Professional Wrongful Foreclosure Litigation Package with Chain of Title Analysis (COTA)
This is a turnkey court ready professional litigation package to sue your mortgage company for financial compensation of fraud and clear and marketable title to your real property. The average delivery time is 7 to 10 days and includes:
- Chain of Title Analysis (COTA) & Affidavit Sample
- Turnkey Wrongful Foreclosure Complaint (Petition for Damages) Sample
- Application for a Temporary Restraining Order (TRO) – to foreclosure stop sale or eviction if pending Sample
- Lis Pendens – to cloud marketability of title Sample
- Exhibits & Instructions
Key Features of FRAUD STOPPERS Chain of Title Investigation:
- State Specific Analysis: We conduct a thorough investigation of the documents involved in the purported true sale of your mortgage loan, comparing them to the relevant Federal and State statutory requirements, local laws, and case law. This ensures we identify any potential lawful rights that may have been conveyed during every step of the securitization process.
- Legal Eligibility Assessment: Our investigation focuses on determining whether an Assignment of a Security Instrument was legally eligible for recordation and whether the new assignee is a true party in interest to the real property. We provide a Sworn Factual Affidavit, prepared by licensed private investigator specializing in Uniform Commercial Code (UCC) violations and chain of title violations, stating the findings of our investigation based on public, private, and court records.
- Comprehensive Focus: Our investigation centers around key aspects, including the “legal right” to control and dispose of real property, the “legal link” between the property owner and the property itself (Deed), and the “legal evidence” of ownership rights in the real property. We also analyze the conditions necessary to acquire a valid claim to real property.
Benefits of FRAUD STOPPERS Chain of Title Analysis (COTA):
- Trust Law Expertise: Our investigation delves into the applicable Trust Law for the state where the securitized Trust is held. This enables us to provide you with accurate information and arguments to counter the banks’ claims.
- Indorsement Analysis: We provide definitions and visual examples of different kinds of “indorsements,” allowing you to effectively challenge the banks’ claims of “indorsement in blank” and strengthen your defense.
- PSA and Prospectus Supplement Examination: We analyze the Pooling and Servicing Agreement (PSA) and 424B5 Prospectus Supplement of the RMBS Trust or GSE Circular Supplement. This scrutiny helps us prove whether the trust followed its own guidelines, which can be crucial evidence in your defense.
- Updated Legal Knowledge: Our professionals provide invaluable research and equip you with the most relevant information and evidence you need to win your case, Federal and State statutes, and foreclosure defense developments. We ensure you stay informed and educated throughout the process.
Understanding Mortgage Fraud Investigation: Our Mortgage Fraud Investigation focuses on the securitized mortgage loan instruments and the relevant federal and state statutory laws. Key points include:
- Tangible Mortgage Loan Instruments: We explain how the Promissory Note of the Tangible Mortgage Loan Instrument is created under federal and state statutory law. We highlight how real property secures the Promissory Note and the requirements for properly filing the Warranty Deed with the County Recorder’s Office to secure the property.
- Two Key Documents: We emphasize that only two documents, the Paper Tangible Promissory Note and the Paper Tangible Security Instrument, are required for the securitization process. We outline the importance of filing the Tangible Promissory Note with the County Recorder’s Office to identify the original lender and the rights to the Note and the Security Instrument.
- Securitization Process: We explain how securitization occurs when the Mortgage Loan Originator offers the mortgage loan instrument to an Account Debtor (Sponsor/Seller) in exchange for certificates sold to investors. We highlight the necessity of a properly perfected security interest through the filing of the Security Instrument with the County Recorder’s Office.
- Electronic Mortgage Loan Package: We shed light on the digitization of the Tangible Promissory Note and Security Instrument, creating an electronic Mortgage Loan Package. We clarify that this electronic file is not the same as the Tangible Promissory Note and Security Instrument and doesn’t provide a valid security interest.
Understanding Electronic Sales and MERS Involvement: We provide insights into the electronic sales process and the role of Mortgage Electronic Registration Systems (MERS). Key points include:
- First and Second Electronic Sales: We describe the First Electronic Sale, where the Loan Originator offers the Electronic Mortgage Loan Package to a buyer, and the Second Electronic Sale, where the Seller/Securitizer sells the Electronic Mortgage Loan Package to the depositor of the Investment Vehicle. We highlight the issues with the transferability and enforceability of the Tangible Obligation during these sales.
- MERS Involvement: We explain the registration process with MERS and the creation of an 18-digit Mortgage Identification Number (MIN). We clarify that the MERS registry tracks control and ownership rights of the electronic digitized file, but the Security Instrument requires a separate Notice of Assignment filed with the County Recorder’s Office to establish rights.
Understanding Default and Perfection of Lien Rights: We outline the process that occurs upon default and the challenges with the perfection of lien rights. Key points include:
- Notice of Assignment: We explain that upon default, a Notice of Assignment is filed with the County Recorder’s Office to transfer lien rights. However, we highlight the discrepancies between the Chain of Negotiation of the Tangible Note and the Perfection of Lien Rights, exposing potential fraud in public records.
- Flaws in Securitization: We discuss how the flawed securitization process grants rights to both the Account Debtor (Intangible Obligor) and the Original Account Debtor (Tangible Obligor), creating a legal and logical impossibility. We highlight the invalidity of electronic signatures in the negotiation and transfer of the Intangible Obligation.
FRAUD STOPPERS Chain of Title Analysis (COTA) provides a comprehensive investigation into the ownership and possession rights of your mortgage loan instrument, empowering you with the knowledge and evidence necessary to fight foreclosure and mortgage fraud lawsuits. Trust our expertise to help you navigate the complex legal landscape and defend your rights effectively. Contact us today to learn more about our services and how we can assist you.