Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Search CFLA's Article Archive:

Making Your Point In Court

livinglies.me | February 10, 2020

The problem with most presentations of foreclosure defense is that they focus exclusively on the technical requirements of foreclosure. That is necessary of course because the foreclosure fails if it is not done properly. But lacking in most presentations and present in all presentations in which the homeowner has won is the fact that the foreclosure is fundamentally wrong and that the court is not going to fill in gaps that the claimant can't or won't fill.

The important thing with both bench and jury trials in these matters is that the trier of fact is not going to give a windfall to anyone just because of a technicality.

That is why it is so important to get facts in front of them that show that this isn't just about the fact that the banks did everything wrong, it is really about a greedy scheme in which they immediately made profits more than the principal of the loan and never told the investors or the borrowers about it. It is about the banks withholding disclosure that would have altered the terms of any deal with investors and borrowers.

*
Hence the foreclosure must be seen as wrong from a layman's point of view. He or she must see this as wrong ---morally corrupt--- and that rewarding the homeowner is one way to regulate greedy corrupt practices that sent us into 2008 spiral while the banks continued to make money on the decline.
*
The missing link is that the real deal was securitization --- the issuance and trading of securities and betting against both the "loans" and the securities that were issued. The real deal was not lending. Taken in that context, the implied contract requires that the investors and borrowers be compensated for the undisclosed risks and the undisclosed profits made as a result of their involvement in securitization.
*
But even if that compensation is not forthcoming, the prospect of the imbalance between the mountain of profit and the molehill of debt must loom large in order to get an actual award of real damages. The judge or jury must understand that not awarding damages to the homeowner is sanctioning the bad behavior fo the banks and further rewarding them by allowing them to retain ill-gotten gains.
*
My opinion is that taking this to the judge emphasizes the legal technicalities which are all on your side but that the judge will have the same bias --- a windfall to a homeowner at the expense to the banks in whose stocks he or she has invested pension money and at the expense of securitization in whose certificates his pension money has been invested.
*
If the trier of fact decides that in the end it is fair and it is right that the foreclosure should proceed because the foreclosure will result in payment to someone who paid value for your debt and has suffered a loss from your refusal to pay, there is no technicality that will likely save you.

 

Order Cutting-Edge Services Now   Quiet Title Packages from Licensed Attorneys
     
CFLA Sponsored Attorney Links   CFLA Training Academy

 

Back to February 2020 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 888-758-CFLA (2352) 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 888-758-CFLA (2352)

 

 

 

 

 

 

 

 

Bookmark and Share

spacer

Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin

 

BBB Logo

 

spacer

Contact us or view our Sample Documents & Audits by completing the form below.

 

 

 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

The True News Network

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Foreclosure Defense LLC

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Phone: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 
CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2017 Certified Forensic Loan Auditors ™ All rights reserved