Subpoena Compliance Officer at the time the loan was made

Last night on the Neil Garfield Show, Charles Marshall brought up the idea of the use of the subpoena power of the court. I agree that this is a way of lawfully penetrating into the inner recesses of the alleged loan process. People ask me to whom should they issue a subpoena? Opinions vary. But I would say the person who served as compliance officer at the time was being “underwritten.” You’ll probably find out that loan was not underwritten by the originator. But more than that you will find that there exists a witness who can say what really happened at the alleged “loan closing.”

See below for a short list of questions that might be posed at the deposition of such a witness.

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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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SeePAPER CHASE AND MONEY CHASE — THE CASE AGAINST CHASE

There are dozens of questions to ask. But I think the following list is a guide toward strategically posing the right questions:

1. Do you review all prospective loans?
2. What risks are you looking for? Define them.
3. What are the primary risks of loss in closing a loan in today’s marketplace?
4. Does the prospect of “sale” of the debt, note or mortgage affect your risk analysis?
5. Is the bank using a warehouse lender?
6. Is the bank making the loan or playing the role of originator?
7. Is the bank the intended ultimate secured party on the mortgage?
8. Is the bank the intended ultimate recipient of monthly payments as described in the note?
9. What is the annual rate of mortgage originations in principal dollars for the bank.
10. Does the bank have buy-back exposure on its loan originations?

Posted in Corruption, evidence, expert witness, Fabrication of documents, legal standing, Pleading |