Feb 8, 2011

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

SEE: ASF_White_Paper_11_16_10

There is of course a lot to discuss here. The attempt to legitimize fraudulent and defective and deceptive lending and litigation practices is at least entitled to a nod.

I’ll start the conversation off this way: They skipped over the beginning and started in the middle. Which only means that they are doing what they have always been doing. Documents don’t appear out of fairyland. Documents are worthless unless they recite the understanding of the parties within the context of necessary disclosures. As usual they want to start with documents and then begin the legal argument. This skips facts and evidence. They want us to ignore what happened and concentrate on what the documents say, regardless of what happened and regardless of what the law required. I’m not amenable to that approach. I think it is dishonest and a blatant attempt to sustain the continuing fraud of the American public, taxpayers and property owners.

My point is simply this: let’s start with the facts of what really occurred. Who loaned money? Who borrowed money? who was a payor, payee, guarantor, insurer? Did the originating documents actually describe the real transaction? If the documents described a fictitious transaction, what difference does it make whether the assignment was valid? Isn’t the assignment of zero a simple product of multiplication in which the answer is zero?

After we get the facts straight then it’s easy — either the documents are on point, compliant and truthful or they are not. Either way the law has plenty of precedent and statutes to deal with the outcome. The cornerstone of the argument in this white paper is a lie and it isn’t a white lie. The authors want you to first look at the documents and ASSUME their CURRENT recitations of PAST facts and recitations are true even though they are mostly in direct conflict with the reality of the actual transactional events.

Follow the money and you can’t go wrong. Follow the documents and you are in Wonderland where things like opposite day are ordinary.