Bravo!!! LOL We have a winner!!! Kelly E.!!!

LEARN HOW TO FIGHT WITH HONOR AND WIN!

At 3:12 AM Kelly E. posted the following:

Answer: who does the Servicer represent, I.e: who is the alleged mortgagee and what authority does alleged servicer have to represent? Once a party name is supplied, send a Qualified written request with more specific questions.

Kelly will get a free pass to the seminar on 9/29/21 at 3 PM EDT. Upon request, Kelly may pick a licensed practicing attorney to attend also for no admission fee. The attending attorney will receive 2.5 credits in Florida and probably 2.0-2.5 in any of 26 other states that previously approved my presentation for CLE credit.

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At least a dozen others also got the right answer, one of whom I was going to invite as a guest anyway because he was co-counsel with me when we won two cases hands down with findings of act opposite to what the foreclosure mill as arguing — Patrick Giunta, Esq., in Fort Lauderdale. Great lawyer.

Several of the people who submitted the right answers but also got lost in the weeds. The simple correct answer is to challenge the authority of the company that is named on the letterhead. It’s pretty simple: the proof fails if the foreclosure mill can’t produce a witness who will provide the legal foundation for the documents they intend to use at trial.

Patrick and I didn’t win our cases (he also won others on his own) because we proved that all claims of the securitization of debt are false and that foreclosures based upon the theory of securitization of debts are a scam although we both think that is probably true.

We won because we stopped the other side from getting their B-S into evidence. And we won because the lawyers for the homeowners revealed and then the judge found too many discrepancies that led the court to question the credibility of the documents proffered by the foreclosure mill. Since the entire case is built on documents that refer to events instead of records of those events, the case fails nearly every time.

That is all you need! But getting there is a challenge especially with judges who are, by definition, supposed to be skeptical.

The first thing that can be challenged and which therefore is the first step in the challenge is a challenge to authority. That authority must come from the owner who paid value in exchange for legal ownership and transfer of the alleged underlying obligation. If the authority exists then the servicer is a servicer. If it does not exist, then it doesn’t matter what business the company is in or what functions it actually performs. If it is a servicer, (by broad statutory definition) then you can go to the question bout what functions does it actually perform relative to the subject homeowner transaction.

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