Evidence in Foreclosure Defense

Evidence is what matters in Foreclosure cases. Not just claims. Not just assertions based upon what you believe to be true. Not just what others have told you is true. Hard, Cold evidence documented by Industry professionals that is specific your case. Professionals qualified by the courts as experts. Professionals who have testified at trial and helped win cases nationally. And evidence to support claims that can win cases. When the evidence is accompanies by a legal argument, properly drafted, alleging  lack of standing or fraud and articulated in motions and lawsuits to stop an illegal foreclosure; that’s what wins cases. And that’s what our experts here at Livinglies.me can do. We do it for our Pro Se litigants and for those that choose local attorney who use our litigation support.

On a national basis we are not only the best at Foreclosure Defense, we are the only lawyer owned firm in this practice of over 20 years.

Bad Theories being preached by so called “Experts”

Yes, you were most likely a party to the securitization and wall street profiteering but don’t count on that helping you save your home. It won’t. Lots of information from all kinds of groups in online forums and by so called non-lawyer experts talking about sovereign citizenship and claims by these groups claiming you can get the house back that was foreclosed on years ago are not based in the current reality.  If there is an innocent third party now occupying your foreclosed home, you may get compensation through a wrongful foreclosure action, but you are unlikely to get your home back.

Expert Affidavits Real Evidence

See here some sample copy from one of our experts in an affidavit keeping one of our clients in their home. This was used as a supplement to draft litigation support work we did. For a full copy of the redacted affidavit ask to join our private facebook group here: https://www.facebook.com/groups/livinglies

Sampling from Expert Affidavit

AFFIDAVIT OF redacted
I formulate this AFFIDAVIT and analysis based on my own personal knowledge. I have no direct or indirect interest in the outcome of the case at bar for which I offer my observations, analysis, opinions and testimony.

My experience in the Banking industry encompasses over 30 years employment for federally insured institutions including a decade (10 years) as Business Development Manager for Indy Mac Bank FSB, having overseen the set up of several of their mortgage-backed securities.

I have personal knowledge and experience to render opinions in the topic areas related to the securitization of mortgage loans, derivative securities, the securities industry, Uniform Commercial Code (UCC) practices, predatory lending practices, Truth In Lending Act (TILA) requirements, loan origination and underwriting, accounting in the context of securitization and pooling and servicing of securitized loans, assignment and assumption of securitized loans, creation of Trusts under Deeds of Trust, and issuance of asset-backed securities and specifically mortgage-backed securities (MBS) by special purpose vehicles (SPV) in which an entity is named as Trustee for holders of certificates of mortgage-backed securities, the economics of securitized residential mortgages during the period of 1985-2013, appraisal fraud, and its effect on APR disclosure, usury and foreclosure of securitized and non-securitized residential mortgages.

I have served as Expert Witness in numerous civil and criminal cases. I have testified in both Federal and Superior State Courts including Arizona, California, Florida, Nevada, New Mexico, South Carolina and Texas.

Sample from the conclusions drawn in this piece of evidence:

1. To begin, there is only one endorsement appearing on the Promissory Note. It is in-blank and undated. Such in-blank, undated endorsements do not give carte blanche to allege several different transfers, therefore being only utilized once per endorsement, or the chain of title/debt ownership becomes unknown.
2. As such, transfer of the Note (evidence of the debt) to the STARM 2007-2 trust did not legally occur as was required and outlined in the Trust’s governing documentation. The single endorsement would have been used to memorialize a transfer from SunTrust Mortgage Inc., (originator) to the Trust’s named Sponsor, UBS Real Estate Securities, Inc.(UBSRES)
   3. The following two endorsement that are required, would be 1) from UBSRES (Sponsor) to

Depositor, Mortgage Asset Securitization Transactions, Inc.; and from Depositor, Mortgage Asset Securitization Transactions, Inc. to the issuing entity, the STARM 2007-2 Trust. Neither of these required endorsements appear on the Note, (see page S-34 of the Pooling and Servicing Agreement)1, which reads:

Pursuant to the agreement conveying assets from UBSRES to the depositor, UBSRES may make representations and warranties relating to certain characteristics of such assets. Breaches of such representations and warranties that materially affect the value of the related loan or the interests of the related securityholders in such loan will result in an obligation on the part of UBSRES to cure, repurchase or substitute for such

4. loan. In certain situations, rather than making such representations and
5. warranties itself, UBSRES may assign its interest under the related purchase
6. agreement pursuant to which it acquired the loans from the related originator.
7. Despite reporting the loan as an asset, the Note was never actually transferred to the issuing entity, STARM 2007-2, calling into question the Trust’s reporting of ownership of the loan to the IRS and certificate holders within the Investor Portal. It appears that SunTrust Mortgage, Inc. did not effect the proper transfer paperwork as was required, therefore a legal transfer did not take place.

Why Expertise and Qualifications Matter

There are many states that will not consider work submitted by “third parties” because they lack first-hand knowledge and are considered hearsay and the so called “experts” are not really experts at all. These individuals profiting by selling Loan Audits or Forensic Audits are not getting data directly at all because they lack proper access. They also lack the type of qualifications the courts deem necessary to allow them to testify as to their work. Buyer beware.

Contact Livinglies.me to speak with the Nationally recognized experts in Foreclosure Litigation nationwide. Your Home is your Castle   We Help you Defend It

Tags: foreclosure defense, foreclosure evidence
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