Attack the Legal Presumptions

Posted by Neil Garfield | September 7, 2017

Legal presumptions lie at the very heart of the millions of wrongful foreclosures that have been approved by the courts and that will be approved in the future unless lawyers are able to successfully challenge the basic premises of the foreclosing party, to wit: (1) a facially valid instrument is presumed to be authentic and valid and (2) holders of a promissory note must prove their right to enforce the note which in turn means that they must disclose the source of their alleged authority.

Without a timely objection the document will be admitted in evidence as proof of the assertion that a debt exists between the homeowner and the foreclosing party as creditor. Without a timely objection the legal presumption arises that the alleged holder is the holder and possesses authority to enforce.

By failing to make timely objections and sometimes by affirmative allegations in the homeowner’s pleadings that inadvertently create admissions against the interests of the homeowner, the homeowner is often removing issues that should be contested. Once the testimony and documents are admitted, it is nearly impossible to circle back around and contest the facts that you have admitted. One example is reciting the chain of title as if any of those entries were true representations of actual transactions. Admit that and it’s game over.

Back to September 2017 Archive

"CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea–it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 832-932-3952 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online)".

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us at 832-932-3952