Neil Garfield | September 30, 2010 at 10:15 am | Tags: evidence, appraisal fraud, PROOF, affidavits, Rules, raings, authroity to sign | Categories: CDO, CORRUPTION, Eviction, GTC | Honor, Investor, Mortgage, bubble, currency, foreclosure, securities fraud | URL: http://wp.me/p7SnH-2pT
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The common thread is they were lying.
They lied when they said these were AAA rated liquid investments based upon industry standard underwriting standards for residential mortgages
They lied when they said this property is worth more than the principal that was borrowed.
They lied when they said these loans are in default
They lied when they said they were giving a complete accounting for the transaction
They lied when they said “I have personal knowledge”
And they are lying now when they say the contents of the fraudulent documents are true but the person was wrong. If that was true all they would have to do is submit a corrective instrument signed by someone who would swear again under oath that the facts were true. But they don’t have that person because there are no such “true facts.” The whole thing is a myth and now it is starting to unravel. There is a way out of this mess for everyone, but nobody listens to the facts — they (the banks) insist on stepping on rake after rake as they walk off a cliff. Who is advising these people, Daffy Duck?
Crushing their own credibility, GMAC, Ally and Chase and soon other banks and their foreclosure mills will soon be trying to tell us that the information on the affidavit is correct, that the substitution of trustee is valid, that the notice of default is genuine, that they are the holder of the note (even if the obligation inures to the benefit of another party), and that the lien has been perfected. They continue to proceed as though they can fool all the people all of the time.
Memo to Banks: your advantage in procedure is vanishing — there are about 5,000 judges across the country that are questioning themselves and their docket and most of all YOU, whom they trusted. Judges don’t like it when someone uses the system to make a mockery of the rules, and they really don’t like it when they realize that they just rubber stamped 3,000 foreclosures that were fatally defective. RULE #1: Don’t make the Judge angry. Oops, you already did that.
Nobody liked or trusted the banks before the revelations by GMAC and Chase corroborating what I have been saying for three years and teaching in my seminars about evidence, objections and the rules of civil procedure. Your credibility is going down the drain, what was left of it. You can’t use fake affidavits to circumvent the requirements of evidence and substantive law anymore. You can’t submit assignments, endorsements, substitutions of trustee, notices of default, notices of sale and file motions for summary judgment unless you are actually entitled to win on a level playing field. That means you need a live witness who is going to say that the assignment was executed by them on behalf of an entity that had something to assign and with authority from that entity that can be shown within the proffer of other evidence. You need a live person who is willing to perjure themselves. And even if you found one, they will never survive cross examination, discovery and investigation.
It is no longer a secret that there were no assignments, no endorsements, no allonges, no transmittal of the paperwork until you decided to foreclose. It’s no secret that when the new paperwork was signed, the people signing it had no more idea what they were signing than those characters who signed the affidavits. It’s no secret that the auctions were based upon fraudulent “credit bids” and that title was improperly documented and thus not actually transferred — not in the eyes of any competent title examiner. It’s no secret that it was all a sham — not anymore. So you can either continue to strategize with Daffy Duck as your chief adviser or you can choose another path. If you continue down the current path, do the math. It doesn’t work out very well. Do the politics. It doesn’t work out very well.
Congratulations, you just became the loss insurer for millions of American homeowners — and at the same time you have exposed your other activities in student loans, credit cards, auto loans and other debt.