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REVERSE “MORTGAGES” ARE SUBJECT TO SAME DEFENSES AS ANY OTHER HOMEOWNER TRANSACTION
by Neil Garfield
I am getting a lot more inquiries about reverse mortgages in which Foreclosure is threatened. That’s far, there appears to be no difference in the challenges and offenses available to homeowner homeowners between what is ordinarily falsely described as a “conventional Loan” and a “reverse mortgage loan.” The goal of the finance side of these transactions is the same: the sale of securities.
So here is a common response that I am giving to people to make inquiries:
The only players you have mentioned or companies that are claiming to be servicers. Based upon my research and analysis in other cases, I think it is highly unlikely that PHH, Ocwen, or Celink ever performed any services that are ordinarily associated with the use of the term “servicer.” I don’t think they are even authorized to perform those services. They are placeholders whose names are used to deflect attention from a real players, none of whom on or maintain a loan account receivable. In all probability, this transaction was subject to false claims of securitization, which means that securities were issued, but they did not represent any interest in any debt, note or mortgage.
The procedures that are being offered to you or merely devices for you to waive rights to challenge their claim. I think there’s a high probability that the apparent debt has been extinguished through the process of securitization. At securitization, many layers of securities are issued and sold that re-pay the players and produce outsized profits that are not disclosed to the homeowners. On the finance side, nobody treats the transaction with the homeowner as though it was a loan except for purposes of “enforcement.” In order to achieve their goal, it is necessary to fabricate false documentation and present them as valid and authentic memorialization of transactions. But the transactions never occurred.
This is very confusing to anyone who is not fairly knowledgeable about investment banking, accounting and law. So that includes homeowners, lawyers and judges. Using the label of a “loan” the players are able to use the label of “lender” and “servicer.” None of these labels are true in the sense that they describe the actual function of the company is described as performing some role in connection with the loan.
What all of that means is that if you are going to challenge them, you have an uphill battle to convince a skeptical judge that you were not simply trying to wiggle out of a legitimate debt. I’ve been litigating these specific cases for nearly 16 years. While I have been either instrumental or the actual lead attorney defending homeowners from these false claims, I can say that without any doubt, the process is a lot easier if the homeowner starts early and does not wait to assert challenges until they are actually in court. I have won cases in both categories, but it is a lot easier if the attorney can state and show that they were a previous statutory attempt to obtain knowledge of the identity alleged creditor, and the existence and status of the alleged loan account.
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