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.