Back to Basics: Here is what you need to know when you start defending against foreclosures and other collections

  1. Although you issued a promise to pay, it does not currently appear as an asset on the books of any company or person. THAT ABSENCE IS A FATAL DEFECT IN ANY CLAIM AGAINST YOU. The process of securitization extinguishes all risk of financial loss by extinguishing the underlying obligation and therefore the legal debt. Any aggressive effort in discovery on your behalf that requires the opposition to show the existence of a loan account receivable due from you and any documents or transaction history in which the loan account receivable was established will reveal its absence, or the inability to prove the existence of the debt. Either one is equally effective in defeating claims to enforce it.
  2. The absence of the asset is legally equivalent to the absence of a creditor.
  3. The absence of a creditor eliminates or completely undermines any claim to represent a creditor.
  4. The company claiming to be the servicer is not performing and never has performed any servicing functions such as the collection of money or disbursement of money. Therefore any record (e.g. payment history) is not admissible as an exception to the hearsay rule since neither the “servicer” nor its predecessors ever handled any money from anyone.
  5. The lawyer who filed the foreclosure has most likely never had contact with the named designated plaintiff or claimant. Hence while the filing of the lawsuit is an implied representation that the lawyer represents the named designated claimant or plaintiff, it is not supported by facts in the real world. Efforts to pierce through this veil and hold the attorney accountable have failed because of the faulty application of litigation of immunity.
  6. If the foreclosure nevertheless results in the formal sale of the property and a deed is issued, the proceeds of sale from the auction or the liquidation of REO property will not result in posting a credit to any loan receivable account. The money proceeds will instead be distributed as either revenue or uncategorized receipts that are frequently channeled to offshore accounts.

 

3 Responses

  1. How about a Servicer (SLS) starting the Fraudclosure complaint with a different figure than the substitute Trustee (US Bank) for the Trust (Truman Trust) who is now trying to complete the the theft of the house with much higher monthly figure than the original Plaintiff ???

    1. How can a Fraudclosure be allowed with two different monthly figures one at SJ (2700) and different one at FJ. (3200).
    2. Assignments of Mortgage. Never show FreddieMac. But shows BOA to SLS and then SLS to US Bank NA Trustee (and why NOT the current Servicer Rushmore).
    3. How can the Current Lowlife Debt collectors attorney come to FJ with 3 incorrect line items from years before the modification contract. Judge agrees with pro se who proves these figures are not allowed in balance owed. Judge still allows FJ , less the $10,000 , which low life debt collectors attorney certify as truthful or penalty. Where’s the penalty ??
    4. Now it comes to pro se attention that the low life debt collectors attorney was most likely trying to cover up the 3 line items equaling $10,000 , because the correct line 3 items included a negative escrow to start the modification, which is a breach of the modification contract language of modification beginning at zero escrow.

    So Who is covering up in this shell game and how best to vacate the FJ ??????

    BOA NA (originated and modification)
    FreddieMac (“investor”)
    SLS (original plaintiff and Servicer)
    Rushmore (new Servicer but NOT plaintiff)
    US Bank NA Trustee (Substitute Plaintiff yet says they
    Truman Truman Both own nothing).
    Truman Capital. (The new allegedly “investor”).

    And finally and perhaps most importantly. Many so called defense attorneys say the pro se has done a great job (for a pro se). Also, Agree with the issues presented as likely correct and harmed the homeowners YET all refuse to take on case and help defend the pro se in the legal circus called a court room. It’s Disgraceful!!!!

  2. Huge bribes and enormous corruption. Plus fear. Fear always works.

    Owners of Wall Street Banks and Federal Reserve control the Government and they are so deep in this crime all together, so the Government (mostly the same people who initiated this crime – Biden, Clintons, Pelosi, ect) have to participate and cover – or Banks will disclose who were instrumental from the beginning.

  3. Why does the government allow this?

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