How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents

by Neil Garfield

“Facial validity” consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents of false claims on behalf of the false claimant or butchered by either neglect or inexperience by homeowners and their lawyers. And sadly most judges overapply it even in the face of gross abnormalities and fatal deficiencies.


People ask me if they fabricated a satisfaction of mortgage containing all the required elements according to statute and common law, would that be facially valid? They expect my answer to be “no” and then they argue that if it is not valid for them to do it, why is it valid for the banks? They are asking the wrong question in the wrong way and with an erroneously preconceived notion of how the law works. The short answer to the question is probably yes, but it wouldn’t last long. It is mostly about legal procedure, not substance.

Facial validity of documents: Facial validity of documents can and usually is dispositive of claims and defenses in foreclosure proceedings. This is usually overlooked by both homeowners and their attorneys. Legally there is only one level of facial validity. The document must conform to both statute and local practice. But practically there are several levels as follows:

1. At-a-glance: if the document is proffered as being supportive of something that is being alleged and nobody contests it, it is ordinarily treated as facially valid, accepted into evidence and may be dispositive of the entire case even though closer inspection would reveal that the document is not facially valid.

Even if contested, if it appears to be coming from an apparently trusted source, the document will probably be accepted and admitted into evidence unless and until someone tests and contests the authenticity and validity of the document in a timely and proper fashion.

This is precisely why the investment banks settled on the use of well-established brand name commercial banks as the first name used in foreclosure actions. Such institutions are viewed as trusted sources despite all the chicanery they have engaged in over the last 50-60 years.

The fact that their name is merely being used as window dressing for a nonexistent claimant with a nonexistent claim does not affect facial validity — or perhaps more importantly, the appearance of facial validity at a glance.

2. On inspection: a document that appears to be facially valid at a glance will often signal fatal deficiencies in both authenticity and validity on inspection. Remember that inspection does not mean bringing in external evidence. Facial validity is dependent wholly and entirely on the face of the instrument. But what is often missed is that close inspection of the document from top to bottom will reveal inconsistencies.

the very fact that you cannot contest the facial validity of the document because of external facts and data is the same reason why the document itself may not be facially valid.

So for example, if a deed fails to name one of the parties and leaves out the legal description it is not facially valid. but very often it will still be recorded, particularly if it refers to some parcel number or index within the county recorder’s office.

Another example: if the grantee is “Somebody wearing a black hat” the deed is not facially valid because we would need to go to the grantor to find out who he meant when he signed the deed in front of a notary.

Another example: If the grantor is not someone who is the owner of the property, the deed may still be facially valid but deemed facially invalid as a wild deed because the title record does not support the deed.

And the final example: if an assignment of mortgage is executed on behalf of a ” successor” to some entity, it might be facially valid but not for long if you attack the proposition of it being a successor. It might also be deemed facially invalid since there is nothing on the face of the instrument that refers to anything in the public domain by which one would know that some legal “succession” had occurred by way of some transaction in the real world.

And the fact that it is signed by some self-proclaimed “servicer” as “attorney in fact,” forces the reader to learn from external facts, whether such power of attorney exists.

In addition, if the signature block does not make it clear who is the attorney in fact and for whom they are signing as an attorney in fact, the document is clearly not facially valid.

That argument can go either way. It is either an attack on the facial validity or it is an attack on the substantive validity of the document.

But failure to attack such a document will almost certainly result in the document and everything that is written on it, being admitted as evidence which will be conclusive at summary judgment or trial unless aggressively challenged such that the party proffering the document refuses to answer basic questions about what is recited on the document.

3. Challenging the substance of the document with external facts. It is very often true that failure to challenge the facial validity of the document will create resistance to any arguments you have against it for substantive factual and legal reasons. That is not supposed to be the law but that is how it is in fact. It’s just human nature.

[Practice hint: if a trust is implied but never stated, or if a representative capacity for “registered holders of certificates” is implied but not stated, the document is not facially valid.

It is important to note that if investors were beneficiaries under a legally valid trust that owned the debt, note and mortgage there would be no need to even mention them by descriptive group or by name.

Since they are mentioned as being the group on behalf of which the foreclosure is brought, the document is not facially valid if it fails to identify with certainty the names of such parties.

By implying the existence of a trust that is not identified as to the place of origination or current place of business and whose address is the same as the self-proclaimed servicer, the investment banks have succeeded in having readers assume that the “holders of certificates” are represented by the named “trustee” which is (or appears to be) always a high profile brand name commercial bank.

No such relationship exists. And in litigation with such holders, U.S. Bank, Bank of New York Mellon et al have consistently and successfully defended against any allegation that such a relationship exists.

And since the trust is implied and the holders of certificates are referenced, one might ask in a motion to quash, motion to dismiss or motion for a more definite statement, whether the claimant is the trustee, the trust or the holders of certificates.


This redirects the court’s attention to fatal deficiencies in the claim. Such early attacks often succeed in opening the judge’s mind to something being wrong with the form or substance of the claim. But do not expect it to be a magic bullet.


Mortgage Fraud Daily News Update ⋅ November 24, 2020





Gloria’s In Crown Heights Abruptly Closes Amid Wild Claims Of Fraud, Deed Theft, And “Cruelty”


The future recipients of those hefty damages are Marty Riskin, a 92-year-old mortgage lender, and his controversial attorney, Ravi Batra. Nel-Del Realty, …





Fitch Affirms FREMF 2017-K725 and Freddie Mac SPC Series K-725

Fitch Ratings

The sponsor, Robert Morgan, is currently under federal probe on charges related to mortgage fraud, but this property was not specifically mentioned in …





State police investigate burglary, fraud incidents

State police at Fern Ridge reported investigating a burglary and fraud … She was instructed to pay her monthly mortgage payment via gift cards.





Former Lynchburg attorney indicted on wire, mail fraud, false statement charges

Augusta Free Press

Washburn, 44, of Lynchburg, is charged with 10 counts of wire fraud, two counts of making a false statement to a mortgage lender, and one count of …





Inside Airbnb’s S-1, and CEO hit with fraud claims

The Real Deal

Mortgage originator is one of the most buzzed-about startups, recently securing a $4 billion valuation and pursuing IPO dreams. But CEO …





Purdue professor must repay $1.6 million over research fraud

The government alleged Han purchased a single-family house and paid off the mortgage on his family home, both in West Lafayette, with grant money …





Mendocino and Trinity County Sheriff Pledge to Educate the Public, Rather Than Enforce …

Redheaded Blackbelt

Only later to find the person was wanted on federal charges for mortgage fraud and money laundering. Had to forfeit his BENTLEY in Texas for …





John James casts doubt on Michigan election integrity as state board certifies result

… to hold off certifying the November election result by two weeks so various unproven allegations of fraud and “irregularities” can be investigated.





‘He rigged NSF’s system’: Former Purdue prof on probation for federal fraud

Purdue Exponent

Simon did say that it seemed “hanky” to be paying off one’s own mortgage, as Shao was listed as the landlord after purchasing the home and paying …





PPP: SBA Announces New Loan Necessity Questionnaires


The PPP loan application contained a certification that “the uncertainty of … SBA will also inform the lender that the borrower is not eligible for loan … carry significant fraud risk (for a more detailed exposition as to this fraud risk, read …





Extinction Rebellion now encouraging financial crime as climate protest turns into anti-capitalism …


The fact that taking out credit or a loan which you have no intention of repaying is fraud, a criminal offence, and can quite easily land you in jail, is not …







The Fight Against Mortgage Fraud in Canada

Luxury Real Estate

Unfortunately, mortgage fraud has risen up so drastically in the past few years, reaching 52%, that complacency with the current situation just isn’t …





CoreLogic: YoY Decrease in Mortgage Fraud Risk in Second Quarter of 2020

Phoenix Real Estate

CoreLogic® recently released its latest Mortgage Fraud Report. The report shows a 26.3 percent year-over-year decrease in fraud risk at the end of …





Essex County

RLS Media

Ten Charged in Essex County Mortgage Fraud Scheme. Newark – Acting Essex County Prosecutor Theodore N. Stephens, II, announced today that …





Jeffrey DeJesus Real Estate Group


Here are the reasons why the risk for mortgage fraud nowadays is at an all-time low amidst soaring house sales volumes.








Foreclosure News Daily update ⋅ November 21, 2020





Guilford County Still Foreclosing Despite Pandemic

The Rhino TImes

Both Chavis and Payne pointed out that a foreclosure is not a result of missing just a year of payment, so those property owners now being foreclosed on …





Theft, forgery charges against Hilo attorney dropped

Hawaii Tribune-Herald

It was a foreclosure, and Mr. Sulla represented the plaintiff in the foreclosure action. “The bottom line is Mr. Sulla prepared a deed from a legal …





United States: Alabama Court Of Civil Appeals Doubles Down On “Strict Compliance” With Notice …

Mondaq News Alerts

The foreclosure sale was found to be void on this basis. At the time, it seemed possible that Barnes was simply an outlier decision. Last month, however, …





Governor Reynolds announces additional funds for renters, homeowners impacted by COVID-19


The Iowa Eviction and Foreclosure Prevention program has now allocated a total of $37.4 million, with approximately $8 million remaining available.





Nine Indicted in Alleged $6 Million Mortgage Relief Scheme

Nine people allegedly involved in a $6 million scheme that claimed to prevent the foreclosure of properties throughout Southern California have been …





Southridge Mall’s Boston Store property owner objects to possible eminent domain takeover

Milwaukee Business Journal

The 15-acre Boston Store property was foreclosed last year, and the … that property back to its lender to avoid an official foreclosure legal proceeding.





Washington Home Buyers, I Will Buy House Buying Homes in Any Condition for Cash

Daily Record-News

They aim to help homeowners find solutions to situations such as foreclosure, divorce settlements, owing back taxes, and more. I Will Buy House are …





Officials must act now for affordable housing

Alpena News

… payment assistance that will help stave off a looming eviction and foreclosure crisis, which would disproportionately impact communities of color.





Most Admired CEO Cris White leads charge for affordable housing (Video)

Denver Business Journal

The foreclosure forbearance and eviction moratoriums have been tremendously helpful, but mortgage and rent payment liabilities are still accruing …






Tulsa World

… Plaintiff, NewRez LLC D/B/A Shellpoint Mortgage Servicing, filed its Petition in Foreclosure in the District Court for Tulsa County, State of Oklahoma, …





Home Buying Company in Charleston, Steady Properties Buying Houses for Cash in South Carolina


Whether it be divorce settlements, unmanageable inheritance, foreclosure, or just about anything else, Steady Properties can help. Steady Properties …





KC Property Connection Buying Houses in Any Condition in the Greater Kansas City Area


… homes in any condition for cash from homeowners facing challenges such as foreclosure, divorce settlements, unwanted and inherited properties.





Here’s how Jeezy’s real estate investments really stack up

New York Post

Specifically, also per TMZ, the pad was a revamped foreclosure, and Jeezy got it for $45,000 below its asking price. This pad has three bedrooms, …





We are working to keep economy open, strong

Natchez Democrat

the countless Americans who are now facing unemployment, poverty, foreclosure and eviction. Let’s consider the loss of livelihoods, life savings, …





OUR VIEW: Congressman Adam Kinzinger is leading by example

Bureau County Republican

That lifeline is long gone and many programs, such as foreclosure and eviction moratoriums, expire in just a few weeks. When that happens, many …





Survey: 71% of hotels won’t survive another 6 months without further government COVID relief

Niagara Frontier Publications

59% of hotel owners said they are in danger of foreclosure by their commercial real estate debt lenders due to COVID-19, a 10% increase since …





Amending transfer fee charges

Naples Daily News

… of the owners, transfers to a master association pursuant to lien foreclosure, or when existing owners purchase a new home in the same community.





Bed Stuy With Its Housing Plan Once Again Leads The City On Community Development


… CBOs, HPD will support homeowners’ and tenants’ financial well-being with financial assistance and direct support around foreclosure prevention.





10 Things to Do Now If You Have a 500 Credit Score


Events such as missed payments, foreclosure and bankruptcy all lead to a poor credit score. A FICO score or other credit score of 500 or below is …





Opinion: The (Back) Rent Is Too Damn High

A few weeks later, the California Judicial Council placed a moratorium on evictions and foreclosure filings. It voted in August to end it on Sept. 1.





Ladder Capital moves to foreclose on Emerald Equity’s Harlem rental buildings

The Real Deal

The lender argues the foreclosure can go forward in part because the default was not due to Covid-19. Renter payments in residential apartments …





‘Been A Sore Loser’: Gigi Hadid Trolls Trump, Reminds Her Father Defeated Him 30 Years Ago

Republic World

… Trump as he bought the prime Aspen real estate out of foreclosure which included the Hans Cantrup empire by paying $57 million for the property.





Cash Home Buyers Atlanta Explains How To Sell A House For Cash Fast

Digital Journal

Whether they were in foreclosure, going through a divorce, relocating, and can’t sell their house, owned a vacant house but didn’t want to deal with it …







Is Another Foreclosure Crisis Looming?

South Sound Property Group

After a less than stellar 2020, 2021 is likely to bring its own unique set of challenges. Could a foreclosure crisis be among the challenges ahead?





Chances of Another Foreclosure Crisis? “About Zero Percent.”

The Jim Bottrell Team

Foreclosures mounted. This time is different. There was an immediate understanding that homeowners were faced with a challenge not of their own …





Foreclosure Search

Hatch Homes Group

Portland OR Homes for Sale and Real Estate. John Hatch specializes in Homes and Listings, representing both Home Buyers and Home Sellers.






Sumter County Clerk of Courts

The following foreclosure sales are scheduled to be auctioned at 10:00am at the Sumter County Courthouse: Judicial Building First Floor Jury …





My intellectual property is in foreclosure.


110k members in the oneliners community. A variety of funny, one line jokes in a well-moderated, friendly community!





Alabama foreclosure: What you should look for in your credit reports to help stop the foreclosure

Alabama Consumer Protection Lawyers

Are you facing a foreclosure in Alabama? Here are some things you can look for to help stop your foreclosure.





Foreclosure Escalations Specialist


Foreclosure Escalations Specialist is responsible for performing key operational foreclosure functions. This position requires strong mortgage …





STOP Foreclosure today! Sell your house today. Get an offer today


STOP Foreclosure dead in its tracks! We have ways to prevent foreclosure and get some cash in your…





Do u want a CASH OFFER 4 Your Pre-foreclosure home?

Craigslist Worcester

We help solve homeowners problems and creating a win-win situation. we pay cash for ugly homes, probate homes, pre-foreclosure homes, homes …







Are you facing foreclosure and feel like there’s no other option? Do you feel stuck with a house you can no longer afford? Let me help you! I buy houses …






Craigslist Worcester

STOP FORECLOSURE..Worcester. < image 1 of 1 >. 1. QR Code Link to This Post. There can be away to stop this madness…. Join others and sleep …





Pre-Foreclosure Specialist, II Job in Anaheim, CA at Carrington Mortgage Holdings, LLC


Easy 1-Click Apply (CARRINGTON MORTGAGE HOLDINGS, LLC) Pre-Foreclosure Specialist, II job in Anaheim, CA. View job description …





Why You Need to Understand the Truth and How to Use It to Successfully Defend Foreclosure Cases

Livinglies’s Weblog

Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud. You don’t need to believe me. You don’t need proof that what I am saying is …




FREE PROPERTY ALERTS in your area emailed directly to your inbox. Just Enter Zip Code & Select property type(s):. #Foreclosures · #Preforeclosures





Effective December 1, 2020, Illinois Supreme Court Rule 113 is amended

Illinois Courts

foreclosure complaint at the time of filing. (c) Prove-up Affidavits. (1) Requirement ofProve-up Affidavits. All plaintiffs seeking ajudgment of foreclosure,.





Additional Info…

Wayne County, NC

WAYNE COUNTY TAX FORECLOSURE SALE. The following property will be offered for sale and sold for cash to the last and highest bidder at.





Client services

Kingdom CDC

Foreclosure Prevention. If you are a homeowner in need of help with preventing the loss of your home due to a hardship let our counselors assist you.





Foreclosure Secretary


Foreclosure Secretary needed for a law firm in Brooklyn. Must have min 5 years Foreclosures experience. Stable track record, strong computer literacy …







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:

  1. 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).
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.

Ready to get started?

Simply complete the form below to begin your journey towards justice. Once submitted, check your email inbox or email spam folder for detailed instructions on how to move your file forward.

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

Join us in the battle against fraud today!

Complete the form below and then after submission, check your email inbox or spam folder for detailed instructions on how to move your file forward to get the legal remedy you seek and deserve.



Fraud Stoppers Logo

THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. FRAUD STOPPERS is a Private Members Association PMA. FRAUD STOPPERS PMA is NOT a law firm, non-profit organization, or government agency.  FRAUD STOPPERS PMA does not operate in the public sector. Although this website is visible to the public  FRAUD STOPPERS PMA does not intend for any information contained in this website to be considered as legal advise.

The information about Foreclosure law and other legal information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; FRAUD STOPPERS and its members do not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers. This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances.

The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, FRAUD STOPPERS, or committee/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided “as is;” no representations are made that the content is error-free.

For instant access to an affordable local competent attorney click here


Spread the love