The Money Trail vs. The Paper Trail
by KK MacKinstry/Lendinglies.com
Homeowners trying to receive evidence of the money trail are stonewalled from obtaining the documents that would help them to prove their case and prevail. Discovery is often blocked on ordinary grounds or on the basis of relevance. Therefore Discovery must be executed with precision, caution and as part of the record. Both the money trail and the paper trail matter, but revealing the money trail is much more difficult because in that discovery lies the smoking gun.
To date, foreclosures are based on fake, fabricated documents because the Megabanks deliberately designed underwriting requirements that required the destruction of the mortgage notes. The servicer’s attorney typically proffers an original note that is robosigned by a party with no personal knowledge of the note or loan history and status. Just because the documents appear facially valid and it contains all the…
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