Reference sheet for Forensic Examiners Seminar —“Lenders” that Died.

DON’T TELL THE CLIENT WHAT THEY WANT TO HEAR. TELL THEM WHAT THEY NEED TO HEAR.

see reference sheet for dead lenders

Homeowners come to loan examiners for one purpose: to find a way to get relief from a deal that was probably not viable when it was made and is certainly not viable now. They are usually “behind” in their payments. Their accounts have been declared delinquent and notices of default have been sent and received. Phone calls, letters and even statutory requests under RESPA and FDCPA are routinely ignored.

So the homeowner is asking you “who am I really dealing with here and what can I do to get through to the real people who own my debt?” You probably can never answer that question because the answer is more theoretical than actual. But your investigation can arm them with the information they need to undercut the case against them. And THAT is how homeowners win cases against false claimants making false claims.

The inability of the loan examiner to to answer those questions is not a failure of the analyst or of the homeowner’s proof. It is evidence of gaps in the case against the homeowner. In the weird world of foreclosure defense you can always prove violations of lending laws and servicing laws but you can only win when you expose the absence of essential elements in establishing the existence and rights of the claimants and the existence of an actual claim.

The answer lies in the details, and what they want from you as a forensic auditor or examiner are details that matter. Things that matter fall into two distinct categories.

First there are facts that actually get traction in court (as distinguished from facts that you think ought to get traction in court).

Second there are facts that undermine the credibility of the prima facie case for foreclosure.

The list of dead lenders is one place to start. Any “transfer” of a debt, note or mortgage after the alleged “lender” is dead is easy to attack. That is what you want to give your clients.

The fact that all the documents in all the loans are fabricated, forged and robosigned as distractions from the real facts does little to advance the position of your client. But you are not an advocate. You are a fact finder. And with a few exceptions, most people who signed up for the Free Seminar lack the necessary credentials, knowledge, training and experience to give an opinion.

Everyone is entitled to their own opinion but nobody is entitled to their own facts. Your job is keep track of what is working as well as who is developing new approaches that could work. The homeowner doesn’t know how to narrow the focus. They are depending upon you to do so.

Every forensic loan auditor or examiner is qualified to testify or sign an affidavit on facts they found. In so doing they should be prepared to describe the actual work they did, how they went about it,  what facts were revealed — but no conclusion on what that means. An opinion from a fact witness reveals bias of the witness thus undermining their own credibility.

Don’t tell the client what they want to hear. Tell them what they need to hear.

7 Responses

  1. corruptionpedia2, – yes but up to our government to have stopped and exposed it. Problem is — they condoned from the beginning. They allowed it – and then they covered it up. Bank lobbyists demanded it. . Debt buyer lobbyists demanded it. . And, our representatives are outright – dumb. Judges afraid of it. Nevertheless, agree — they should stand up to it., Cushy jobs – and they don’t give a damn about the little guy. We are nobodies. .

  2. […] Source: Reference sheet for Forensic Examiners Seminar —“Lenders” that Died. […]

  3. Re: Paper Chase

    Judges did not created economic stability, they actually destroyed it.

    Judges could easily stop all this mess after the bailout (which would be fair, banks got more money than they ever lost) .

    Instead, they created a huge social instability in the Country, broke public confidence in Justice; made a double standard of law – for banks forgery and perjury is lawful, for Joe it is a crime; and prepared a housing crisis in the size of Armageddon because this Ponzi scheme will eventually collapse – and very soon.

    I am not talking about enormous homelessness, drug and alcohol abuses, broken families, Medieval deceases (LA is suspected to have Bubonic Plague, on top of Typhus and other, ect.

    Judicial “economic stability” can push the Country into a revolution and a civil war – and I observe warning signs everywhere.

    Millions of homeless, hopeless, morally destroyed people who abusing drugs and alcohol and live on the streets. They have little or nothing to lose. Its just a short matter of time before someone will organize them.

    Mass shootings on regular basis.skyrocketing level of crimes; routine conflicts resolved with guns, not thorough Courts, so on.

  4. As residents of Cayman Islands they can form as many CDO entities as they want, issue as many derivatives/CDOs as they want, fund them with anybodies’ money – and none of it can be tracked from USA, except by special authorities.

    https://btcmanager.com/jp-morgan-found-guilty-money-laundering/

    Associates in Delaware can pass these dark money to borrowers, foreclose them and start all over. Everybody will blame borrowers.

    Like in the movie Thomas Crown’s Affairs – stage a museum robbery to steal a Monet paining.

    Banks do not really care for how long foreclosures are sitting in the Court, they are not making money from our mortgage payments.

  5. corruptionpedia2, – good post. And, don’t forget Ocwen — master servicing was sold to New Residential Investment Corp. — located where? Cayman Islands.

  6. Reread Adam Levitin’s 2013 law review article – The Paper Chase.

    At the end, it explains why homeowners are getting nowhere in courts, and why judges ignore most. Quote

    “courts may be inclined to ignore the law and opt for economic stability, Doing so, however, ignores that procedural protections are part of the economic bargain of the mortgage loan, and deprives a particularly vulnerable population of the procedural rights that intended to protect them. The mortgage title system problem could, like all too-big-to -fail legal problems, be solved by enforcing the law and then letting the political system address the results. Courts, however, might shy from economically disruptive rulings, particularly if they have doubts about the ability of the political system to fix the ensuing chaos. ….. Courts’ behavior should not surprise legal realists. Courts are ruling with one eye on the economic consequence and accordingly are finding ways to preserve legal principles without triggering crises…. Moreover, because the subject of the litigation is standing, it is possible to dismiss cases without prejudice, theoretically enabling mortgagees to get their paperwork in order and restart the dismissed foreclosure.”

    Thus, we have to make sure not only that the forensic evidence will be accepted by the Court, but also that the judge does not have an mindset that the political system will not be fixed.

    It has been years, and no politician has come forward to correct the system that abused its victims, and restore valid title recording in Counties across the Country. By careful oversight, the foreclosure attorneys monitor what is available, and are prepared to negate what they don’t like.

    It is the mistakes that they make along the way that I hope Neil can uncover, but we still have to get a judge who is not afraid of politics.

  7. The simple, cynical truth why banks need foreclosures:

    DARK MONEY LAUNDERING.

    I knew it for years, but the final clue came yesterday:

    Yale’s review on CDO (companies who issue derivatives called CDO) stated that they are usually registered on Cayman Islands and conduct business through Delaware affiliates….

    Cayman Islands are heaven for money laundering by all possible criminals, including mafia and drug cartels.

    Check Delaware Secretary of State website and see if your “lender” is registered – but they likely never disclose it in its “place of business” website. For example, Lone Star Fund is purportedly a Texas corporation – but also registered in Delaware.Caliber, PennyMac (aka “Countrywide” are also Delaware corporations…

    Investment banks all have Cayman Islands registration.

    So, the real reason for every foreclosure is:

    1. Foreclosures are a safe and convenient vehicle for dark money laundering though US Courts. While everybody blame borrowers for defaults, nobody ask about the ORIGINAL source of loan funding money.

    2. Foreclosures are a cover up for Ponzi scheme – because all attention is on borrowers’ failure, not on how banks and their co-conspirators push these borrowers in defaults.

    3. Foreclosures help to write-off banks failures to re-pay investors – again, by blaming borrowers whom banks intentionally pushed in defaults by all possible manipulations with payments.

    4. Foreclosures help to cover for a broken Titles to operate their CDOs scheme. The only way to obtain a new Title is though foreclosures.

    Judges, most of whom are either investors in this Ponzi scheme or have family connections with banks, of course know about it,

    The Government knows as well.

    They want you to be blind and uninformed.

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