Making the Wrong Objection and Filing the Wrong Defense

Jun 28, 2021

The recent Compton Case in Hawaii illustrates the nuances that have been weaponized by the investment banks. It further illustrates basic errors in procedure and objections that continue to result in homeowners inadvertently aiding and abetting an illegal foreclosure against them.

see USB v Compton 6-21-21 HI SupCt

The decision is correct. The failure to contest the existence of the underlying obligation together with the authority to enforce the note forced the court to accept U.S. Bank as a holder with rights to enforce. The delivery to the court together with testimony that t the note was part of some collection of business records is not a proffer of hearsay.

*

My point is always the same: if you don’t attack the central point of the case, you are admitting the central point. And that means you lose.

*

Homeowners seem afraid or just ignorant of the fact that they can force the opposition to actually prove the existence of the underlying obligation and that the named plaintiff owns it. But contrary to the belief of lay litigants and some lawyers, denial is not enough.

The recent Compton Case in Hawaii illustrates the nuances that have been weaponized by the investment banks.

The decision is correct. The failure to contest the existence of the underlying obligation together with the authority to enforce the note forced the court to accept U.S. Bank as a holder with rights to enforce. The delivery to the court together with testimony that the note was part of some collection of business records is not a proffer of hearsay. So the hearsay objection was wrong.

The central point of every foreclosure case is that there is an underlying obligation owed to the plaintiff that has been breached by the homeowner. In virtually all current foreclosure cases this is not what happened. But if you admit it, then for purposes of the case the legal fact is that the plaintiff owns an existing obligation that was breached by the homeowner. It is all downhill from there.

Homeowners seem afraid or just ignorant of the fact that they can force the opposition to actually prove the existence of the underlying obligation and that the named plaintiff owns it.

But contrary to the belief of lay litigants and some lawyers, denial is not enough. Your opposition need only invoke legal presumptions arising from the facial validity of documents (even though they are false, fabricated, and forged) to satisfy their legal burden of proving the prima facie case. And that is why the homeowner must employ aggressive discovery tactics,s strategies and motions that reveal the unwillingness or inability of the opposition to back up the facts that are preliminarily presumed to be true.

My observation is that the most common reason that this is overlooked is that the homeowner and lawyer cannot conceive of a scenario in which the underlying obligation does not exist. They arrive at this conclusion because the homeowner applied for a loan and believed that was what they received. Maybe they did.

But the moment that the transaction was sucked into the securities scheme invented by investment banks, the loan account receivable was extinguished. And for legal purposes that means the obligation is extinguished because without owning the asset you are not allowed to claim a financial loss arising from damage to that asset. This basic pleading, without which there is no claim.

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

Neil F Garfield, MBA, JD, 74, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business 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. In the meanwhile you can order any of the following:

CLICK HERE ORDER 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 TERA – not necessary if you order PDR PREMIUM.

CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)

CLICK HERE TO ORDER CASE ANALYSIS

CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. 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 12 years or more.
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.

Posted in Uncategorized |