Legal Presumptions --- The Key to Winning and Losing Foreclosure Cases

THE NEIL GARFIELD SHOW

Tonight We’ll talk about how to understand and use legal presumptions to defeat illegal foreclosures. The key to persuading the court is logic applied to every day experience. And remember that the key in every foreclosure is the money trail. That means who paid for the debt, and who now is carrying the debt on their books as a loan receivable which has not been sold. It is not enough to deny or even assert an affirmative defense that the party claiming the right to foreclose does not exist, or that they have no legal claim or that they have not paid value for the debt. And those who ask “how do I prove that?” are asking the wrong question. You can’t prove it unless they admit it and they will never do that. But just as legal inferences and presumptions can be used against you, they can also be used for you and against them. Through the careful and aggressive use of discovery you can raise the inference that they don't own the debt adn therefore that they have no claim for foreclosure.