Stop Using the Word “Servicer”

by Neil Garfield

The courts will always at least initially consider the points that you are raising to be technical attempts to escape liability for a legal debt. You need to reframe the situation. And the way that is done is by changing the case from “Bank vs Homeowner” to “Judge vs foreclosure mill”, for failing to comply with the rules, and court orders enforcing those rules.

I have come to the conclusion that there is a problem in accepting the label of “servicer.” By referring to companies who claim to be servicers, we are tacitly admitting that they are performing servicing functions. In fact, the attributes of servicing that are commonly attributed to servicing do not occur by, within, or on behalf of those companies.

It may be too late to bring this issue up in your case. But I think everyone needs to be aware of the fact that this may work against you. If you admit that the company is a servicer, then you are admitting that it is performing servicing functions like receiving payments and making disbursements to investors.

Direct and tacit admissions by homeowners are deadly in court. The problem is that most pro se litigants and many lawyers don’t even realize that they are directly or tacitly admitting the truth of facts asserted or implied by their opposition.

Logically that would be an admission that the payments were actually received by the servicer and then forwarded to investors. And logically that would mean that the action is brought on behalf of those investors no matter how it is formally styled. That could and does fall under the doctrine of damnum absque injuria — a violation without damage. What difference does it make that the paperwork was screwed up if the claim was valid and the money went to the right person?

And that is the problem that you are confronting. The courts will always at least initially consider the points that you are raising to be technical attempts to escape liability for a legal debt. You need to reframe the situation. And the way that is done is by changing the case from “Bank vs Homeowner” to Court versus foreclosure mill, for failing to comply with the rules, and court orders enforcing those rules.

It might be true that at your stage of litigation you might be best off fashioning a brand new complaint to give rise to new discovery demands. Many lawyers and pro se litigants fail to realize the importance of the rules and how to follow them until it is too late, discovery has closed and mediation has already occurred without objections to the failure of the plaintiff to show up.

I was tipped off about this issue by an insider who had direct knowledge and who will remain anonymous forever. With a laugh, he asked whether I would entrust all my income to some sketchy thinly capitalized company calling itself a servicer. I said of course not. And he said, “right, and neither do the investment banks.” That was in 2008.

After that, I learned that all of the commonly known companies that called themselves “servicers” do not actually receive or disperse any money. And they don’t actually account for the money. Further, I have learned that the named servicer authors or signs virtually none of the correspondence supposedly emanating from a company that has labeled itself as a “servicer”.

That means that their supposed “business records” are nothing more than reports of reports generated by the actual people who receive and account for the funds. Those third parties also are the sole repositories of “original” and fabricated documents. None of the exhibits preferred by such fake servicers qualify as business records. they are all subject to the hearsay rule, which is to say that they are not admissible into evidence in court.

And all of that means that there is no case and there is no claim that is being presented against any homeowner in which securitization is asserted in the forefront of the case or in the background.

The key issue that is presented in most cases is that the homeowner fails to raise a proper objection at the proper time to such exhibits and the proper objection at the proper time to the testimony from the Robo witness, which is essential to the foundation of accepting the exhibits into evidence in court.

The rules of the court require the judge to accept such testimony and to accept such exhibits into evidence if there is no timely and proper objection. That is not bias. It is the way the system works and if your think about it, it is the way the system must work. the judge is not an investigator.

The judge is the arbiter who decides whether the parties are playing by the rules. Once the evidence is in, the judge must weigh that evidence to determine whether the prima facie elements of the claim have been established. If there is no other evidence, the judge must, according to the rules, enter judgment for the claimant even if the judge suspects there is something wrong with the claim.

So the goal of every homeowner, if they want to win, is to recognize and confront the fact that the false claim against them is going to win if they don’t do something at the proper time and improper way as set forth in the rules and laws governing civil procedure and evidence.

The secondary goal should be to disabuse the court of its assumption that even if there is everything wrong with the claim there is no harm in entering judgment because the right party is getting the money that is owed in legal debt owed to that party. That requires a gradual process of education and persistent relentless use of the strategies that must be allowed to the homeowner in order to satisfy the requirements of constitutional due process.

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:

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).

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.

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.

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.

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.

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.

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.

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.

LIST OF FORECLOSURE LAWS BY STATE

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.