The absence of an unpaid loan account on the books and records of the alleged “successor lender” is all you need to defeat the foreclosure, and that is also sufficient to tee up the case for a lawsuit for wrongful foreclosure.
About 1/3 of inquiries made to my office at least mention forgeries. Yes, they are probably correct. But there is nothing obvious about a forgery unless the judge is personally familiar with the signature of the person who supposedly signed the document. And if that was the case, the judge would need to be recused because of their personal knowledge.
But I have maintained that as a strategy or tactic, any allegation of forgery only undermines the credibility of the defense narrative — i.e., that the lawyer has no client or at least no client with a claim.
The absence of an unpaid loan account on the books and records of the alleged “successor lender” is all you need to defeat the foreclosure, and that is also sufficient to tee up the case for a lawsuit for wrongful foreclosure.
[But unless you do persistently contest the case, the presumption will be made that the loan account does exist and that the lawyer represents a claimant who owns it. And in turn, the “records” of the “servicer” will be presumed to be an accurate reflection of what must be on the books and records of the named Plaintiff (mortgage) or beneficiary (deed of trust).
Without a witness whose signature is supposedly on the document, it is nearly impossible to contest a document because it is a forgery. Remember that forgery means a signature that was not placed there by the person whose name appears as the signatory. People often use the word “forgery” interchangeably with “fabrication.” Fabrication refers to the creation and drafting of the entire instrument, whereas forgery refers only to the signature line.
Spoiler Alert: Despite the truth of the matter you wish to assert, the procedural truth is that homeowners will never be able to prove any allegations of fact that they wish to make in connection with foreclosure defense. They don’t have access to those records. They can show inconsistencies in correspondence, notices, and statements, but they cannot actually prove that the foreclosure is a scam. And it is not the judge’s job to investigate whether the claim is real. The judge is limited to deciding a case based on the submissions in the court record.
Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.
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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).
Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
Please visit www.lendinglies.com for more information.
Filed under: foreclosure |
What happens after 12 years? How do you clear the County Clerk Registry of invalid liens – whether by forgery or absence of financial accounting?