Several steps should be taken to attack any document that does not include a warranty of title to the lien and authority to enforce. You attack the title to the lien under the premise that no transfer of a lien is legally valid or even recognizable unless there is a concurrent transfer of the underlying debt. Transfer of the note…[...]

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Why is "mortgage transaction" bracketed in quotes? Because the transaction is really a draft of homeowners into becoming issuers in a concealed securities scheme. The loan account, part of every traditional loan, is neither created nor transferred. All players are paid off through the sales of certificates that by law are not classified as securities and are not backed by…[...]

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The UCC and Foreclosure Law The Uniform Commercial Code (UCC) governs nearly all financial transactions in the U.S. and has been adopted by every state. For homeowners, two sections matter most: Article 3 – Governs negotiable instruments (like promissory notes). Article 9 – Governs secured transactions (like mortgages). For years, foreclosure defense has relied on these articles when challenging the…[...]

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Tags: foreclosure defense
Posted in evidence, foreclosure defenses, Foreclosure Questions, Uncategorized |

2460 FIFE 8-25-2016 BENEFICIARY DECLARATION QUALITY LOAN SERVICE CORP OF WA Toon Hobbs does not say he is an officer of Deutsch Bank. He also does not say that Deutsche Bank warrants ownership over the alleged or implied unpaid loan account. As Document Control Officer, he is also NOT a records custodian and decidedly not a TRUST OFFICER. He does not describe the scope…[...]

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*at the heart of claims of securitization is a data point that cannot be confirmed or corroborated, to wit:  an unpaid loan account owed to as specifically identified creditor who makes decisions regarding collection, enforcement, and workouts. That account and that creditor does not exist in anyone's world unless they are admitted in a court action. See https://ffj-online.org/2022/12/06/pennymac-financial-services-dubious-accounting-games-wont-solve-its-crisis/ Excellent article…[...]

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There is no appellate case in which the following proposition has been ruled upon according to my research: can the court continue reliance on legal presumptions arising from facially valid documents from a litigant who fails or refuses to provide reasonable corroboration of the truth of the matters asserted in said documents?  * I have obtained such rulings from the…[...]

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The basis for most big business plans is to give the consumer the worst possible product or service while convincing the same consumer that the cost is inevitable and the product or service is excellent. This produces something that Alejandro Reyes of Deutsch Bank called a “counter-intuitive” system. * Let me give you a few examples: When I was a…[...]

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What you are looking for is corroboration that the account exists and corroboration documents showing that consideration was paid and not just recited on the transfer document on paper.  * If you don't demand the right thing or if your demand could be interpreted as asking for something other than what you are after, then you are creating a backdoor…[...]

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The abuse of words is an essential ingredient in any scam. The reason is that the listener or reader has a complex idea of a specific word. By knowing that idea is in the head of the victim, the scammer can extract money and services, and even products from him or her. Madoff used the word "investment" and people assumed…[...]

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Ultimately, the claim made against the homeowner must make common sense.  But getting there requires litigation skills. But it is true that ANY lawyer that simply follows standard defense strategies can win these cases for homeowners. The key is always lack of foundation in business records and hearsay objections. But the standard error being made in court consists of (1)…[...]

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Tags: foreclosure defense
Posted in Corruption, discovery, evidence |