THE CHESHIRE CAT & DR. WHO: PROVING STANDING
Even though everything in the last few chapters is true, many judges are not open to entertaining this fact pattern or legal argument, perhaps because they think that could undermine the entire housing market and U.S economy. However, there is simple more straightforward way to challenge a foreclosure sale and overturn the tables on the money-changers!
Standing is the ability of a party to bring a lawsuit in court based upon their stake in the outcome. A party seeking to demonstrate standing must be able to show the court enough connection to and harm from the law or action challenged. Standing cannot be proven out of the mouth of the Agent. Standing can only be proven out of the mouth of the Principal! So, if someone is attempting to foreclose on your real property the first question you should ask is: Who Are You?
Many homeowners have asked their lenders/servicers to show them the note, only to discover they cannot produce them. We have good reason to believe that many of the notes were destroyed because the Bankers Association testified to the Florida Supreme Court in case NO. 09-1460, that “the reason many firms file lost note counts as a standard alternative pleading in the complaint is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file.”
Unfortunately, some judges have decided banks and servicers can foreclose without the original wet ink signature note. Federal courts however require creditors to have the real promissory note(s) if they wish to claim that they are a secured party of interest. But it’s not just about having the wet ink signature note, more important is dose the party foreclosing have a properly perfected lien, or are they the holder of the note in due course with rights to enforce?
To help you determine if the party attempting to collect on the note or foreclose on your home has a perfected lien (mortgage / deed of trust) and if they are the holder of the note in due course with rights to enforce FRAUD STOPPERS PMA can conduct a mortgage fraud analysis, Bloomberg securitization audit, or chain of title investigation.
Another way to get to the bottom of the rabbit hole is to challenge the legal standing, capacity, and agency of the party claiming they hold the note, or are attempting to foreclose, in federal court under the Fair Debt Collections Practices Act (FDCPA).
Recent lawsuits filed against law firms who collect debts under the FDCPA reveals the liabilities assumed by lawyers who, knowing that there are defects in their clients legal standing, pursues it anyway. In many foreclosure cases lawyers have entered into contracts with loan servicers and banks to foreclosure on properties knowing their clients lack the legal standing to initiate the foreclosure proceedings.
These law firms had to know that documents that they referenced or attached to their pleadings were either fabricated by the banks or fabricated by others on behalf of the banks. The lawyers had to know that the “client” was not the real Plaintiff or Claimant. Nevertheless, they dishonestly continued acting as if the named Plaintiff existed and had a valid claim. The reason they had to know is because lawyers are required to do due diligence to know with 100% certainty that the named plaintiff exists and that filing a lawsuit or sending out notices on behalf of such clients without having been retained by them, is legal and valid.
For example, naming Bank of New York Mellon as trustee, when there is no trust is a breach of fiduciary responsibility. Naming or implying the existence of a trust when it does not exist is also a breach and cause of action against the lawyers representing the foreclosing party.
Such actions are violations of the FDCPA. The banks have seemingly suckered lawyers into handling debt collection and foreclosure actions without disclosing the fact that they (the lawyers) can be held liable for multiple violations of state and Federal laws.