Demystifying Foreclosure Defense: Exposing the Deception and Empowering Homeowners with FRAUD STOPPERS

Facing foreclosure can be an overwhelming experience for homeowners, but understanding the truth behind the process and employing effective defense strategies can make a significant difference. Unfortunately, many homeowners fall victim to deceptive tactics right from the start of their loan transactions. In most cases, the statements and nonpayment claims presented by lenders, accompanied by the imposition of fees, are based on lies. The true enemy of homeowner success is often the homeowner themselves. By blindly believing these claims, homeowners fail to utilize the defense strategies and tactics that any ordinary civil or criminal defendant would employ. They inadvertently admit to a nonexistent default, undermining their chances of successfully challenging the foreclosure.

It is crucial to dispel common misconceptions surrounding the role of experts in foreclosure litigation. An expert, by definition, is someone with superior knowledge in a particular field that surpasses what an average person or even an attorney would know. However, when it comes to foreclosure cases, there is no technical expert with specialized knowledge that pertains directly to the litigation. This lack of expertise stems from a misunderstanding of the central issue at hand.

Contrary to popular belief, the primary concern in foreclosure cases is not the legality or fraudulent nature of the scheme involving the issuance and sales of unregulated securities. While these allegations may be truthful, they hold no relevance to the foreclosure process. The sole focus of foreclosure cases revolves around whether the claimant has suffered a default. Surprisingly, the issue is not even about the claimant issuing a declaration of default or any party doing so on their behalf.

Given that the central issue is whether a default has occurred, homeowners should demand concrete evidence supporting the claim of default. However, due to a general understanding that homeowners have ceased making payments, either voluntarily or involuntarily, they often stipulate to the existence of a default. This assumption can be detrimental to their defense. Just because payments have ceased does not automatically equate to a default unless there was an actual debt owed to the claimant. The burden of proof lies with demonstrating that the named creditor is indeed receiving payments from the homeowner until they abruptly stop.

Making voluntary payments on a non-existent debt creates an inference and presumption that the debt is valid and payable to the named creditor or claimant. However, for a claimant to be considered a legitimate creditor, they must possess ownership of an unpaid account receivable from the homeowner. This crucial distinction is often overlooked, leading homeowners to unwittingly undermine their defenses.

Many homeowners and their attorneys make the mistake of calling forensic auditors as “experts” in an attempt to bolster their case. However, this strategy rarely proves successful. Even if a judge allows the testimony of a forensic auditor as an expert, it is often out of caution rather than genuine acceptance of their conclusions. In reality, the opinions of an expert witness tend to be treated as conclusions of law, which falls within the jurisdiction of the court. Therefore, there is no legal basis for accepting an expert witness’s conclusions.

Instead of relying on dubious expert witnesses, homeowners can benefit from calling fact witnesses with adequate credentials, experience, and a track record in court. FRAUD STOPPERS, a leading organization specializing in foreclosure defense, offers the expertise of licensed, bonded, and insured private investigators who are top experts in the USA on Uniform Commercial Code (UCC) violations. They provide invaluable assistance to homeowners by uncovering loan-level data and trust information for all government-sponsored entities (GSEs) such as Fannie Mae, Freddie Mac, and other loans placed in private trusts that do not report to the Securities and Exchange Commission (SEC). This comprehensive information represents a significant portion of residential mortgages in the United States.

The expertise of FRAUD STOPPERS’ private investigators is instrumental in challenging the relevance of trusts and ensuring that all evidence presented is corroborated by facts available in the public domain. By leveraging their knowledge and resources, homeowners gain a powerful ally in their fight against foreclosure. Judges are more likely to pay attention to witnesses with genuine expertise and track records in court, allowing homeowners a better chance at a successful defense.

In my personal experience, I have found success by thoroughly exposing the lack of foundation in the evidence offered by the opposition. Specifically, I demonstrated that the trustee of the trust involved in the foreclosure had never received, purchased, or possessed ownership of the underlying obligation, note, or mortgage. The best the opposition could muster was arguments based on constructive possession, which failed to provide adequate corroboration of their relationship with the trustee. Consequently, the relevance of the trust itself came into question.

The key takeaway is that homeowners should avoid approaching the courtroom with guns blazing, making fraud allegations and citing illegal activities. Such tactics often lead to failure as the evidence supporting these claims resides within the records and ledgers of parties who are reluctant to disclose them. The crucial focus should be on whether the homeowner owes money to the named claimant, a legal creditor. Like a criminal defense lawyer, homeowners should seek ways to defeat the claim rather than getting caught up in technical guilt or innocence. This is the essence of our legal system.

One common stumbling block for homeowners is the possession of the note. It is important to remember that the original note is most likely destroyed, and what is presented is often a copy or a re-creation, possibly even a fabrication without an original image. Possessing the note and claiming ownership does not automatically equate to enforceability. It must be demonstrated that the note was delivered along with the authority to enforce it, which must come from someone who either owned the underlying obligation or had authorized enforcement. This understanding aligns with the principles of Article 3 of the Uniform Commercial Code and long-standing legal traditions.

Ultimately, winning a foreclosure case requires a comprehensive analysis of the authority to enforce the note, which can only be derived from the owner of the underlying debt. This nuanced understanding allows homeowners to mount a formidable defense and challenge the validity of foreclosure claims.

In conclusion, homeowners facing foreclosure should equip themselves with accurate knowledge and effective defense strategies. By understanding the true issues at hand and avoiding common pitfalls, they can successfully challenge foreclosure actions. Seeking the expertise of organizations like FRAUD STOPPERS, with their top experts in UCC violations and extensive loan-level data and trust information, provides homeowners with a powerful advantage. Empowered with the right information and the right team, homeowners can fight back against deceptive practices and protect their homes from wrongful foreclosure.

Now You Can Unlock the Power of Justice and the Rule of Law with FRAUD STOPPERS

Are you tired of being a victim of financial fraud, seeking the justice and legal remedy you deserve? Look no further – FRAUD STOPPERS is here to empower you with the comprehensive tools and support necessary for success. With a wide range of services tailored to your needs, we are your ultimate ally in the fight against fraud.

FRAUD STOPPERS Arsenal of Solutions includes but is not limited to:

Audits & Investigations: Our team of skilled professionals will meticulously analyze your case, leaving no stone unturned in uncovering the truth. We employ cutting-edge techniques and resources to expose the fraud and gather irrefutable evidence. We are the only organization (to our knowledge) that can provide you with a Full Level 4 Bloomberg Securitization Audit and all the loan level data and trust information for all Government Sponsored Loans (GSE’s) and loan placed in private trust (shipped off shores) that do not report to the Securities and Exchange Commission (SEC).

Expert Witness Affidavits & Testimony: Our network of esteemed experts will provide compelling affidavits and testify on your behalf, lending credibility and authority to your case. Their specialized knowledge and experience will strengthen your position in the legal battle.

Turnkey Litigation Packages: We understand that navigating the complex legal landscape can be overwhelming. That's why we offer comprehensive litigation packages, equipped with all the necessary documents and strategies to mount a strong defense against fraudsters.

Professional Paralegal Support: Our dedicated paralegals are committed to assisting you every step of the way. They will guide you through the process, offer invaluable insights, and provide crucial administrative support to ensure your case is well-prepared.

Nationwide Attorney Networks: We have established a vast network of highly skilled attorneys across the country who specialize in fraud cases. Rest assured, you will be connected with a trusted legal expert who is passionate about seeking justice on your behalf.

Legal Education and Training: At FRAUD STOPPERS, we believe that knowledge is power. That's why we provide comprehensive legal education and training resources, empowering you to understand your rights, navigate the legal system, and make informed decisions throughout your case.

Debt Settlement Negotiations: Our experienced negotiators will engage with creditors on your behalf, striving to reach favorable debt settlement agreements. We will advocate for your interests, aiming to alleviate the financial burden caused by fraud.

Private Lending: If you require financial assistance to support your legal battle, our private lending options can provide the necessary funding. Our trusted lending partners offer competitive rates and flexible terms, ensuring you have the resources to fight for justice.

And much more! Save Time, Money, and Increase Your Odds of Success with FRAUD STOPPERS' Proven Products and Programs

If you're serious about getting the legal remedy you deserve, FRAUD STOPPERS has everything you need to succeed while saving time, money, and increasing your odds of success. Our comprehensive range of proven products and programs is designed to streamline the process, maximize efficiency, and deliver results.

Time is of the essence when it comes to combating fraud, and we understand the importance of expediting your case. With our expertise and resources, we can minimize delays and ensure efficient progress. By leveraging our extensive experience in fraud investigations and legal strategies, you can navigate the complexities of the legal system with confidence, saving valuable time in the process.

We also recognize the financial burden that fraud can impose, and we are committed to providing cost-effective solutions. Our competitive rates for services, private lending options, and expert negotiation skills can help you save money while maximizing the value you receive. Rest assured that we strive to optimize your resources, enabling you to fight fraud without breaking the bank.

Partnering with FRAUD STOPPERS significantly increases your odds of success. Our proven track record and extensive network of experienced professionals ensure that you have the best possible resources at your disposal. From expert witness testimonies to strategic litigation packages and effective debt settlement negotiations, our carefully curated products and programs have a track record of achieving favorable outcomes. With FRAUD STOPPERS by your side, you can maximize your chances of holding fraudsters accountable and obtaining the justice you deserve.

By choosing FRAUD STOPPERS, you can save time, save money, and increase your odds of success. Our proven products and programs, combined with our commitment to your cause, empower you to reclaim your future. Take the first step towards justice by completing the form below.

Remember, with FRAUD STOPPERS, you have a trusted partner dedicated to saving you time, money, and increasing your chances of success. Let us fight by your side and help you put an end to fraud once and for all.

Our commitment to your success knows no bounds. We are constantly expanding our services and partnerships to provide you with the most effective tools in the fight against fraud.

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Remember, you don't have to face fraud alone – FRAUD STOPPERS is here to champion your cause and bring you the justice you deserve.

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