TFH 6/4 | How To Use the Rules of Evidence To Defeat Foreclosure by Successfully Challenging the Admissibility of a Foreclosing Plaintiff's Offers of Proof

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TFH 6/4 | How To Use the Rules of Evidence To Defeat Foreclosure by Successfully Challenging the Admissibility of a Foreclosing Plaintiff’s Offers of Proof

TFH 6/4 |  How To Use the Rules of Evidence To Defeat Foreclosure by Successfully Challenging the Admissibility of a Foreclosing Plaintiff’s Offers of Proof

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Sunday –  June 4

How To Use the Rules of Evidence To Defeat Foreclosure by Successfully Challenging the Admissibility of a Foreclosing Plaintiff’s Offers of Proof

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Too many borrowers attempt to defend against foreclosures without speaking the language of the Courts which is based on the Rules of Evidence, an established body of centuries-old courtroom tests for determining the truthfulness of facts.

It is often not enough to point out, for instance, defects in a foreclosing plaintiff’s papers without also specifying how and why the Rules of Evidence in your jurisdiction are on your side.

Foreclosure attorneys continue to cavalierly and successfully constantly get away with violating the Rules of Evidence as a result of borrowers failing to make the proper objections in Court.

Remember that one of the basic tenets of our adopted Anglo-Saxon jurisprudence, right or wrong, is that the parties exclusively must present their evidence and that it is the counter responsibility of opposing parties to raise objections or an opponent’s evidence is considered admissible, the weight to be given to all admissible evidence remaining the responsibility of the trier of fact.

Some of the most egregious evidentiary errors made by foreclosure attorneys involve issues of admissibility pertaining to the business records exception to the hearsay rule, the best evidence rule, and the self-authentication of official records.

On this Sunday’s show, we will discuss some of the more important Rules of Evidence pertaining to the conduct of foreclosure litigation and the dozens of proven ways individual Rules of Evidence can be used to defeat foreclosures in the context, for instance, of challenging the admissibility of default letters, general ledgers, declarations of indebtedness, verifications to complaints, pooling and servicing agreements, endorsements, promissory notes, allonges, mortgages, mortgage assignments, notarizations, and attorney affirmations.

Please listen to this Sunday’s show and get a head start on substantially improving your courtroom skills and success.

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Host: Gary Dubin Co-Host: John Waihee

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One Response to “TFH 6/4 | How To Use the Rules of Evidence To Defeat Foreclosure by Successfully Challenging the Admissibility of a Foreclosing Plaintiff’s Offers of Proof”

  1. Senetta Rushing says:

    I live in the state of Lawton Oklahoma. I am a victim if the Wells Fargo MERS scam. Wells Fargo in the later part of 2015 stopped taking my payments for no apparent reason over the phone so I began attempting to send my full payment by bank check Wells Fargo then started applying my payment as a partial payment then filed Foreclosure,stating that I had not paid/or that I was in default. I since then have hired an Attorney I provided valid bank statements and bank checks that were proven cashed by Wells Fargo but after the Attorney began communicating with Wells Fargo he stopped returning my calls. Attorney #2 provided her with valid bank statements and bank checks that prove my mortgage payments were paid she has the proof as well. She also after contacting Wells Fargo trying to initiate a Cash for Keys offer …. I legally should not be in foreclosure. I the an honest reputable Attorney in this state you can refer. P.S case also consist of questionable mortgage paperwork

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