Effective Strategies for Fraud Stoppers Foreclosure Defense and Quiet Title Lawsuits

When facing the daunting challenge of foreclosure or seeking to establish a clear title to your property, having a solid understanding of the available legal strategies is crucial. Fraud Stoppers, a recognized organization dedicated to assisting homeowners in foreclosure defense and quiet title lawsuits, offers effective strategies that can help protect your rights and potentially save your home. In this article, we will explore some of the key strategies employed by Fraud Stoppers, empowering homeowners with knowledge and options in navigating these complex legal processes.

1. Thorough Document Analysis:
One of the first steps in mounting a successful foreclosure defense or quiet title lawsuit is a comprehensive analysis of all relevant documents. Fraud Stoppers employs legal experts who scrutinize mortgage agreements, promissory notes, assignments, and other related documents for any signs of fraudulent or illegal activity. By identifying irregularities or violations, Fraud Stoppers can build a strong case to challenge the legitimacy of the foreclosure or the title held by the opposing party.

2. Robust Forensic Loan Audit:
Fraud Stoppers utilizes forensic loan audits, a detailed examination of mortgage documents, to uncover potential violations of lending laws. These audits can reveal instances of predatory lending, improper loan origination, or violations of disclosure requirements. Armed with this information, homeowners can challenge the foreclosure proceedings or initiate a quiet title action based on the lender’s non-compliance with legal obligations.

3. Securitization Analysis:
Many mortgages are bundled together and sold to investors in the form of mortgage-backed securities (MBS). Fraud Stoppers conducts securitization analyses to determine whether a homeowner’s loan has been securitized and potentially separated from the original mortgage. This analysis aims to expose flaws in the chain of ownership, which could undermine the opposing party’s ability to foreclose or prove a clear title. By contesting the validity of the loan’s securitization, homeowners gain a valuable defense strategy.

4. Proactive Legal Actions:
In addition to defensive measures, Fraud Stoppers encourages proactive legal actions to challenge foreclosure proceedings. By filing a lawsuit against the lender or servicer, homeowners can demand the production of crucial documents, halt the foreclosure process, and force the opposing party to provide evidence of ownership and compliance with legal requirements. Such legal actions can buy homeowners valuable time to negotiate alternative solutions or expose deficiencies in the foreclosure process.

5. Quiet Title Lawsuits:
Quiet title lawsuits are essential for homeowners seeking to establish clear ownership of their properties. Fraud Stoppers assists homeowners in initiating quiet title actions, which aim to eliminate competing claims and clouded titles. By challenging the validity of any encumbrances or liens on the property, homeowners can seek a court declaration of sole ownership. Quiet title lawsuits can be an effective strategy to protect your property rights and remove any doubt regarding ownership.

6. Courtroom-Ready Document Preparation:
Fraud Stoppers ensures that homeowners have properly prepared legal documents that meet the requirements of the court. From complaint filings to discovery requests and motions, having accurate and persuasive legal documents is crucial for a successful defense or quiet title action. Fraud Stoppers’ experienced legal professionals help homeowners compile and present a compelling case, enhancing the chances of a favorable outcome.

Foreclosure defense and quiet title lawsuits can be complex legal battles, but with the right strategies and guidance, homeowners can effectively protect their rights and properties. Fraud Stoppers offers a range of powerful strategies, including document analysis, forensic loan audits, securitization analysis, proactive legal actions, and quiet title lawsuits. By leveraging these strategies, homeowners can challenge the foreclosure process, assert their rights, and seek a clear title to their properties. If you find yourself facing foreclosure or questioning the validity of your property’s title, consider consulting Fraud Stoppers for expert

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FREE FRAUD ANALYSIS

Don’t allow judicial notice to be an end run around the rules of evidence

By Neil Garfield

One of the tricks played by lawyers who work for foreclosure mills is to use a motion for the court to take judicial notice of a certain document. While it is usually technically construed only as the document exists, it is practically construed as a memorialization of true facts.

Mohanna v. Wilmington Sav. Fund Soc’y FSB, 4:21-cv-03557-KAW, at *1 (N.D. Cal. Dec. 13, 2021) (“Request for Judicial Notice As a general rule, a district court may not consider any material beyond the pleadings in ruling on a motion to dismiss for failure to state a claim. Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). A district court may take notice of facts not subject to reasonable dispute that are “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed.R.Evid. 201(b); United States v. Bernal-Obeso, 989 F.2d 331, 333 (9th Cir. 1993). “[A] court may take judicial notice of ‘matters of public record, ‘” Lee, 250 F.3d at 689 (citing Mack v. S. Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986)), and may also consider “documents whose contents are alleged in a complaint and whose authenticity no party questions, but which are not physically attached to the pleading” without converting a motion to dismiss under Rule 12(b)(6) into a motion for summary judgment. Branch v. Tunnell, 14 F.3d 449, 454 (9th Cir. 1994), overruled on other grounds by Galbraith v. Cnty. of Santa Clara, 307 F.3d 1119 (9th Cir. 2002). The court need not accept as true allegations that contradict facts which may be judicially noticed. See Mullis v. United States Bankruptcy Ct., 828 F.2d 1385, 1388 (9th Cir. 1987).”)

In particular, note the language “facts not subject to reasonable dispute that are “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Foreclosure mills love to play with this using the SEC.gov website because nobody understands the rules except securities lawyers.

Everything asserted in every document is hearsay. That means it is not admissible evidence. It is simply potential information like what you might retrieve in the process of making discovery demands and receiving responses.

But lawyers for the foreclosure mills will often receive documents via electronic transmission from an unknown source. Some documents contain a header at the top of the page that identifies the source of the document as a folder on sec.gov. That part is not a lie. It is a copy of a document that was downloaded from that website. But now you need to know the rest of the story.

When the lawyer for the foreclosure mill introduces the document as a government document, as though the documents and its contents are not in dispute, he is perpetuating a lie even if he or she does not know it. In a process known as “shelf registration,”

It gives the filer access to UPLOAD documents on the sec.gov website. But a shelf registration is not reviewed or approved by the SEC because no securities were offered and sold. That is the definition of shelf registration.

So first, if the document asserts or implies the existence of an unpaid debt due from the homeowner as being owned as an asset of the “issuer” named in the shelf registration, then that is an assertion of the persons who uploaded the document. It is not an assertion of the filer, the issuer, or the SEC. And it is not filed under penalty of perjury or anything else.

So “judicial notice” in this context means that the banks have found a way to use the shelf registration rules to gain access to sec.gov to upload their own fabricated documents solely so they can download them from the sec.gov website with the sec.gov header. This successfully misleads and misdirects the homeowner, the lawyer for the homeowner, and the judge.

The defense consists of an objection to the lack of foundation and proof of authenticity and accuracy of the document. This is often the case with a “pooling and Servicing Agreement” this is usually incomplete, unsigned, and framed for future reference, not past events or events that are asserted to be happening with and by virtue of the execution of the PSA.

The only foundation for any document is the testimony of a live witness who swears under oath that the document is authentic, that it is the original (not a copy, unless the parties have agreed to accept copies) and that the witness is the author or the authorized person as custodian of documents for the party or parties named therein.

Homeowners who object to the lack of foundation usually win. Homeowners who know nothing about this usually lose. 98.5% of all homeowners threatened with foreclosure fail to challenge anything. Under our system, anyone can claim anything until someone opposes the claim. If nobody opposes the claim, it becomes true, and judgment is entered, making it legally true for all purposes.