Livinglies's Weblog

Producing a USEFUL report that can identify gaps, inconsistencies and deficiencies in the primary documents used for foreclosure is a complex task. It must be thorough and it must be correct and free from “opinions” that the writer is not qualified to present. Opinions ruin credibility under they come from a qualified expert with credentials, education, training and experience in cases other than your own.

This article is devoted to one tiny step in the process of forensic research and investigation. A properly trained paralegal is far more likely to get it right than a pro se litigant and even most lawyers.

GO TO LENDINGLIES to order forms and services. Our forensic report is called “TERA“— “Title and Encumbrance Report and Analysis.” I personally review each of them for edits and comments before they are released.

Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative:

954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a lot easier on us and yourself if you fill out the registration form. It’s free without any obligation. No advertisements, no restrictions.

Purchase audio seminar now — Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense including 3.5 hours of lecture, questions and answers, plus course materials that include PowerPoint Presentations.

THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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1. You must report on the status of that entity.
2. Did that entity exist at the time the document was supposedly executed?
3. Is that entity actually a part of the chain of title or is it merely referenced? Or is it not clear, because of the way the signature block was constructed?
4. Does that entity exist now?
5. What is the history of that entity?
6. Has that entity been involved in alleged robo-signing in other cases — check with top 400 robosigners.
7. Based upon the documents and facts you have obtained, is there any indication as to whether that entity has a financial interest in the debt, the note or the mortgage? [They are different. In order to foreclose the foreclosing party must own all three].

1. Google: “Who is XYZ Savings Bank FSB”
2. Google: “What is a “Federal Savings Bank?”
3. Google:  “Implodometer”
4. Google: “Where is XYZ Savings Bank FSB located?”
5. Google: “Where is XYZ Savings Bank FSB registered?
6. Google: “XYZ Savings Bank FSB + merger”
7. Google: “XYZ Savings Bank FSB + FDIC”
8. Google: “XYZ Savings Bank FSB + lawsuit”
9. Go to LIVINGLIES BLOG homepage and insert name of entity in search index.

1. XYZ Savings Bank FSB is referenced on an instrument bearing the title “Assignment of Mortgage.” There is no reference to a financial transaction in which the debt, note or mortgage was acquired.
2. It was created (or chartered) under and regulated by United States federal law, and administered by the United States Department of the Treasury’s Office of the Comptroller of the Currency, which shows XYZ Savings Bank FSB as “Active”on its website.
3. The specific reference to XYZ Savings Bank FSB is that the “Assignment” instrument dated the 5th day of July 2009 recites that Ocwen Loan Servicing is the attorney in fact for XYZ Savings Bank FSB. No Power of Attorney is attached to the instrument nor has any such power been presented in any of the documents we have reviewed. Discovery and further investigation should be focused on whether the “assignment” actually transferred any rights to the Assignee.
4. XYZ Savings Bank FSB is presented as the trustee for the 123 Trust. No organizational document for the 123 Trust  has been presented for our review. The trust may or may not exist and therefore XYZ Savings Bank FSB may or may not be the trustee.
5. XYZ Savings Bank FSB is a Federal Savings Bank and currently exists as an independent entity with headquarters in Akron, Ohio. It was formerly known as First Community Bank which was formerly known as Akron Savings Bank, organized under the laws of the State of Ohio.
6. It has not been party to a petition for bankruptcy or seizure by the FDIC.
7. It has not been a party to any merger nor has it ever been acquired by another entity.
8. It was created (or chartered) under and regulated by United States federal law, and administered by the United States Department of the Treasury’s Office of the Comptroller of the Currency, which shows XYZ Savings Bank FSB as “Active”on its website.

Filed under: evidence, Fabrication of documents, foreclosure, legal standing, Mortgage, Motions, sham transactions | Tagged: How to research documents used in foreclosures., money, transfer |