Livinglies's Weblog

Millions of Americans have received notices of delinquency that threaten foreclosure or eviction. Current estimates are that 1/3 of them will end up subject to foreclosure or eviction proceedings. For homeowners, this is an opportunity to fight back. The current COVID19 relief bill will do nothing to enable people to bring their “accounts” current — it is simply too little too late. But always remember that in the era of false claims of securitization of debt, there are no “accounts.”

Nearly all foreclosures are conducted for fun and profit — not to repay any “loan.” The more homeowners that defend on the simple premise of contesting the existence, ownership, and authority over a fictitious loan receivable asset account, the more judges will start considering that the entire foreclosure venture is a scam.

It’s pretty simple. Deny the “loan,” deny the ownership, deny the authority of anyone to administer, collect and enforce. The presumptions will be against you. But when you submit simple discovery demands about existence, ownership, and authority over the underlying obligation, most judges will allow you to enforce those demands (not all). And when your opposition still doesn’t answer you can ask the court for sanctions that could include a negative inference, to wit: that there is no obligation, there is ownership of the obligation and there is no authority to administer, collect or enforce — at least as to the party named as Plaintiff or beneficiary.

Lawyers should take note that this is an unparalleled opportunity to notch up victories in court and make plenty of money by saving homes from corrupt, illegal, immoral, and unethical foreclosures.

Read my other articles to discover how nobody suffers any financial loss when a homeowner does not make a scheduled payment — and how everyone makes money in foreclosures. It’s a pyramid scheme.

Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud.

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Filed under: foreclosure |