What to ask for when the window is open for Legal Discovery Demands (i.e., when you in litigation)

I was researching something when I ran across a recent filing from a Citigroup document that is called a Pooling and Servicing Agreement. Anyone who reads these pages knows that they’re not pooling loans. They are pooling the receipt of payments — regardless of whether the collection was legal or illegal — and the parties executing the agreement are only figureheads.

I have had several cases in which the homeowner won because the lawyer for the foreclosure mill relied upon a document entitled “Pooling and Servicing Agreement.” Besides the fact that everything in there is an agreement relating to future events and does not represent a conveyance or memorialization of any past transaction, it is usually true that the copy presented to the court lacks many details.

Specifically, the PSA usually lacks a mortgage loan schedule that is certified or authenticated by the records custodian of any company that was a party to the supposed PSA agreement. And we have determined that this is because the MLS does not yet exist. (See above — all provisions relate to future events).

So the PSA cannot be used as evidence or proof that the alleged REMIC trust owns anything or that anyone else in the agreement does either. In fact, there is no warranty of title or any “Whereas” clause that U.S. Bank, N.A., for example, has been entrusted with the loans shown on the MLS by the present owner or Seller who owns the underlying obligation and not just some future claim deriving its value solely from apparent (facial) ownership of a note or mortgage. No such representation appears because no such creditor or owner exists.

So if you ask for the MLS that was valid when PSA was executed, you won’t get any answer from a person with personal knowledge or authority to say that. This undermines the entire foundation of the foreclosure claim.

But it also occurred to me that the typical PSA always references forms for affidavits etc. So my interim suggestion, besides the other suggestions I have written about on this blog, is that you might ask to see those forms — but only after the attorney for the foreclosure mill references it as the basis of authority for the alleged “servicer,” “REMIC trust,” or REMIC Trustee. Here is a list taken straight out of the Citigroup form I uncovered:

Exhibit A-1 Form of Class A-1 Certificate
Exhibit A-2 Form of Class A-2 Certificate
Exhibit A-3 Form of Class A-3 Certificate
Exhibit A-4 Form of Class A-4 Certificate
Exhibit A-5 Form of Class A-AB Certificate
Exhibit A-6 Form of Class X-A Certificate
Exhibit A-7 Form of Class X-B Certificate
Exhibit A-8 Form of Class A-S Certificate
Exhibit A-9 Form of Class B Certificate
Exhibit A-10 Form of Class EC Certificate
Exhibit A-11 Form of Class C Certificate
Exhibit A-12 Form of Class D Certificate
Exhibit A-13 Form of Class X-D Certificate
Exhibit A-14 Form of Class E Certificate
Exhibit A-15 Form of Class F Certificate
Exhibit A-16 Form of Class G Certificate
Exhibit A-17 Form of Class R Certificate
Exhibit B Mortgage Loan Schedule
Exhibit C Form of Request for Release
Exhibit D Form of Distribution Date Statement
Exhibit E Form of Transfer Certificate for Rule 144A Global Certificate to Temporary Regulation S Global Certificate
Exhibit F Form of Transfer Certificate for Rule 144A Global Certificate to Regulation S Global Certificate
Exhibit G Form of Transfer Certificate for Temporary Regulation S Global Certificate to Rule 144A Global Certificate during Restricted Period
Exhibit H Form of Certification to be given by Certificate Owner of Temporary Regulation S Global Certificate
Exhibit I Form of Transfer Certificate for Non-Book Entry Certificate to Temporary Regulation S Global Certificate
Exhibit J Form of Transfer Certificate for Non-Book Entry Certificate to Regulation S Global Certificate
Exhibit K Form of Transfer Certificate for Non-Book Entry Certificate to Rule 144A Global Certificate
Exhibit L-1 Form of Affidavit Pursuant to Sections 860D(a)(6)(A) and 860E(e)(4) of the Internal Revenue Code of 1986, as Amended
Exhibit L-2 Form of Transferor Letter
Exhibit L-3 Form of Transferee Letter
Exhibit L-4 Form of Investment Representation Letter
Exhibit M-1A Form of Investor Certification for Obtaining Information and Notices (for persons other than the Controlling Class Representative and/or a Controlling Class Certificateholder)
Exhibit M-1B Form of Investor Certification for Non-Borrower Party (for the Controlling Class Representative and/or a Controlling Class Certificateholder)

A careful reading of these forms will reveal what I have been saying all along. There has never been a certificate that conveyed ownership of an underlying obligation as required by state statutes as a condition precedent to the conveyance being a legal event. Without the underlying obligation, the paper conveyance is a legal nullity — something that most pro se homeowners and seven some lawyers have difficulty grasping.

The bottom line is that if you want to win these cases, you can. And the way to do that is simply to ask for things that must have been present when the foreclosure started. Any first-year law student can tell you what must be true for anyone to claim a right to foreclosure. When the lawyer for the foreclosure mill fails or refuses to properly respond to those requests, the case shifts from being creditor vs debtor to Judge vs Foreclosure Mill. Guess who wins that fight?

One Response

  1. The judge wrongfully sold my house, I challenged the attorney/USDA to show proof they had jurisdiction to have me served, to show proof they gave me a loan, a copy of the check front and back, with my name and signature, a bank statement showing the check was process,
    The judge avoided everything I asked, would not allow me to present my case. told me that they will auction my property April 18, good luck. the walks to the attorney said the same thing, then said judgement for the plaintiff, I object said you did not give me a chance to present my case, judge said if you want to speak go hire you an attorney, I said why when I can speak for myself, he said this case is dismiss, I said he has not shown he has jurisdiction to have me serve. The judge said if you want jurisdiction watch this, he walks over to the attorney, attorney looking down and ask, you do have jurisdiction, don’t you? while asking that question he is shaking his head yes, 2nd time asking the same question waiting for the attorney to look at him, still asking the same question, I said to my husband would you look at that attorney asking the attorney a question and shaking his head yes, for the attorney to look at him, shaking his head yes, this was a virtual hearing. The attorney heard me say that he looked up at me in the camera, mouth wide open, then looked at the judge still asking the same question and shaking his head yes. the attorney looks at the judge still shaking his head yes, the attorney starts shaking his head yes, then said yes, the judge walks back looks at the camera and said, he said he has jurisdiction, I believe, this case is dismissed, good luck to you, remember they will auction your property off April 18, you may want to start looking for another place to live. Good luck to you, the judge walks over to the attorney just ear to ear smiling asking the attorney now how much is she to pay. he said 151 thousand. The judge ear to ear smiling rubbing his hands together and said alright. That’s good. That was wrong, the judge would not give me a chance to present my case. so that I could show him my house was already paid off twice. Once with my promissory note, the other I paid cash. got the property in 97 for 58 thousand, by 2011 I had paid 71 Thous. I was told by the account department, I had paid over 13 thousand,
    The judge did not read anything I had asked, now because the judge did that to me. my house was sold at auction April 18 2022, I am 60 and disable, with now place to go. They stole my house from me. I am homeless. all because I didn’t have an attorney. He is part of the mill. They pay him big money for all the foreclosures he does that don’t win.
    He had no jurisdiction to call for my hose to be sold. The lenders, pretenders, go and steal from people’s homes when their house is already paid for in fully. I am fighting this myself. looking for an attorney that will help me sue several of them. That judge was clowning around. and making a joke out of me. He embarrassed me. as if I didn’t know what I was talking about. It was like him putting a knife in my heart. He should he was one heartless person; all he was thinking of was how much money he would get. and he did not allow me to prove my case, I paid the house off. I also asked the attorney. Why am I served this foreclosure? no one gave me a loan. prove to me I owe. not just sweat talk, that hearsay. they never answer anything back. and the judge did not make them either

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