How to Undermine the Credibility of Deutsch, Wells Fargo et al.
The entire securitization strategy is thus predicated upon the ability to convince a judge to presume facts, even if they are untrue.
The pattern of misconduct revealed in the track record of the major banks could be used to undermine the legal presumptions and force the proof of the loan, purchase etc.
BUT the major banks don’t often appear as the claimant in foreclosure cases even though it is they who are pulling the strings and who will receive the proceeds of foreclosure and it is they who receive the proceeds of mortgage payments. Neither the investors nor the nonexistent trusts see one penny.
So the challenge is to tie in the major bank who is the underwriter of the certificates sold in the name of the fake trust and who also names itself as “Master Servicer” of the fake trust with essentially no duties.
This requires a sea change in how foreclosure defense is conducted. And it is a rough road.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
Clients keep asking the same question: they point to the most recent news article detailing the corruption and malfeasance of the banks and ask how knowledge of such behavior could help their foreclosure defense. Remember that the news articles are not convictions proving they did what is alleged. So you would have to prove that the alleged acts in other cases were (a) actual and (b) relevant to your specific case in foreclosure.
People who go to court sounding off about the reportedly bad acts by their opponent gain nothing. In fact, it weakens their case because they sound like conspiracy theorists.
Source: Living Lies, their name say’s it all!