Unmasking False Claims in Bankruptcy: Unveiling the Power of Discovery Strategies with FRAUD STOPPERS’ Mortgage Audit

Introduction:
When it comes to bankruptcy cases, false claims can pose a significant challenge for both lawyers and homeowners. Many individuals mistakenly assume they have all the necessary answers and overlook the critical questions that could dismantle the case against them. In this article, we will explore the importance of thorough discovery strategies in unmasking false claims and ensuring a fair and just resolution in bankruptcy proceedings, with a focus on how a mortgage audit from FRAUD STOPPERS can enhance these efforts.

The Significance of Asking the Right Questions:
Often, individuals fail to realize that without asking the right questions, they cannot expect to receive accurate and relevant answers. In the context of bankruptcy, this becomes particularly crucial. Failure to seek enforcement and address violations of the rules can lead to these violations going unnoticed and unresolved, potentially impacting the outcome of an appeal. Therefore, timely, appropriate, and clear questioning is essential to shed light on false claims.

Utilizing Motions to Strike:
One effective method for challenging false claims is by filing a motion to strike. This legal maneuver challenges the validity of the claim, highlighting critical flaws in the evidence presented. By leveraging a mortgage audit from FRAUD STOPPERS, lawyers can strengthen their motions to strike by incorporating expert analysis and comprehensive examination of mortgage documents. This invaluable resource can provide additional evidence and insights to further discredit false claims.

Unveiling Inconsistencies through Discovery:
Discovery plays a vital role in uncovering inconsistencies and unearthing hidden information. By partnering with FRAUD STOPPERS and utilizing their mortgage audit services, lawyers gain access to a team of experienced professionals who specialize in mortgage fraud investigation and analysis. This expertise empowers attorneys to craft targeted discovery requests, backed by comprehensive findings from the mortgage audit. Through this collaborative effort, lawyers can uncover crucial inconsistencies and discrepancies in payment history, loan ownership, and documentation, bolstering their case against false claims.

Targeting Servicing Agreements:
To gain further insight into the handling of funds and the disbursement of money, lawyers can rely on FRAUD STOPPERS’ mortgage audit to scrutinize servicing agreements. The audit process examines the contractual arrangements that dictate the collection of funds, ensuring transparency and identifying potential irregularities. With FRAUD STOPPERS’ support, lawyers can leverage the audit findings to strengthen their discovery requests and challenge false claims based on questionable servicing practices.

Unraveling the Chain of Ownership:
FRAUD STOPPERS’ mortgage audit also assists lawyers in unraveling the chain of ownership. By conducting a thorough examination of relevant records and documentation, the audit uncovers any discrepancies or fraudulent activities related to the alleged unpaid loan account. Armed with these findings, lawyers can initiate discovery requests that target key entities involved in the transfer of accounts, ensuring a comprehensive examination and raising valid concerns about the legitimacy of the claims.

Conclusion:
In the realm of bankruptcy cases, the power of discovery strategies combined with FRAUD STOPPERS’ mortgage audit services cannot be overstated. By asking the right questions, filing motions to strike, and utilizing targeted discovery requests, lawyers can effectively challenge false claims and bring inconsistencies to light. FRAUD STOPPERS’ expertise in mortgage fraud investigation and analysis enhances the discovery process, providing lawyers with invaluable insights and evidence to support their case. When it comes to unmasking false claims in bankruptcy, an unwavering commitment to discovery, coupled with the expertise of FRAUD STOPPERS, is key to upholding justice and protecting the rights of homeowners.

What do I ask?

Neil Garfield
May 25

Because most lawyers and homeowners think they “know” the self-evident answers, they don’t ask the questions that would completely destroy the case against them.

Just make a note that unless you ask, there is no obligation to give you answers. And unless you seek enforcement, the violation of the rules will go unnoticed and will not be a proper subject on appeal.

You must ask in a timely, appropriate and proper manner. Your question must be clear as a bell. If your question is vague, then that invites evasive answers.
So here is my response to the lawyers litigating a bankruptcy where a false proof of claim was filed:

Motion to strike. It does not prove a claim for a creditor. The putative creditor did not file this. An agent claiming undisclosed authority signed it.

Motion to Strike Paragraph 7: The “proof of claim” is based on an uncorroborated payment history generated by unknown sources rather than the alleged unpaid loan account.

Motion to Strike Attachment to Proof of Claim: The “proof of claim” is based on an uncorroborated payment history generated by unknown sources rather than the alleged unpaid loan account. The attachment is a Payment History from an undisclosed source not a copy of the unpaid loan account from the creditor.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the trust account in which the alleged unpaid account is held as an asset for beneficiaries of a trust.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the unpaid account held by USBT in the aforesaid trust account in which the alleged unpaid account is held as an asset for beneficiaries of a trust.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the servicing agreement appointing SN Servicing to collect money from the debtor and describing the disbursement of such money.

Discovery: Subpoena Duces Tecum to SN Servicing to produce records custodian employed by SN and produce certified copy (under oath) of the records and data relating to the physical or electronic collection of money by SN with respect to the subject alleged unpaid loan account.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association and SN Servicing to produce records custodian employed by USBT and SN and produce certified copy (under oath) of the creation of an unpaid loan account owned by Countrywide Savings Bank, and the alleged or implied sale of said account by Countrywide.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association and SN Servicing to produce records custodian employed by USBT and SN and produce certified copy (under oath) of any merger or acquisition agreement that resulted in the payment of value in exchange for ownership of the alleged unpaid loan account.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce certified copy (under oath) of the alleged loan account starting with the date of creation of the unpaid loan account on the books and records of Countrywide and continuing up to the date of response showing the current balance allegedly due to USBT.

Discovery Interrogatories: If you do not have direct access to the information demanded in the preceding Subpoena Duces Tecum, produce an officer of USBT who has personal knowledge of the identity of the person(s) who do have such knowledge and who is familiar with the trust accounts held under the referenced trust.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce certified copy (under oath) of any loan account record file and records transferred to USBT relating to the subject debtor.

Discovery: Subpoena Duces Tecum to US Bank Trust National Association to produce records custodian employed by USBT and produce a certified copy (under oath) of the trust account in which the alleged unpaid account was purchased for value, including the date and parties to the transaction.

Discovery: Subpoena Duces Tecum to Bank of America to produce records custodian employed by BOA and produce certified copy (under oath) of the creation of an account in which the alleged unpaid account was purchased for value, including the date and parties to the transaction.

Discovery: Subpoena Duces Tecum to Bank of America/Countrywide to produce records custodian employed by BOA and produce certified copy (under oath) of the under which MERS was instructed to execute documents to be in the recorded chain of title for the subject property of the subject debtor.

Same series for additional trusts, trustees and servicers.

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