If you’re looking for a Good Foreclosure Defense we think you should countersue for fraud; because its usually easier and more effective to win a fight, if you’re the one attacking your opponent with overwhelming force! If you agree and want a 100% completely turnkey mortgage fraud or foreclosure fraud litigation package click the button at the bottom of this page!
If you are defending a foreclosure one tactic or argument to consider is explained in this recent blog posting by attorney Garfield.
Good Foreclosure Defense Gets Down to Basics: No Default
by Neil Garfield
I see in threads of emails that are shared with me considerable discussion and debate over whether the “loan” was sold. The parties who have trouble even conceiving of a scenario in which the original homeowner transaction was not sold are those who are looking at documents. In securitization today, virtually NONE of the documents are real, true, or authentic.
But it is true that if you’re willing to take the risk of jail or civil penalties, you can create fake documents and use them in court. If the documents conform to custom and practice and follow some statute as to form, then they are initially presumed to be true and valid. And if the homeowner fails to contest it, there will be a judgment in favor of the bad actor. Case over. Foreclosure judgment entered or sale approved, then the auction and sale of the property followed by eviction.
What I am telling you in this blog, my lectures, and radio shows is that none of that means foreclosure is inevitable. The fact that a homeowner stops making scheduled payments is not a default unless the creditor declares it as a default — not when some company claiming to be a servicer declares it. But if the homeowner admits being in default then he/she is admitting that the right creditor is making the right claim.
This issue arises because of confusion as to when and whether to use the fabricated documents for anything. If you don’t believe a single word on any document, you are left with the obligation, which might exist, and a claimant who either did or did not pay for it. No loan was ever sold because that was the point of securitization. If the loan was sold then they could have only sold it once. But by selling data ABOUT the loan they could sell it as many times as they wanted.
The lawyers and other parties that participate in illegal foreclosure schemes are depending upon your lack of knowledge as to what constitutes a sale of the loan. First they want you to assume that a loan account exists, which in the context of securitization, it does not. Second, they want you to think that since money might have been paid to somebody that it must have been a purchase of the obligation by the party named in the fake documents.
When tested, this assumption fails. If a sale had occurred there would be a record of payment of money from Party A to Party B. that record would be both a money trail (canceled checks, wire transfer receipts, etc) and accounting entries on the books of each company. Even at origination in most cases, the money trail that is represented to the homeowner does not exist. And all attempts to see the money trail and to see the accounting entries will be met with a refusal to comply with the request regardless of the consequences to the lawyer or other parties.
All successful defenses to foreclosure attempts basically come down to one fact: When tested, the claim cannot be supported because it is untrue.
Best Foreclosure Defense = Countersue!
Like they say the best defense is a good offense. If you are the victim of mortgage fraud or foreclosure fraud then you have a legal & moral duty to do something about it. Therefore, you should sue to get the legal remedy you deserve with FRAUD STOPPERS Gold Package, a 100% completely turnkey mortgage fraud litigation system that includes:
- Bloomberg Securitization Audit for trial ready evidence to support your case
- Expert Witness Affidavit signed & notarized by attorney available for expert witness testimony
- Quiet Title | Wrongful Foreclosure Complaint (a full custom court ready petition for damages)
- Lis Pendens (to cloud the marketability of the title to the real property)
- Application for Temporary Restraining Order (TRO) (to stop a foreclosure sale or eviction)
- Exhibits & Instructions for fast easy filing
- 12 Months Access to How to Win in Court Program Pro Se Legal Education Curriculum
- 12 Months Access to a Local Lawyer or Law Firm for limited attorney support services
- Dedicated Paralegal Support Services to produce all your required legal documents (from A to Z: complaint to judgment), case management, scheduling, coaching, and support
- FRAUD STOPPERS PMA Membership for ongoing support and members only benefits
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