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What Can Happen if There IS a Proper Defense

  • Broadcast in Finance



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Foreclosure process is no different than any other. The courts are required to accept all allegations as true. The homeowner must say that the allegations are not true and then the homeowner has two choices.

The homeowner can seek to either disprove the allegations with evidence that shows that the the allegations could not possibly be true. The other path, which is far from well traveled but which has continuously proven its merit in courtroom warfare, is to establish that the foreclosure mill has no ability or willingness to produce evidence if required to do so.

If you look at virtually all foreclosures in the current era, they are all based upon out of court declarations or statements made by persons who never appear at trial and who are never mentioned. Those undisclosed people, machines and business entities cannot be cross examined or ever subpoenaed. That is evidence which is expressly and specifically prohibited under the hearsay rules because anyone who does come to court under those circumstances is basically a witness to a witness.