How to Use National Settlements as Part of Foreclosure Defense

Bill Paatalo brought this provision to me attention again. It gives a virtual checklist for discovery:

1. All DOCUMENTS regarding the National Consent Judgement’s (CONSENT

ORDER) “Settlement Term Sheet (I)(A)(4) which reads as follows:

4. Servicer shall have standards for qualifications, training and supervision of employees. Servicer shall train and supervise employees who regularly prepare or execute affidavits, sworn statements or Declarations. Each such employee shall sign a certification that he or she has received the training. Servicer shall oversee the training completion to ensure each required employee properly and timely completes such training. Servicer shall maintain written records confirming that each such employee has completed the training and the subjects covered by the training.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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So if a homeowner is confronted with an entity that was part of the settlement, they should ask for the following:

• standards for qualifications,
• standards for training
• standards for supervision
• identification, time and dates of training of any persons who had worked on the subject loan, to wit: preparing affidavits, sworn statements or declarations
• certification signed by employee that employee received the training
• how did servicer oversee training completion
• written records confirming that each such employee has completed the training and the subjects covered by the training.

Tags: national settlement, sworn statements, training by servicer, written records
Posted in Corruption, discovery, evidence, Fabrication of documents, Servicer |