The irrefutable logic at the foundation of all successful foreclosure defense narratives

The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and investors. 
*
I continually get the same question, mostly because neither the homeowner nor the “investigators” understand anything about being a licensed, educated, experienced investment banker, lawyer, or accountant. If they were any of those, they would not ask the question.
*
The latest question was whether the discharge in bankruptcy helps.
*
The discharge in bankruptcy does not interfere with the ability to enforce the lien if the lien is valid — and the enforcer is a creditor who maintains an unpaid loan account receivable due from the homeowner on the ledgers of that creditor. I think the lien is invalid because it did not secure an underlying obligation created by the original transaction.
*
The original transaction consisted of an incentive payment paid to or on behalf of the homeowner in exchange for the issuance of documents that created the illusion of a loan transaction.
*
Thereafter, no party treated the transaction as a loan, nor did any party claim ownership of an unpaid loan account on their accounting ledgers. But documents were filed in support of fraudulent claims for foreclosure remedies that appeared to be facially valid, raising the presumption that the loan account existed.
*
I think the problem is that people can’t wrap their heads around one idea. The transaction they signed into was not a loan. If there is no lender, creditor or loan account, there cannot be a loan that is recognized in our legal system, nor should there be.
*
If there is no loan, no loan account, nor any creditor sitting with an accounting ledger on which they report the acquisition of an obligation due from you, you don’t owe the money to them. If no such creditor exists, you don’t owe the money at all.
*
The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and investors.
*
We are so trained to believe that we are not entitled to profit from Wall Street schemes designed to defraud us that we refuse to accept the profit even when it is sitting on a golden plate in front of us.
*

If homeowners were to withhold payments (that are not legally due anyway) en masse, it would force Wall Street to do the right thing: reform all the transactions to reflect the economic realities, to wit: share the bounty with the keystone participants — homeowners who issue the documents that form the foundation of the sale of securities that are unrelated to the illusion of any sale of an underlying obligation.

*
To be sure, there would need to be substantial changes in the law governing consent and compensation, in addition to the existing laws requiring full disclosure of all financial transactions producing revenue from the stroke of a homeowner’s pen. That can be done if we want to do it. Until then, homeowners will continue to win their cases in small numbers without truly understanding why or how they won.
*========
DID YOU LIKE THIS ARTICLE?
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.

Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.
CLICK TO DONATE

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.
*
FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. You will receive an email response from Mr. Garfield  usually within 24 hours. In  the meanwhile you can order any of the following:

Click Here for Preliminary Document Review (PDR) [Basic, Plus, Premium) includes 30 minute recorded CONSULT). Includes title search under PDR Plus and PDR Premium.

Click here for Administrative Strategy ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
CLICK HERE TO ORDER CASE ANALYSIS 
*

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 14 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.

%d bloggers like this: