see no-silver-bullet
The reason lawyers should attend the forensics workshop is not so they can do forensic analysis (although they certainly would be in a better position to do so), but rather because they need to know what to do with the information once they get a report of results from a forensic review and analysis.
My observation is that many lawyers and pro se litigants are left with their mouths hanging open when the the other side (pretender lender) does in fact produce a note, copy of a note, assignment, separated allonge, indorsement or other document giving the appearance of propriety. You have to ask yourself what if I was physically holding that note, copy etc.? Would that mean I had the power to enforce it?
Those who have not studied securitization don’t know what to say because deep down inside they think the show is over — when in fact it has only just begun, which is the point of Brad’s Workshop on forensic analysis.
Lawyers have complained that we tried to pack too much information into one day in the our workshops we did over the last two years. They are right. The reason lawyers should attend the forensics workshop is not so they can do forensic analysis (although they certainly would be in a better position to do so), but rather because they need to know what to do with the information once they get a report of results from a forensic review and analysis.
That note or copy they produced is probably not the evidence that is required. It probably is a copy of the note as it existed at the closing, and does not contain the chain of custody, assignment, indorsements or other indicia of ownership.
There is no doubt that a workshop on motion practice and discovery for lawyers only needs to be done and I am working on that. My problem is the same as any trial judge would have. How can we go that level unless the lawyer knows what evidence exists, what evidence to ask for, and how to use that evidence? That is the purpose of the forensic workshop. Unless the lawyer or pro se litigant knows what to do and say about the information produced in a forensic analysis, it is of little use. Logically, they could not possibly know what to say or do with the information unless they understood the significance of the information when it is presented to them.
Brad’s forensic workshop, together with my participation and other guest speakers, weaves together the issues presented by the loan transaction itself, the securitization of the mortgage, the transfers and chain of title issues combined with what works and doesn’t work with Judges because it is seen as truly significant as opposed to merely technicalities designed to delay the proceedings. Indisputable evidence that raises questions of fact that helps the Judge “get it” is what is necessary to win.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: brad keiser, evidence, forensic analysis, show me the note, silver bullet, TILA, workshop | 49 Comments »