Livinglies's Weblog

OAA

OWNERSHIP, AGENCY, AUTHORITY

THAT IS WHAT NEARLY ALL FORECLOSURES ARE ABOUT

Thursdays LIVE! Click in to the Neil Garfield Show

Tonight’s Show Hosted by Neil Garfield, Esq.

Call in at (347) 850-1260, 6pm Eastern Thursdays

The banks have so far been successful in getting nearly everyone to think that foreclosures are about documents and paperwork. That is a false premise that has led to millions of illegal foreclosures. Foreclosures were designed to be and are by law required to be about money. It is not enough to follow the money. You must make it easy for the judge to get mad at your opponent. That’s when the tables turn.

You are asking the wrong question but you have the right idea. There are plenty of cases nationwide saying that enforcement of a mortgage without owning the debt is not allowed. But that isn’t enough — and that is where most pro se litigants get tripped up. The answer is that “It’s procedure, stupid!”

The burden is on you to rebut the legal presumption that the claimant has paid for and does own the debt. That presumption arises from the presentation of copies of what appear to be facially valid documents.

Sometimes a close look reveals the documents are not facially valid and that gives you added ammunition. The way you get from Point a to Point B is through discovery. It’s like one of those pictures where the more you stare at it, the more you see.

Assuming they have not paid for the debt and don’t own it and don’t have any authority from anyone who does own the debt, your questions about ownership, agency and authority will not be answered.

And that is what changes the narrative if you know what you are doing.

Listen to the Neil Garfield Show Tonight at 6Pm EST.

Filed under: foreclosure |