Livinglies's Weblog

While the mainstream media concentrates on predators who promise false hope to homeowners in distress and who actually distract homeowners from asserting real defenses, reporters fail to mention the larger more devastating impact of foreclosures initiated by attorneys on behalf of nonexistent clients who have no interest in the loan.

The pernicious effect of having dollar proceeds of forced sales going to actors who take the money and run — to the detriment of both borrowers and investors (victims) is the untold story because nobody in mainstream media is even willing to investigate to see if it is true.

And the reason they are not investigating is that they are restricted from doing so,. And the reason they are restricted is that their parent organizations have teamed up with Wall Street and government to perpetuate a lie — that foreclosure is a proper remedy for the 2008 meltdown and that sustaining the stockbrokers acting as investment “banks” is in the national interest.

In the United States the national interest should be defined as what is good for its citizens — not the purveyors of criminal enterprises. Had the national interest been the focus of government policy the U.S. would have followed the same course as other countries which reduced household debt, preserved the mortgage infrastructure and jailed officers of banks and other companies who practiced to deceive.

The result would have saved consumers from losing all or most of their wealth, preserved the ability of consumers to buy things and buoyed an economy that is almost entirely dependent on consumer spending. Instead we let consumers rot which produced and even forced the Great Recession into existence while rewarding the “banks” for completely unacceptable behavior.

Moral of the story: if you don’t accept being food for the large banks and corporations, you must elect and vote for those who perceive you as a person, not a source of revenue. The Great Recession was not the product of capitalism, which is still the best system we have yet to devise. No, it was the product of theft which in any society running under any rules is criminal behavior. Just because they did it for the money doesn’t make it capitalism.

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It is true that there are predators out there who will sell you on schemes that are too good to be true. Basically they get you to part with whatever money you have left only to fail at protecting your home from illegal foreclosure.

Every time a homeowner seeks the services of someone who is not competent to assist them in preserving ownership and possession of their home, they are (a) destined for failure and (b) contributing to the already lopsided view that the “banks” can, should and do ordinarily win.

Every time a homeowner adopts a position that a “securitized loan” is actually owned by the bank trustee or the barely named trust, they are (a) destined for failure and (b) contributing to the already lopsided view that the “banks” can, should and do ordinarily win. The assumption that the proceeds of forced sale will go to anyone who paid for the debt is the leading cause of the failure of homeowners to resist foreclosure. 

Here are some rules of thumb for hanging up on somebody selling you unfounded hope:

1. No credentials. Neither the person you are talking to nor anyone he/she represents has any credentials, license or proven knowledge of the foreclosure process, securitization of debt, legal procedure etc. They don’t know about contract law, property law, securities law, tax law, negotiable instruments or foreclosure laws and procedures.
   1. Warning: They point to one provision in some article or statute and tell you that is the answer to your problem.
   2. Impact: You end up spending your time and money on an empty scheme instead of raising a meritorious defense to foreclosure.
2. “Money up front” by anyone other than an attorney or accountant is probably money down the drain. Why is it OK for lawyers and CPAs to do it? Because they are governed by State disciplinary rules that will remove their license for scamming and subject them to criminal prosecution.
3. “Certified” is not a substitute for “Licensed” or experience. The use of the word “certified” is often cover for the fact that the person or organization has no credentials (see above) or knowledge or experience.
4. Reports are not evidence. The preparer must have the credentials to be accepted as a credible witness who will then testify about the contents of the report to get the report and/or its contents into evidence. No credentials? Then neither the report nor its contents will ever see the light of day in court.
5. Opinions contained in reports sound good to you but they diminish the credibility of the report.
6. “Advice against counsel” is a sure sign of a scam. Anyone who ever advises you not to seek the services of legal counsel is participating in some sort of scam.
7. “Sovereign” strategies are deadly. Anything that smells of an argument that the laws don’t apply to you will sink you and your case and your credibility — even if they are arguably correct.
8. Lack of trial experience is deadly. Court cases are battles and unless you know the rules of engagement you will lose before you even get started. Anyone advising you to adopt some strategy who does not possess demonstrable knowledge of the rules of discovery and motion practice and trial practice is probably setting you on a course for failure.

Filed under: foreclosure |