Where Do I Start in Foreclosure Defense?

I recently received a specific request from an attorney in Massachusetts for litigation support there. He was interested, fascinated, but didn’t know where to start. After responding to him I decided to publish my response here for the assistance of others. He was asking for case law, but I redirected him to start with preparing his strategy and narrative.
There are plenty of cases across the country, including Massachusetts. In order to tailor it to your case, we would need to be retained for litigation support. Please speak with my staff about these options. It usually starts with a title and securitization report and then a consultation for an hour and then we offer varying levels of support depending upon what is required. Each state is different not just on the legal analysis but even more on what gets traction in a particular location.

As for the research, you need to know about securitization to know which questions to ask and what points to use as your focus. And discovery is a big part of this, but first you must make sure that in the pleadings you don’t admit the validity of the loan (i.e., the actual cash transaction because it probably came from a third party), the note, the mortgage, the default or the right to enforce. Keep reading my blog and go back in time as far as time permits and read the articles which usually have references to cases and other articles about this tragic misapplication of law and common sense.

You must build your case with a narrative that fits your case. The basic premise here is that the party on the note designated as payee, the party designated as mortgagee (or beneficiary under the deed of trust), the party that was the alleged assignee from the originator, the party who allegedly sold the loan all have one thing in common — no actual transaction that occurred in reality. They neither loaned money to the borrower nor did they buy the loan afterwards. The money that appeared on the closing table came from a third party not in privity with the borrower or the alleged lender at closing.

The foreclosure is simply another step in the theft, conversion or diversion of money, title and legal process to people and entities that perpetrated a huge fraud starting at two points of origination, to wit:

(1) — the sale of bonds to a pension fund or other investor where the money was never turned over to the issuer of the bonds (REMIC trust) and then was applied in ways described as pure fraud by those investors, insurers, counterparties on third party “sales” of the bonds and government agencies and

(2) the sale of mortgage loan products that were highly complex, lacking in required disclosure, violative of the prohibition of table funded loans and other laws against deceptive and predatory lending practices, using funding from an unrelated third party source leaving the investors with no note and no mortgage, and no bond — allowing the investment banks to claim ownership over all of it and leading to the creation of tens of millions of fraudulent, documents fabricated, forged and executed without authority for the sole purpose of getting the system to approve the forced sale of both personal residences and commercial properties where they could say the deal failed and avoid liability to the multiple buyers in multiple disguised sales of the same mortgage — directly or indirectly.

Both originations have this in common: the actual monetary transaction was NOT what is described in the paperwork that was used to lure the investor or homeowner into the transaction. The transaction trail and the monetary trail are the same. But the paper trail matches neither the transaction trail nor the money trail. Your goal is to show that to be the case when it is the case, which appears to be 96% of all loan “transactions” commenced between the years 2001-2009.

By showing that there can be no application of equitable mortgage solutions because no state allows equitable mortgages (it would disrupt the marketplace and undermine title), you proceed to show that the mortgage was never owned by the parties shown by the foreclosing side, and secures a note that does not describe the parties or the terms of repayment to an unrelated third party investor.

This negates enforcement of the mortgage altogether because it attacks the perfection of the mortgage lien as discussed in several cases, and leaves the note open for general litigation enforcement — but as an alleged holder, which is an admission that the party allegedly holding the note has admitted they didn’t buy it, they knew of borrower defenses (including lack of consideration) or both. Either way they cannot win unless they show the money trail (from origination to present day) which in my experience they have NEVER done in thousands of cases I have tracked.

For more information on litigation support, expert witness services and other assistance please call 520-405-1688, or 954-495-9867.

20 Responses

  1. Does anyone have any contact information for the section of the IRS that would investigate REMIC violations. Would prefer to have a phone number.

  2. Need some assistance. I need to find specific laws that state that it is illegal for Servicers and thier attorneys to create fraudulent Allonge’s and Assignments in order to foreclose on a homeowner. Thanks jsmith5915@msn.com

  3. I’m coming to the conclusion that no matter how well-pleaded your case is, you will be ruled against over and over. Judges will mis-state facts to get them in the record and refuse to take notice of relevant evidence.
    See ya in the 7th Circuit.

  4. I think everyone needs to watch ” inside job” I found it in savers for 3 dollars. 🙂

  5. Dear Pam Bondi,
    There are two lawyers out of Coral Gables Florida named Andrew Braaksma supervised by Paul McKenna who we believe may have broken State and Federal Laws. We also believe that they may have severely violated many rules of the Florida Bar. We also believe that they are destroying the integrity of our courts and our legal system. They along with their clients (US Bank and SN servicing) have uttered forgery and submitted Forged deeds in court and that is a crime because they know and have now seen the evidence. Very credible well known highly respected Notaries have come forward with sworn affidavits proving that the documents they used are forged. If these document are in fact forged and have crossed state lines which we believe they have, then why aren’t these people being prosecuted for federal anti forgery crimes? I have spoken to many victims of US Bank that are saying the same thing that their deed are forged, How can this keep going on In America? We have to file a criminal conspiracy lawsuit against these attorneys when it is clear that the state should step in a stop them from what they are doing. We believe that RICO charges may apply, please defend the good people of Florida against this type of fraud on our courts. Most people will lose their homes when they shouldn’t, most people lost their homes because the banks have a mountain of money and they beat down anyone who fights them. They just keep hiring other attorneys who can claim that they didn’t know the documents were forged, but you know most are, the OCC knew they are and any reasonable person now knows that crimes are being committed by the banks and no one is going to jail. The Board of Directors of US Bank, SN Servicing and their attorneys like Andrew Braaksma and Paul McKenna need to be prosecuted if they have broken the law. Please investigate these men and put a stop to this. Ray Shelton

  6. It’s really simple. The party who wins is the one with the most dirt on the judge.

  7. Reminder re Nazis
    They lost and the French speak French because of the Brits and the Americans.

  8. I’ll tell you where I started in foreclosure defense by googling – right here
    5 yrs on
    Wish I had got on a boat to Austrailia
    But I didn’t Recently read a good piece of background reading
    TIME magazine ” how Wall Street won” five years after the crash it could happen all over again ” ” issue sept 23 2013
    Read why we must expose ” weapons of mass financial destruction” why we must ” limit leverage” and why it’s way time to ” reboot the culture of finance”. ( got great suggesting re that last one- as I’m sure the rest of you do)
    I’ll say this get your facts right get your docs in order read up research and be ready to present your case succinctly as possible to a well researched attorney with experience. Because you need him/ her.

  9. I think A man is right. What has happened in this country is something one could have witnessed in nazi Germany but never in America.

  10. A man
    when i look back at what Judge Schlesinger dispensed as justice after taking over my case vowing to obey our us Constitution and our Laws to our US Constitution. it was not possible for her to do the right thing since her body is built on a
    CROOKED A H ole.

  11. LOL, I still fail to see the correlation. What does ethnicity or religion have to do with Judges that simply don’t get it, or care for that matter.

    I get the NEVER AGAIN part, just feel it is more fitting to describe the holocaust. Drawing a parallel between 10 million folks fighting to keep a house and 10 million folks being wiped from the planet does not jibe.

    I would much rather live in a tent, than watch someone rip out my children’s fillings before stripping them and putting them in a gas chamber. But… to each their own, and if you feel better venting your anger against all the world atrocities in one centralized setting – let em have it!

  12. iwantmynpv. Here let me make it easier for you.
    It is like an African American getting a fair trial in MissIsspi circa 1950, with an all white jury


  13. @ A Man – why does everything that happens on the planet have to be assimilated with an attack on the Jews.

    I mean really… the globetrotters and Jew being tried in nazi Germany, and Judges in the these united states of America. I fail to see the correlation!

    C’mon, give it a rest already. It is not only the Jews losing their homes to foreclosure, and I have yet to hear one Jewish defense organization stand up, speak out or even offer other Jews that are losing their homes any assistance.

    There is more to life than organized religion… and I base that statement on my studies of the vast majority that are offered.

  14. Quiet Time Again? Sheesh!

  15. Live, Love, Laugh and Learn.

    The Trust shall set you Free.

  16. Just the usual. Glad I am not stranded. Call when you are out. No emergencies.

    Sent from my iPhone


  17. I suggest watch a game of the Harlem Globetrotters. Know your Judges. There are remedies very legal remedies for Judges who do not report conflict of interest. Otherwise you could have the best arguements in the world and it wont help.

    Sort of like a Jew trying to get a fair trial in Nazi Germany


  18. I had basically thrown my little mortgage business in neutral and killed the head lights when this blog started and whole deal was coming unwound .. I have spent countless hours in conference with counsel on both sides of this issue and applaud – try EMPHATICALLY applaud the effort that goes into foreclosure defense.

    THAT being said – I can tell you right now there was huge benefit to consumer in many of these deals. Predatory?

    No. Absolutely not. Most shopped for houses for months – most were deathly concerned about a mortgage payment staying within reach.

    Watching these mega-goon foreclosure firms torment people out of their houses with blatantly fake files, giant lies, mega-stalking + threatening, lying, hateful … extremely hyper personal /seething / robbing .. takes my breath away.

    I had to watch them in court to believe it.

    But the only thing predatory in loads of these files was servicing.

    We got referrals from them, remember?

    Make it a Great Day.

  19. But for us “Pro Se” victims who are forced to argue our own cases due to the lack of funds to pay an attorney, we must all try and help break these arguments down into the simplest and most effective language possible. The theory of the argument makes sense and hold water, but the critical emphasis is on how we should present and construct the argument using the English language. Regardless of how the Judge in your case reacts to the argument, you must always be cognizant of building your case for an Appellate Division panel of Judges who can possibly reverse this Judges decision later. The art of getting important points “on the record” and written arguments as “part of the record” is crucial for later Appeals. The key seems to be in forcing the Judge to rule on things that clearly show that he clearly “erred” when he refused to properly address those key points in your argument, and then he ultimately ruled against you. The Appeals Court can only reverse or remand when a Judge “errs” on a matter of law. So the bottom line is this, how do you present this argument in a quick, precise, complete and strong manner when the Judge in your case is interrupting you and talking over you, and trying to control the narrative, etc .. ??? We all know that most Judges in Foreclosure Courts have very little patience for listening to the homeowner ramble on about anything, especially something as crazy as an argument like this, where we are denying that any real transaction took place. He will likely jump in and ask if you bought or re-financed the house, and ask how that was possible if no transaction took place !!! And so on and so forth. The Judge in my case with Wells Fargo will be putting all of the emphasis on the fact that they have the “Note” in court which is all they need to prove that they are the correct Plaintiff (He said this last time they attempted to Foreclose on me, but I was objecting to is being the real wet ink note and was also raising arguments about known Robo-signers on my Assignment of Mortgage, along with a fake, fraudulent signature scribbled in where the notary was supposed to have signed the document. He order a Plenary Hearing and wanted Wells Fargo to bring these people into court to be sworn in and placed under oath, they refused to do so and asked him to sign an Order dismissing the complaint and Vacating the Judgment and scheduled Sheriffs sale in my case. That happened back in 2011, and now the bank has filed a new foreclosure complaint using a different law firm, but are still using the same fraudulent Mortgage Assignment document. My re-finance was done in 2004 by Commerce Bank, it was immediately stamped and endorsed to Washington Mutual Bank after the closing. Fannie Mae owns my loan according to their website and the current servicer Wells Fargo. Right before Washington Mutual collapsed they sent my servicing rights over to Wells Fargo. The chain of title has never shown any evidence or recordings of Washington Mutual. Only the MERS fraudulent Mortgage Assignment is relied upon to falsely claim that Commerce Bank gave the Mortgage and Note to Wells Fargo so they can foreclose on my house. Nowhere in any records does it show how Washington Mutual obtained the Note or how they transferred it to Wells Fargo years later. In my first case I argued that they need to show proof, dates, signatures of “Transfers” according to UCC. The Judge wanted them to bring those proofs too to the Plenary Hearing he had set. That’s when Wells Fargo switched out attorneys and brought in their “big dogs” from their main law firm in NJ because this case was getting so far out of hand and now they were exposing themselves to perjury and fraud. These new bank attorneys decided to Dismiss the complaint and vacate the Judgment at that point. They wrote the Order and the Judge signed it. But it was my Motion to Vacate due to Fraud that was being heard. I could not understand how they got to end my case on fraud, when fraud was blatantly evident to the court, and it being MY MOTION, not theirs ,, that they wrote the Order to Dismiss without prejudice). That 1st complaint was filed in 2007 and dismissed in 2011. Now here we go again with the same faulty documents. But that Judge kept harping on the fact that “they had the note, and you are in default” .. so it shows what he was thinking, that they could always fabricate new documents and he would eventually rule in their favor based on them being Holders of the Note. So Neil’s argument is essential , because even fraudulent documents such as my Assignment of Mortgage can be re-done and fabricated by WF ? Am I wrong to believe that a fraudulent Mortgage Assignment nullifies the entire mortgage?

  20. KEEP IT SIMPLE, if I may add in.
    SIMPLE. simple. simple.
    The Courts are busy. If you start taking about securitization/ investors bonds junk and the Judge does not really know what you are taking about you are shooting yourself in the foot right off the bat. The Judge may think you are simply fingering the ‘housing bubble’ because you do not have any reasonable explanation for not paying your loan and that’s about that. (my personally lesson-learned experience, trust me!)
    Remember Simple! Shift the burden of proof from `you are in default` to `what loan`?
    Plaintiff wants YOU to prove how you are NOT in default by admitting the “debt” or you missed payments << you just validated your debt.

    Make them prove THEY loaned YOU funds which bought your home or all they need is that piece of paper called a "note" to say they did.

    After rereading and rereading and rereading,….the papers in my case the plaintiff filed…..they do NOT say they are "holder" of the loan, note or mortgage.
    The servicer claims "defendant" executed a certain note & mortgage, ….which copies of are attached to their affidavit …..

    …….they state they are HOLDER of the COPIES……..that they control and possess records RELATING to defendants 'mortgage loan'….

    If you are a simpleton- really, seriously, there is TOO much in this to take on yourself.
    Even if you covered every angle and have a hell of a load of fraud you can PROVE – please remember, you are not a lawyer, get a good one fast on their toes. I dislike we must use them, but that's the game.

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