IN JUST A FEW WEEKS, A NEW TIDAL WAVE OF FORECLOSURES AND EVICTIONS WILL BEGIN.

HOMEOWNERS AND RENTERS DO HAVE DEFENSES, BUT THEY ARE UNAWARE OF HOW TO USE THEM.

THIS LEAVES THEM OPEN TO FRAUD — victims of both predatory investment banks and predatory entrepreneurs.

Here is a simple rule of thumb — if it isn’t a lawyer directly offering his/her services you are probably being scammed. There is no such thing as a middleman who decreases the cost or increases the quality of the service. That is pure fiction.

This is already happening. There are a number of lay people out there, some of whom are even well-intentioned, that are making promises that are merely wishful thinking.

So in a nutshell, if you think you are going to defeat a claimant who says that they are the lawful owner of an existing obligation that has not been paid, you need to do one of three things:

• Prove that there is no existing obligation owed by the named claimant (not as hard as you may think)
• Defeat the ability of the named claimant to put on evidence (generally successful).
• Destroy the credibility of the testimony and exhibits at trial through voir dire and cross-examination (sometimes successful). 

In all cases, you need a skilled trial lawyer who is not afraid to object, argue aggressively, and persistently seeks to take control of the litigation narrative throughout the process.

It is not and never will be enough to know that you are the victim of fraud and to claim that. It is not enough to pose challenging questions to which you will receive no answer outside of court (although QWR and DVL are effective mans for setting the stage for impeachment through inconsistent answers).

It is not even enough to pose those questions in discovery unless you aggressively pursue answers by filing motions to compel, getting a hearing, winning the hearing, and getting an order from the court commanding the foreclosure mill to provide you with answers to questions that they will never answer.

And it is not enough to get that order unless you know what to do with it in order to limit evidence that can be introduced against you.

The scam artists will play on certain predispositions and then let you sell yourself on doing something against your own interests. You want to save money and they offer to get you results for less money than a lawyer would charge.

No report is going to save you without a lawyer who knows how to use it. But is also true that most lawyers have nothing to work with without the report. Your personal information (mostly opinion) is useless because you don’t understand the basic elements of securitization of debt as practiced by the investment banks for the past 25 years:

• THE DEBT WAS NOT SECURITIZED
• THE DEBT WAS WRITTEN OFF CONTEMPORANEOUSLY WITH ORIGINATION OR ACQUISITION OF THE HOMEOWNER TRANSACTION
• THE NAMED TRUSTEE HAS NO TRUSTEE POWERS
• THE NAMED TRUST HAS NOTHING IN IT AND PROBABLY HAS NO LEGAL EXISTENCE BECAUSE OF THAT.
• INVESTORS ARE NOT BENEFICIARIES OF THE NAMED TRUST
• ADMINISTRATION, COLLECTION, AND ENFORCEMENT ARE PERFORMED FOR PROFIT — NOT FOR COLLECTION OF AN UNPAID DEBT. 
• THE “CERTIFICATES” WERE NOT CONVEYANCES OF ANY RIGHT, TITLE, OR INTEREST IN ANY DEBT, NOTE, OR MORTGAGE.

HAVE A HAPPY THANKSGIVING!!!

I WILL PUBLISH AGAIN NEXT MONDAY.

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