purpose is as a system to track mortgages. It has stated that it does not do the entries on the electronic repository itself, but the lenders and services do. When the all-important "Assignment of Mortgage" or "Assignment of Security Deed of Trust" is executed, it is the member servicer or lender that goes to the website, downloads the necessary forms, completes the forms and then takes it to the designated "MERS Officer" to sign.
Because MERS is an electronic repository and database that stores information, it is prudent that you have a grasp, the nuts and bolts, of what electronic evidence is all about.
Visit our website at www.ediscoverynow.net to attend our Webinar on Monday, January 27, 2014 @12 Noon for our E-Discovery Nuts And Bolts for Foreclosure Resolution Webinar. Also, be sure to visit www.amazon.com and pick up a copy of the E-Discovery Nuts and Bolts for Foreclosure Resolution ebook, a step-by-step guide to ediscovery as it applies to foreclosures.
This week Franchise Today continues with it Encore Presentations of the Second Annual Franchise Legal Series. In the second segment of the series, Host, Paul Segreto was joined by Jonathan Redgrave, Attorney and Partner at Redgrave LLP, a law firm with singular focus on Information Law, including social media. From the franchise perspective, Jonathan and Paul discussed social media and e-discovery legal issues.
Relying More on Your Own Talents and Vision for Greater Career Autonomy
Mr. Brown has been a member of the District of Columbia Bar since 2002 and has worked in the fields of complex litigation, civil rights class action, bankruptcy, worker's compensation, patent litigation, mergers/acquisitions, personal injury, SEC and Foreign Corrupt Practices Act (FCPA) investigations. He is also licensed to practice before the U.S. District Court for the District of Columbia. Specialties: Foreign Corrupt Practices Act (FCPA), Bankruptcy, Sarbanes-Oxley litigation, Early Case Assessment (ECA), managed review, eDiscovery and legal recruiting.
The Writer's Silo, is the brain child of Robert.
Okay, we've been through the initial phases of liltigation. We've also answered any summons or complaint in foreclosure, submitted requests for production of documents, interrogatories, ESI interrogatories, request for expert witnesses, etc. We are now perusing Bill Hamilton's "Seven Deadly Sins of the Rule 26(f) 'Meet-and-Conter' Conference" excerpt to ensure that we do not commit any of the deadly sins. Now we need to be prepared to speak intellently and articulate the reasons why we are requesting the ESI and the nature and extent of potentially relevant ESI.Below are some questions that will touch on a few of the topics that should be addressed. 1. What are the issues of the case?2. Who are the key players in the case?3. Who are the persons most knowledgeable about ESI systems?4. When did preservation duties and privileges attach?5. Has a "Litigation Hold Notice" been issued?6. If so, what steps have been or will be taken to preserve ESI?7. What third parties hold information that must be preserved?8. What ESI will be claimed as not reasonably accessible, and on what basis?9. Is there a need for an e-discovery special master or mediator?10. How much time is required to identify, collect, process, review, redact and produce ESI?Just to name a few. For more guidance on questions to ask at the Rule 26(f), contact: A. Johnson & Associates, LLC at email@example.com or 888-502-0586.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are E-Discovery Solutions Specialists. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.
Thank you for tuning in to the E-Discovery Nuts and Bolts Webinar. I am your E-Discovery Consultant, Anthony Johnson.Federal Rules of Civil Procedure 16(a): The court may order a pretrial conference of all parties for such purposes as:• Expediting dispositionFederal Rules of Civil Procedure 26(a)(1): Parties must, without awaiting discovery request, disclose to other parties:• Witnesses who may have discoverable information and description and location of ESI relevant to the case.Federal Rules of Civil Procedure 26(b)(2)(C): Provides the Courts the inherent authority to limit discovery sua sponte or on motion if:• Requests are unreasonably cumulative or duplicativeFederal Rules of Civil Procedure 26(f): Conference Planning Obligations aka “Meet and Confer”. The parties must meet as soon as practicable to:• Consider possibilities for settlement/resolution.Federal Rules of Civil Procedure 26(g): Certification. Every disclosure and discovery request, response, or objection must be signed by at least one attorney of record certifying the disclosure is complete and correct to best of their knowledge, information and belief formed after:• Reasonable inquiry that the disclosures were complete and correct at the time made.For more information about these and other pertinent rules relating to e-discovery, contact A. Johnson & Associates, LLC at 888-502-0586 or www.ediscoverynow.net.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.