US TRUSTEE Louisiana sanctions motion memo v LPS

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY

Editor’s Note: Every time a lawyer, Judge, US Bankruptcy Trustee stops to actually look at the paperwork, the result is the same. The game is your would-be forecloser to get the Judge to avoid scrutinizing the documents. It works in most cases because either the debtor does nothing or his lawyer, not up to speed on securitization, doesn’t quite no what to say.

YOUR JOB: GET THE LAWYER, US BANKRUPTCY TRUSTEE OR OTHER JUDGE ON THE SAME PAGE: Set a reasonable goal. Your goal is to get everyone to follow the rules of evidence. Your goal is to get everyone to scrutinize those documents.

The game is that the pretender lender presents documentation that appears to be valid on its face. They figure first of all that you or your lawyer are going to give up right there so the Judge will never rule on it because he hasn’t been asked to do so. Their ace in the hole is the perception and belief of the presiding Judge that the debtor must be in default either because the debtor already admits it directly or indirectly or just because “why else would a financial institution foreclose?”

In every case where the homeowner has succeeded in getting the Judge to allow testing of the veracity of the pretender lender’s representations, the homeowner has won or settled on very favorable terms. No case has ever actually gone to trial that has been reported to me.

The moral of the story is as I have said for three years now, assume nothing, accept nothing at face value, make them attempt to prove every element of what they are proffering to the court. They can’t do it.

Louisiana sanctions motion memo

MEMORANDUM OF LAW IN SUPPORT OF UNITED STATES TRUSTEE’S
MOTION FOR SANCTIONS AGAINST LENDER PROCESSING SERVICES, INC. AND
THE BOLES LAW FIRM

Louisiana sanctions motion

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